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New York City Biometric Identifier Information Ordinance
As part of a growing national privacy trend, a new biometrics privacy ordinance in New York City puts new limits on commercial...

Paul Peter Nicolai
May 17, 20221 min read


Triple Damages For Delayed Wage Payments Required
An employer waited three weeks before paying a terminated employee for accrued vacation time. The lower court found that since the...

Paul Peter Nicolai
May 10, 20221 min read


ARBITRATION EXEMPTION
An employee claimed her employer’s policy of not compensating merchandisers for an off-the-clock time deprived them of wages earned. The...

Paul Peter Nicolai
May 3, 20221 min read


Terminating Agreement Snuffed Breach of Contract Claim
Delaware courts have decided that the plaintiff extinguished its breach of contract claims when it elected to terminate a merger...

Paul Peter Nicolai
Apr 26, 20221 min read


BYPASSING COURT DELAYS
COVID-19 has considerably slowed the resolution of pending court cases and exacerbated many courts’ already significant backlog of cases....

Paul Peter Nicolai
Apr 19, 20222 min read


New Data Regulation
The regulation of data collection and its use marches on. Recent examples include: Illinois Illinois has a new law that took effect on...

Paul Peter Nicolai
Apr 12, 20222 min read


Decision Helps Brands Pay Less per Click
Have you ever searched for a brand online only to find that the first link leads to a competitor or reseller website? This can be a...

Paul Peter Nicolai
Apr 5, 20223 min read


Bankruptcy Shield - Important Section 363 Protections
A Delaware bankruptcy judge reminded potential buyers or acquirers of assets from a distressed entity they have important protections....

Paul Peter Nicolai
Mar 29, 20223 min read


Use or Lose Your Right to Arbitrate
According to a state appellate court, a right to arbitration can be waived when brought almost two years into litigation. The court...

Paul Peter Nicolai
Mar 22, 20222 min read


Circuit Split Widens Over ADA’s Application to Websites
Another federal appellate court has held that a website inaccessible to the blind does not violate the Americans with Disabilities Act...

Paul Peter Nicolai
Mar 15, 20222 min read


MA SUPREME COURT SAYS FIRING OVER PERSONNEL FILE REBUTTAL IS UNLAWFUL
An at-will employee fired when he filed a rebuttal letter for inclusion in his personnel file after being placed on a performance...

Paul Peter Nicolai
Mar 8, 20221 min read


SECURITIES CLASS ACTION REVIVED
Carbonite launched a data backup product in October 2018. It withdrew the product from the market in July 2019 after it could not remedy...

Paul Peter Nicolai
Mar 1, 20221 min read


Pennsylvania Supreme Court Rejects Business Registration as Consent to Personal Jurisdiction
The Pennsylvania Supreme Court struck down Pennsylvania’s consent-by-registration law. That law said that an out-of-state business...

Paul Peter Nicolai
Feb 22, 20221 min read


Three-year Reservation of Lots May be a Taking
A developer was required to reserve five building lots for potential municipal use for three years as a permit condition. A federal judge...

Paul Peter Nicolai
Feb 15, 20221 min read


NY Whistleblower Protections Expanded
NY has an expanded whistleblower protection law that significantly boosts protections for private-sector employees claiming retaliation...

Paul Peter Nicolai
Feb 8, 20222 min read


COVID Vaccination Sweepstakes
In the current environment and with the US Supreme Court knocking out the OSHA rule, employers are looking for creative ways to...

Paul Peter Nicolai
Feb 1, 20224 min read


OTC COVID Test Coverage Required of Health Plans
The Department of Labor, Department of Health and Human Services, and the IRS (the “Agencies”) have issued Frequently Asked Questions #51...

Paul Peter Nicolai
Jan 25, 20221 min read


Avoiding Settlement Tax Errors
Here are some common tax fallacies involving settlements and why they are wrong. Putting the money in a lawyer-client trust account...

Paul Peter Nicolai
Jan 18, 20226 min read


Limiting Non-Competes
We have reported that states are restricting the operation of non-compete and other restrictive post-employment covenants. The latest...

Paul Peter Nicolai
Jan 4, 20222 min read


MASS ADOPTS FLSA JOINT EMPLOYER TEST
The Massachusetts Supreme Court has decided that a company that entered into a subcontract for regional direct sales services for its...

Paul Peter Nicolai
Dec 28, 20211 min read
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