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Data Revealed on Open Zoom Meeting Is Secret No More
A business that does not take reasonable steps to protect its confidential information while using Zoom cannot receive trade secret...

Paul Peter Nicolai
Aug 17, 20213 min read


Email Privilege
Does putting a lawyer on a cc line instead of the to line affect the likelihood that the email qualifies for attorney-client-privilege...

Paul Peter Nicolai
Aug 10, 20212 min read


Triple Damages Against Employees
The Massachusetts Supreme Judicial Court (“SJC”) recently made clear that Chapter 93A applies to employees who misappropriate their...

Paul Peter Nicolai
Aug 3, 20212 min read


China's New Data Security Law
China approved a Data Security Law (DSL) which will take effect on September 1, 2021. DSL, together with two other laws known as the PRC...

Paul Peter Nicolai
Jul 27, 20214 min read


Buy-Sell and Valuation Provisions in LLCs
Most LLC operating agreements have provisions on transfers of interests by members. Without specific provisions in an operating...

Paul Peter Nicolai
Jul 20, 20213 min read


No Concrete Harm, No Standing
The U.S. Supreme Court decided that plaintiffs seeking to pursue a Fair Credit Reporting Act (FCRA) class litigation must establish...

Paul Peter Nicolai
Jul 13, 20213 min read


Letter to Editor Is Protected
The NLRB decided an employer violated the NLRA by firing an employee for a letter she wrote to the editor of a local newspaper. A second...

Paul Peter Nicolai
Jul 6, 20211 min read


You Signed an NDA. Now What?
NDAs allow parties to cooperate using information owners would be unwilling to share absent the protections they afford. The basic...

Paul Peter Nicolai
Jun 29, 20216 min read


Supreme Court Cuts Back Computer Fraud and Abuse Act
Back in 1986 Congress passed the Computer Fraud and Abuse Act (CFAA). CFAA imposes criminal or civil liability on any person who...

Paul Peter Nicolai
Jun 22, 20212 min read


SUING TO VOID AN ARBITRATION AWARD GETS EXPENSIVE
Back about 10 years ago, the US Supreme Court limited the grounds for voiding arbitration awards under federal law. Before that, courts...

Paul Peter Nicolai
Jun 14, 20211 min read


FTC Loses Teeth
The Federal Trade Commission (FTC) has for years sued in federal court to obtain restitution of losses or disgorgement of profits from...

Paul Peter Nicolai
Jun 8, 20213 min read


China Copyright Law Amended & Broadened
The first substantial amendments to China’s Copyright Law in 20 years come into effect on June 1, 2021. They focus on enhancing...

Paul Peter Nicolai
Jun 1, 20213 min read


Are Exotic Dancers Employees or Not?
An exotic dancer was an employee of an adult entertainment club under the Fair Labor Standards Act ("FLSA"), even though a written...

Paul Peter Nicolai
May 25, 20213 min read


Gig Worker Bound To Clickwrap Arbitration
The plaintiff applied through the website of the defendant which assigns house cleaning jobs to workers. Later, she clicked an accept...

Paul Peter Nicolai
May 18, 20211 min read


Decision on Arbitration goes to Arbitration
A former employee sued alleging race discrimination by his former employer The employer said the arbitration clause contained in the...

Paul Peter Nicolai
May 11, 20211 min read


Java Code Use Can Be a Fair Use Under Copyright Law
The U.S. Supreme Court has resolved a major copyright dispute fought for over a decade. It said Google’s copying of about 11,500 lines of...

Paul Peter Nicolai
May 4, 20214 min read


More NLRA Enforcement Coming
The Acting General Counsel of the National Labor Relations Board (NLRB) has issued a memorandum to NLRB regional field offices signaling...

Paul Peter Nicolai
Apr 27, 20213 min read


Websites May Not Be Places of Public Accommodation
In a recent ruling, the Eleventh Circuit Court of Appeals has held that websites are not places of public accommodation within the...

Paul Peter Nicolai
Apr 20, 20212 min read


Changes to Commercial Lease Rent Relief
The Bankruptcy Code does not generally allow debtors to individually modify the terms of property leases. The Consolidated Appropriations...

Paul Peter Nicolai
Apr 13, 20213 min read


Here Comes The Federal Corporate Transparency Act
The 2021 National Defense Authorization Act (the NDAA) was enacted on January 1, 2021. Part of it imposes new beneficial ownership...

Paul Peter Nicolai
Apr 6, 20218 min read
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