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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


Pandemic Closing does not Breach Lease
A commercial landlord sued a tenant that stopped operating a café and paying rent following a statewide order disallowing on-premises...

Paul Peter Nicolai
Mar 30, 20211 min read


The Federal No Surprises Act
On 28 December 2020, the Federal No Surprises Act (Act) was enacted. It protects patients from surprise medical bills in certain...

Paul Peter Nicolai
Mar 23, 20215 min read


Race Case Against Whole Foods Dismissed
Whole Foods Market employees claimed it discriminated and retaliated against them when it barred them from wearing Black Lives Matter...

Paul Peter Nicolai
Mar 16, 20211 min read


Prompt Payment Act Noncompliance Waives Defenses
A contractor requested seven progress payments on a construction project which were not paid. The construction manager did not follow the...

Paul Peter Nicolai
Mar 9, 20211 min read
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