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Trade Secret Misappropriation Judgment Reversed
Employers cannot restrict a former employee’s ability to compete just because a contract says everything is confidential.

Paul Peter Nicolai
Nov 3, 20201 min read


SEC Expands Definition of Accredited Investor
The SEC adopted an expansion pf the definition of “accredited investor”. It permits a greater number of investors to participate.

Paul Peter Nicolai
Oct 27, 20204 min read


Extending When You Can Sue
Discovering and understanding fraud is complicated and time consuming. This court used two doctrines to extend the time for plaintiff to sue

Paul Peter Nicolai
Oct 20, 20202 min read


Planning the Future of Information Governance
Accommodating workplace operations for the future raises the question of implications for critical data security and information governance.

Paul Peter Nicolai
Oct 13, 20202 min read


Dealing With Healthcare Services Acquisition Risks
Healthcare is a significant portion of the U.S. economy and will be so for the foreseeable future. National health expenditures are...

Paul Peter Nicolai
Oct 6, 20207 min read


Supreme Court Limits SEC Disgorgement Power
The Supreme Court has ruled that the SEC can seek disgorgement as an equitable remedy in cases under the Securities Exchange Act of 1934....

Paul Peter Nicolai
Sep 29, 20201 min read


Death Terminates Brokerage Agreement
The owner of three residential properties died after signing an exclusive right-to-sell agreement with a real estate agency. Her estate...

Paul Peter Nicolai
Sep 22, 20201 min read


Partial Arbitration Award Dangers
There are good reasons for dividing some arbitrations. There are dangers, however. Courts have provided varying results when there is more t

Paul Peter Nicolai
Sep 15, 20204 min read


Brazil Passes National Privacy Law
Joining a global trend, Brazil has enacted an omnibus law governing the use of personal data, the LGPD.

Paul Peter Nicolai
Sep 8, 20204 min read


Public Data Scraping Likely Does Not Violate CFAA
The Computer Fraud And Abuse Act (CFAA) prohibits accessing a computer without authorization. It is violated when a person circumvents a...

Paul Peter Nicolai
Sep 1, 20202 min read


Not Every Job Change Terminates Non Competes
A 1968 decision has been consistently argued to terminate old noncompete agreements. A court has ruled that not every job change will cause

Paul Peter Nicolai
Aug 25, 20201 min read


Uncertainty Over Defendant’s Profits in Trademark Cases Remains
The federal trademark law was passed in 1946. Through the 1980s an order telling and infringer to stop was the preferred way to end trademar

Paul Peter Nicolai
Aug 18, 20203 min read


Liability for Work from Home and Personal Email Policies
Allowing employees to work from home and use their personal emails for business, the firm created a cyber-security risk.

Paul Peter Nicolai
Aug 11, 20201 min read


Sale Taxable Without A Transfer
The Massachusetts Supreme Court announced that transfer of title or possession is not required to find that a taxable event occurred.

Paul Peter Nicolai
Aug 4, 20201 min read


Wage Act Claims Against Company Officials Dismissed
A Massachusetts federal court judge dismissed Wage Act claims brought against individuals for lack of jurisdiction.

Paul Peter Nicolai
Jul 28, 20201 min read


LLC Manager Liability
Limited liability companies are the most popular entity structure for new businesses. As a result , the law applicable to limited...

Paul Peter Nicolai
Jul 14, 20204 min read


First Amendment Can Apply to Facebook Pages
This decision is one of the first to explicitly hold that Facebook pages can be public forums, laying down an important marker that freedom

Paul Peter Nicolai
Jul 9, 20202 min read


Being Information Lean After COVID-19
Many things will never be the same after COVID-19. Employees will spend less time at an office. Employees working remotely will use more...

Paul Peter Nicolai
Jul 7, 20203 min read


Controlling Board & Officer Cybersecurity Liability
High-profile breaches have affected millions of customers and employees. They have created major losses to businesses through direct...

Paul Peter Nicolai
Jun 30, 20203 min read


VOLUNTEER DIRECTORS IMMUNE
The Massachusetts Supreme Court has issued a broad decision immunizing volunteer directors to Massachusetts nonprofits from liability and...

Paul Peter Nicolai
Jun 23, 20202 min read
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