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SEC's New Marketing Rule for Investment Advisers
On 22 December 2020, the U.S. Securities and Exchange Commission (SEC) adopted a new rule to regulate investment adviser advertising and...

Paul Peter Nicolai
Mar 2, 20211 min read


What Creditors Need to Know About the New Federal Debt Collection Rule
The Consumer Financial Protection Bureau (“CFPB”) has finalized two parts of its debt collection rule under the Fair Debt Collection...

Paul Peter Nicolai
Feb 23, 20214 min read


Protecting Trade Secrets with a Remote Workforce
To keep employees and communities safe, many businesses have given remote access to systems and data without ensuring new technologies...

Paul Peter Nicolai
Feb 16, 20212 min read


COVID-19 Compulsory Patent Licensing Law
A patent gives the owner the legal right to sue other parties for making, using, selling, or importing the patented matter. Compulsory...

Paul Peter Nicolai
Feb 9, 20216 min read


Cannabis Contract Enforcement
When a contract involves cannabis, federal courts cannot enforce performance or order remedies, one court has ruled. A cannabis company...

Paul Peter Nicolai
Feb 2, 20211 min read


State Privacy Laws Have Teeth
In 2008, Illinois passed the Biometric Information Privacy Act to grant consumers privacy protections for collected biometric...

Paul Peter Nicolai
Jan 26, 20211 min read


Final Carbon Capture Credit Regulations Ease Participation For Smaller Businesses
The IRS has released final regulations under Code Section 45Q. It provides for a U.S. federal income tax credit at varying rates to...

Paul Peter Nicolai
Jan 19, 20212 min read


Uber Arbitration Agreement Tossed
The Massachusetts Supreme Court has ruled that Uber's customer terms and conditions requiring them to arbitrate claims against Uber are...

Paul Peter Nicolai
Jan 12, 20211 min read


NEW COPYRIGHT AND TRADEMARK LAWS PASSED
On December 21, Congress passed, and the President later signed, a spending bill that folded in several intellectual property provisions...

Paul Peter Nicolai
Jan 5, 20211 min read


Remote Work Legal Issues
Technology and changing preferences make remote work possible for a large part of the workforce but before COVID-19 it had not been...

Paul Peter Nicolai
Dec 22, 20203 min read


Designing M&A Earn-outs to Avoid Disputes After Covid
COVID-19 is likely to increase the use of earn-outs in M&A transactions. Due to the unpredictability caused by the pandemic, buyers and...

Paul Peter Nicolai
Dec 15, 202010 min read


Confidentiality Obligations Wiped Out by Non-Compete Restrictions
Most of those aware of California employment law know that non-compete clauses prohibiting employees from working for competitors after...

Paul Peter Nicolai
Dec 8, 20202 min read


Remote Work Legal Implications
Technological advancements and shifting societal preferences have made remote work programs possible for a significant segment of the...

Paul Peter Nicolai
Dec 1, 20203 min read


The Rapid Development of Data Privacy Law
Rapid law changes mean information privacy is something every company must worry about.

Paul Peter Nicolai
Nov 24, 20202 min read


Children’s Online Privacy Protection
Coronavirus makes understanding the rules protecting children's privacy in the virtual world much more critical, especially since...

Paul Peter Nicolai
Nov 17, 20205 min read


Losing Your Right of First Refusal
Rejecting any part of the terms offered to fulfill a right-of-first-refusal can terminate the entire right.

Paul Peter Nicolai
Nov 10, 20201 min read


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
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