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Workforce Coronavirus Relief
The federal Families First Coronavirus Response Act of 2020 ("Families First Act") is the second in a series of legislation to deal with...

Paul Peter Nicolai
Jun 16, 20204 min read


Arbitration Notice Succeeds
A Plaintiff sued her employer saying it misclassified her as an independent contractor and failed to pay her minimum wages. The court...

Paul Peter Nicolai
Jun 9, 20201 min read


Supreme Court Says Willful Infringement Not Required to Award Profits In Trademark Cases
The U.S. Supreme Court ruled a trademark infringement plaintiff does not have to show willful infringement to get an award of profits.

Paul Peter Nicolai
Jun 2, 20201 min read


Good-Faith Presumption under Paycheck Protection Program
SBA has determined that payroll protection plan recipients of less than $2 Million will be presumed to have determined need in good faith.

Paul Peter Nicolai
May 27, 20202 min read


Understanding Cyber-Risk Insurance
Shopping for cyber risk insurance means understanding both the insurance and what you need.

Paul Peter Nicolai
May 12, 20206 min read


RETALIATION TRIPLES DAMAGES
Commissions not yet owed became lost wages when an employer retaliated against an employee foir complaining about commissions nonpayment.

Paul Peter Nicolai
May 5, 20201 min read


Oops...Corporate Debt Gets Personal
Corporate debts can get personal if you make a mistake trying to avoid them.

Paul Peter Nicolai
Apr 28, 20201 min read


Making M&A Earnouts That Work
Parties use earnouts to overcome differences of opinion on value. The wrong clause can mean lawsuits later.

Paul Peter Nicolai
Apr 21, 20203 min read


PPP FORGIVENESS HOOPS
Millions of companies have submitted for PPP. Now it;s time to think about manximizing foregiveness.

Paul Peter Nicolai
Apr 16, 20204 min read


Depression Leads to Discrimination
An employee diagnosed with depression blurted out he was resigning. When he retracted his resignation, the employer refused to allow it...

Paul Peter Nicolai
Apr 14, 20201 min read


Commercial Landlord & Tenant – Possession
Commercial tenants may not be able to stop eviction by filing a prior case for damages.

Paul Peter Nicolai
Apr 7, 20201 min read


Uber’s Arbitration Terms Ruled Unenforceable
Uber's contracting process has been ruled ineffective.

Paul Peter Nicolai
Mar 31, 20201 min read


Does Coronavirus Excuse Contract Performance?
The answer depends on the force majeure clause in the contract – if it has one. If it does, start with its language. It may contain a...

Paul Peter Nicolai
Mar 25, 20202 min read


Coronavirus Thoughts For Business
Not pretty but coronavirus business survival means preserving cash.

Paul Peter Nicolai
Mar 20, 20202 min read


Coronavirus Employer Requirements Coming
A rundown of federal employment related mandates and benefits on the table and being rolled out to deal with coronavirus.

Paul Peter Nicolai
Mar 20, 20204 min read


Limitations Waiver Unenforceable
The Virginia Supreme Court has decided that some contractual waivers of statute of limitations are unenforceable.

Paul Peter Nicolai
Mar 17, 20201 min read


Private Software Licenses vs. Government Software Licenses
Government procurement regulations automatically insert clauses into software licenses which are surprisingly different than private deals.

Paul Peter Nicolai
Mar 12, 20206 min read


Employee Misclassification Spreads
The danger of misclassifying a worker as an independent contractor is growing with the new ABC test.

Paul Peter Nicolai
Mar 10, 20201 min read


The State of Cannabis Banking
Finding banking services for marijuana related businesses remains tough and is only changing slowly. Legalizing hemp may have helped that.

Paul Peter Nicolai
Mar 3, 20209 min read


Another Tool To Recover Excessive Executive Compensation
In certain jurisdictions, creditors may be able to call excessive compensation paid to manager-shareholders as unlawful dividends

Paul Peter Nicolai
Feb 25, 20202 min read
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