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Avoiding Employee Misclassification
Agreeing to classify workers as 1099 means nothing, legally and is an expensive mistake.

Paul Peter Nicolai
Jul 9, 20192 min read


Retiree Medical Benefits Litigation
Lawsuits over retiree medical benefits are increasing. So far, employers seem to have the upper hand.

Paul Peter Nicolai
Jul 3, 20192 min read


Protecting Employee Health Information
Employers constantly get employee health information. Most know it is confidential but many do not know what that exactly means.

Paul Peter Nicolai
Jun 28, 20192 min read


Non-solicitation Restriction Labelled Improper Restraint
A company that provided temporary travel nurses to medical care facilities hired recruiters with an agreement restricting them from...

Paul Peter Nicolai
May 31, 20192 min read


Normalizing Hemp, CBD & Marijuana Business
State, national and international law changes are moving to normalize hemp, CBD and marijuana businesses.

Paul Peter Nicolai
May 31, 20193 min read


PERMANENT NON-COMPETE REALLY IS
A 2005 court-approved settlement agreement permanently enjoined the defendants from hiring anyone previously employed by the plaintiff....

Paul Peter Nicolai
May 4, 20191 min read


M&A Earnout Thoughts
Earn-out arrangements are often crucial in bridging price expectations between buyer and seller and getting a deal to closing....

Paul Peter Nicolai
May 2, 20196 min read


PRIVACY COMES TO THE U.S. CALIFORNIA’S NEW DATA PRIVACY LAW.
This past November, Californians were going to vote on a sweeping data privacy ballot initiative. It never made it to the ballot....

Paul Peter Nicolai
Apr 22, 20192 min read


ACTUAL COPYRIGHT REGISTRATION REQUIRED FOR SUIT
In a recent decision, the US Supreme Court ruled that an actual copyright registration from the US copyright office is required to be...

Paul Peter Nicolai
Apr 22, 20191 min read


ELECTRONIC DOCUMENT SIGNING COMPLIANCE
Face it. Printing, signing and scanning documents into PDFs is tedious and passé. Because physical closings are now rare, getting...

Paul Peter Nicolai
Apr 18, 20191 min read


ELIMINATING LIABILITY FOR LOST PROFITS
Many contracts try to eliminate liability for lost profits if something goes wrong. Saying it is one thing, doing it successfully is...

Paul Peter Nicolai
Apr 18, 20191 min read


LLC MEMBER FIDUCIARY OBLIGATIONS
Two former members of a limited liability company were sued by it for breach of fiduciary duty. They moved to dismiss the case because...

Paul Peter Nicolai
Apr 18, 20191 min read


California Joins ABC Test
California's Supreme Court has ruled that the standard for classifying employees or independent contractors should be changed from the...

Paul Peter Nicolai
Apr 4, 20191 min read


Personal Liability for LLC Actions
Like a corporation, a limited liability company (LLC) is liable for its obligations to others. No other person, as owner or agent, is...

Paul Peter Nicolai
Feb 1, 20197 min read


Changing LLC Dissolution Landscape
The law on the creation, operation and duration of limited liability companies (LLC) has been changing over the years. Originally, LLCs...

Paul Peter Nicolai
Jan 7, 20196 min read


IRS Statute of Limitations
How long the IRS has to audit and assess taxes is an important – and complicated – question. The IRS Typically Has Three Years. The...

Paul Peter Nicolai
Jan 1, 20197 min read


Trademark in Commerce Requirement
Being able to register and maintain a trademark with the United States Patent & Trademark Office generally means that you must be able to...

Paul Peter Nicolai
Oct 1, 20177 min read


Brand Protection on the Internet
Brand protection in the internet wage

Paul Peter Nicolai
Sep 1, 201710 min read


Brand Protection on the Internet
Today, trademarks and domain names are interconnected. A web presence is a natural extension of brick-and-mortar business branding. A web...

Paul Peter Nicolai
Sep 1, 201710 min read


Understanding the Benefit Corporation
Under prevailing corporate law, the corporation has only one legitimate purpose—maximizing stockholder welfare. This prevailing law is...

Paul Peter Nicolai
Aug 1, 20176 min read
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