Paul Peter Nicolai
Sleeper Berth Time Compensable
A U.S. District Court judge ruled in a suit involving long-haul truck drivers that sleeper berth time exceeding eight hours per day is...
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Paul Peter Nicolai
Feb 202 min read
DOJ Incents Voluntary Self-Disclosure in Safe Harbor Policy for Mergers and Acquisitions
Under the new policy, companies that timely and voluntarily self-disclose criminal misconduct uncovered during their pre-acquisition due...
Paul Peter Nicolai
Feb 131 min read
Indirect Evidence Reinstates Age Discrimination Case
The Massachusetts Supreme Court has reversed a summary judgment granted an employer on a claim of age discrimination asserted by a...
Paul Peter Nicolai
Feb 65 min read
Carve-Out Transactions
Carve-out transactions allow owners to divest non-core business units for value creation. Businesses have increasingly embraced carve-out...
Paul Peter Nicolai
Jan 301 min read
Website Review Manipulation Is Deceptive
A claim was brought over a company’s practice of suppressing reviews on its website. The company asked for the case to be dismissed. The...
Paul Peter Nicolai
Jan 231 min read
Wholesaler Inside Sales Reps Entitled To Overtime
A wholesale plumbing and heating product supplier must pay its inside sales representatives overtime. The Court ruled that they did not...
Paul Peter Nicolai
Jan 164 min read
NLRB Weakens Secret-Ballot Elections
The National Labor Relations Board (NLRB or Board) has ended 52 years of Board law that had previously enshrined the secret ballot...
Paul Peter Nicolai
Jan 91 min read
Internal Compilation Of Labor Rates Is A Trade Secret
A company sued two former employees and asked that the Court forbid them from using its internal compilation of its labor rates. The...
Paul Peter Nicolai
Jan 23 min read
Work Generated by Artificial Intelligence Alone Is Not Eligible for Copyright Protection
As more businesses seek to use artificial intelligence (AI) to generate content, it is vital to understand the scope of copyright...
Paul Peter Nicolai
Dec 26, 20231 min read
Contract Choice of Law Does Not Defeat Chapter 93A Claim
A Chapter 93A count was dismissed from a contract lawsuit based on the contract's choice of law clause. That clause said New York law...
Paul Peter Nicolai
Dec 19, 20231 min read
Trade Secret Theft Creates Triple Damages
A jury found two defendants liable for their former employer's misappropriation of trade secrets. The judge found this violated Chapter...
Paul Peter Nicolai
Dec 12, 20235 min read
Internet Privacy Litigation Creates Issues for Websites Using Third-Party Technology
Consumer privacy litigation based on websites is skyrocketing. This is due to two appellate court decisions involving whether a website’s...
Paul Peter Nicolai
Nov 30, 20233 min read
Impact of Supreme Court Affirmative Action Ruling on Employers
The Supreme Court overturned its precedent and held that the goal of achieving a diverse student body cannot justify using race as a...
Paul Peter Nicolai
Nov 28, 20233 min read
FTC Proposes New National Regulations for Automatic Renewals
Several states have recently passed new automatic renewal laws (ARLs) that regulate continuing or renewing contracts for goods and...
Paul Peter Nicolai
Nov 23, 20231 min read
Contract Choice of Law & Chapter 93A
A Chapter 93A count was dismissed based on the contract's choice of law clause. On appeal, this was reversed even though the contract...
Paul Peter Nicolai
Nov 21, 20231 min read
Data Breach Liability Expanding
Until recently, cases alleging damages for data breaches have been mainly unsuccessful, absent a showing of actual damages by the persons...
Paul Peter Nicolai
Nov 14, 20234 min read
EEOC Proposes Rules for Pregnant Workers Fairness Act
The EEOC has issued a set of proposed rules to implement the Pregnant Workers Fairness Act(PWFA), a new law that protects the rights of...
Paul Peter Nicolai
Nov 14, 20234 min read
Montana, Texas and Oregon Add Data Privacy Laws
Three new states enacted comprehensive consumer data privacy laws in May and June. On May 19, 2023, Montana Governor Greg Gianforte...
Paul Peter Nicolai
Nov 7, 20238 min read
Complying with Beneficial Ownership Reporting Rules Under the Corporate Transparency Act
Starting January 1, 2024, entities must comply with the reporting rules under the Corporate Transparency Act (CTA). The CTA applies both...
Paul Peter Nicolai
Oct 31, 20233 min read
NLRB Imposes New Limits on Employer Work-Rules
The NLRB has held that employers violate the National Labor Relations Act when they issue facially neutral work rules, like a no-camera...
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