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Paul Peter Nicolai
Jan 23, 20241 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 16, 20244 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 9, 20241 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 2, 20243 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...


Paul Peter Nicolai
Oct 24, 20232 min read
Liability For Data Breaches Opening Up
Over the past 15 years, federal agencies and state governments have been imposing new obligations and requirements for handling...


Paul Peter Nicolai
Oct 17, 20231 min read
Implied Covenant Of Good Faith And Fair Dealing In Employment
An employer sued, saying an employee breached her employment agreement. The employee countered with a claim for breach of the implied...


Paul Peter Nicolai
Oct 10, 20231 min read
Trade Secrets Theft Yields Triple Damages
Where a Massachusetts jury found two defendants liable for the misappropriation of trade secrets from the plaintiff, the court ruled that...


Paul Peter Nicolai
Oct 3, 20232 min read
USERRA Reminder
The U.S. Court of Appeals for the 11th Circuit has ruled that military reservists must be treated as if they were on paid leave for...


Paul Peter Nicolai
Sep 26, 20234 min read
Delaware Rules Corporate Officers Have Duty of Oversight
The Delaware Court of Chancery ruled for the first time that corporate officers owe a fiduciary duty of oversight. The Court held that an...
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