Paul Peter Nicolai
BYPASSING COURT DELAYS
COVID-19 has considerably slowed the resolution of pending court cases and exacerbated many courts’ already significant backlog of cases....
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Paul Peter Nicolai
- Apr 12, 2022
- 2 min
New Data Regulation
The regulation of data collection and its use marches on. Recent examples include: Illinois Illinois has a new law that took effect on...
Paul Peter Nicolai
- Apr 5, 2022
- 3 min
Decision Helps Brands Pay Less per Click
Have you ever searched for a brand online only to find that the first link leads to a competitor or reseller website? This can be a...
Paul Peter Nicolai
- Mar 29, 2022
- 3 min
Bankruptcy Shield - Important Section 363 Protections
A Delaware bankruptcy judge reminded potential buyers or acquirers of assets from a distressed entity they have important protections....
Paul Peter Nicolai
- Mar 22, 2022
- 2 min
Use or Lose Your Right to Arbitrate
According to a state appellate court, a right to arbitration can be waived when brought almost two years into litigation. The court...
Paul Peter Nicolai
- Mar 15, 2022
- 2 min
Circuit Split Widens Over ADA’s Application to Websites
Another federal appellate court has held that a website inaccessible to the blind does not violate the Americans with Disabilities Act...
Paul Peter Nicolai
- Mar 8, 2022
- 1 min
MA SUPREME COURT SAYS FIRING OVER PERSONNEL FILE REBUTTAL IS UNLAWFUL
An at-will employee fired when he filed a rebuttal letter for inclusion in his personnel file after being placed on a performance...
Paul Peter Nicolai
- Mar 1, 2022
- 1 min
SECURITIES CLASS ACTION REVIVED
Carbonite launched a data backup product in October 2018. It withdrew the product from the market in July 2019 after it could not remedy...
Paul Peter Nicolai
- Feb 22, 2022
- 1 min
Pennsylvania Supreme Court Rejects Business Registration as Consent to Personal Jurisdiction
The Pennsylvania Supreme Court struck down Pennsylvania’s consent-by-registration law. That law said that an out-of-state business...
Paul Peter Nicolai
- Feb 15, 2022
- 1 min
Three-year Reservation of Lots May be a Taking
A developer was required to reserve five building lots for potential municipal use for three years as a permit condition. A federal judge...
Paul Peter Nicolai
- Feb 8, 2022
- 2 min
NY Whistleblower Protections Expanded
NY has an expanded whistleblower protection law that significantly boosts protections for private-sector employees claiming retaliation...
Paul Peter Nicolai
- Feb 1, 2022
- 4 min
COVID Vaccination Sweepstakes
In the current environment and with the US Supreme Court knocking out the OSHA rule, employers are looking for creative ways to...
Paul Peter Nicolai
- Jan 25, 2022
- 1 min
OTC COVID Test Coverage Required of Health Plans
The Department of Labor, Department of Health and Human Services, and the IRS (the “Agencies”) have issued Frequently Asked Questions #51...
Paul Peter Nicolai
- Jan 18, 2022
- 6 min
Avoiding Settlement Tax Errors
Here are some common tax fallacies involving settlements and why they are wrong. Putting the money in a lawyer-client trust account...
Paul Peter Nicolai
- Jan 4, 2022
- 2 min
Limiting Non-Competes
We have reported that states are restricting the operation of non-compete and other restrictive post-employment covenants. The latest...
Paul Peter Nicolai
- Dec 28, 2021
- 1 min
MASS ADOPTS FLSA JOINT EMPLOYER TEST
The Massachusetts Supreme Court has decided that a company that entered into a subcontract for regional direct sales services for its...
Paul Peter Nicolai
- Dec 21, 2021
- 1 min
MUDDY CONTRACT MEANS YEARS IN COURT
Two parties entered into a contract that had an arbitration clause. About 10 years later they entered into a second contract which did...
Paul Peter Nicolai
- Dec 7, 2021
- 4 min
VACCINATION MANDATE PLANNING
Employers continue to grapple with state and federal legislation on COVID-19 vaccinations. The U.S. Court of Appeals for the First...
Paul Peter Nicolai
- Nov 30, 2021
- 11 min
OSHA Emergency Temporary Standard On COVID-19 Vaccination or Testing for Larger Employers
NOTE: The United States Court of Appeals for the Fifth Circuit granted an emergency motion to stay enforcement of this Standard, finding...
Paul Peter Nicolai
- Nov 23, 2021
- 1 min
EXTORTION AS RETALIATION
After getting a judgment against its former employee, the employer seized his minivan. Rather than sell it to satisfy the judgment, the...
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