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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 31, 20233 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 24, 20232 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 17, 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 10, 20231 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
Oct 3, 20232 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...

Paul Peter Nicolai
Sep 26, 20234 min read


New Exemption from Securities Broker Registration for M&A Brokers
There is a new exemption that allows M&A brokers to avoid registering as securities brokers. President Biden signed the Consolidated...

Paul Peter Nicolai
Sep 19, 20234 min read


Pennsylvania Supreme Court Says “No-Hire” Provision Unenforceable
The Supreme Court of Pennsylvania decided a no-hire provision between competing businesses void as a matter of public policy and...

Paul Peter Nicolai
Sep 12, 20233 min read


Supreme Court Says Business Registration Subjects Out-of-State Companies Personal JurisdiCTION
The Supreme Court ruled that a company's decision to register for business in Pennsylvania is consent to general personal jurisdiction in...

Paul Peter Nicolai
Sep 5, 20231 min read


Landlord And Tenant – Email Notice For Option
A commercial tenant asked for a declaratory judgment that it had provided proper notice of its option not to renew its lease. The trial...

Paul Peter Nicolai
Aug 29, 20231 min read


Supreme Court Says Appeal From a Denial of a Motion to Compel Arbitration Stops Trial Proceedings
The US Supreme Court has decided that an appeal of a denial of a motion to compel arbitration under the Federal Arbitration Act (FAA)...

Paul Peter Nicolai
Aug 22, 20232 min read


FTC and DOJ Propose Changes to US Merger Review Process
The Federal Trade Commission (FTC) and the Department of Justice– Antitrust Division (DOJ) have proposed sweeping changes to the...

Paul Peter Nicolai
Aug 15, 20234 min read


Pregnant Workers Fairness Act Protects For Pregnancy-Related Conditions
Effective at the end of June, the Pregnant Workers Fairness Act (PWFA) is a new law that closes a gap in coverage under federal law for...

Paul Peter Nicolai
Aug 8, 20234 min read


Supreme Court Adopts Heightened Undue Hardship Standard in Title VII Religious Accommodation
Employers must modify their practices when evaluating requests for religious accommodations under Title VII. Undue hardship is no longer...

Paul Peter Nicolai
Aug 1, 20234 min read


Lease Not Frustrated by Pandemic Shutdown
A trial court ruling favoring a commercial landlord was affirmed because shutdown orders issued during the COVID-19 pandemic did not give...

Paul Peter Nicolai
Jul 25, 20231 min read


Thoughts for Employers from the Supreme Court Affirmative Action Decision
The Supreme Court recently reversed the longstanding rule that race can be considered as a plus factor among many factors when making...

Paul Peter Nicolai
Jul 18, 20234 min read


FTC to Scrutinize Commercial Biometric Information Use
The Federal Trade Commission (FTC) has released a policy statement announcing an intention to combat unfair and deceptive acts related to...

Paul Peter Nicolai
Jul 11, 20233 min read


NLRB Opens Second Front on Non-Compete Agreements
The NLRB has initiated a new effort to address non-compete agreements. The NLRB General Counsel has issued a policy memo expressing its...

Paul Peter Nicolai
Jul 4, 20234 min read


FTC Proposed Non-Compete Rule Update
The FTC’s proposed rule would effectively ban worker non-compete provisions by deeming them an unfair method of competition under the FTC...

Paul Peter Nicolai
Jun 27, 20233 min read


Intellectual Property Due Diligence in M & A
In today’s digital world, companies are building and accumulating significant intellectual property portfolios, whether trademarks in...

Paul Peter Nicolai
Jun 21, 20233 min read
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