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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 23, 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 21, 20231 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 14, 20234 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
Nov 7, 20238 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 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
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