Paul Peter Nicolai
Sidestepping IRS Penalties
Taxpayers practically always claim penalties are not warranted. What actually works? One of the biggest tools is the defense that a tax...
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Paul Peter Nicolai
- Oct 19, 2021
- 5 min
Infrastructure Data In Contracts
New deployments of smart devices and smart services are happening rapidly. Almost all new infrastructure should be informed by new...
Paul Peter Nicolai
- Oct 12, 2021
- 2 min
Companies May Select Forum Through Charter Provision
Before filing registration statements with the SEC, a group of companies designated the federal courts as the exclusive place to resolve...
Paul Peter Nicolai
- Oct 5, 2021
- 1 min
Massachusetts Non-Compete Voided
A Company sued a former employee for violation of a non-compete the employee signed. Because the agreement did not expressly state that...
Paul Peter Nicolai
- Sep 21, 2021
- 1 min
Non-Registered Broker Dealer Means No Contract
An investment banking firm which assists companies in selling their businesses sued to enforce a commission agreement from the sale of a...
Paul Peter Nicolai
- Sep 14, 2021
- 1 min
Town Can’t Stop Shift To Retail Pot Sales
A town cannot stop a medical marijuana dispensary from converting to retail marijuana sales. In 2016 an applicant had received...
Paul Peter Nicolai
- Sep 7, 2021
- 1 min
Wetlands Enforcement Reinstates
The Massachusetts Supreme Court has ruled that an enforcement action under the Wetlands Protection Act can be brought decades after the...
Paul Peter Nicolai
- Aug 31, 2021
- 1 min
Court Rejects Fair Use Argument
After a defendant won summary judgment in a copyright infringement case on the argument that it's use of the original material was a fair...
Paul Peter Nicolai
- Aug 24, 2021
- 3 min
Why Preserve Surveillance Video?
In premises liability cases, the proliferation of surveillance cameras in commercial settings means a corresponding focus on the duty to...
Paul Peter Nicolai
- Aug 17, 2021
- 3 min
Data Revealed on Open Zoom Meeting Is Secret No More
A business that does not take reasonable steps to protect its confidential information while using Zoom cannot receive trade secret...
Paul Peter Nicolai
- Aug 10, 2021
- 2 min
Email Privilege
Does putting a lawyer on a cc line instead of the to line affect the likelihood that the email qualifies for attorney-client-privilege...
Paul Peter Nicolai
- Aug 3, 2021
- 2 min
Triple Damages Against Employees
The Massachusetts Supreme Judicial Court (“SJC”) recently made clear that Chapter 93A applies to employees who misappropriate their...
Paul Peter Nicolai
- Jul 27, 2021
- 4 min
China's New Data Security Law
China approved a Data Security Law (DSL) which will take effect on September 1, 2021. DSL, together with two other laws known as the PRC...
Paul Peter Nicolai
- Jul 20, 2021
- 3 min
Buy-Sell and Valuation Provisions in LLCs
Most LLC operating agreements have provisions on transfers of interests by members. Without specific provisions in an operating...
Paul Peter Nicolai
- Jul 13, 2021
- 3 min
No Concrete Harm, No Standing
The U.S. Supreme Court decided that plaintiffs seeking to pursue a Fair Credit Reporting Act (FCRA) class litigation must establish...
Paul Peter Nicolai
- Jul 6, 2021
- 1 min
Letter to Editor Is Protected
The NLRB decided an employer violated the NLRA by firing an employee for a letter she wrote to the editor of a local newspaper. A second...
Paul Peter Nicolai
- Jun 29, 2021
- 5 min
You Signed an NDA. Now What?
NDAs allow parties to cooperate using information owners would be unwilling to share absent the protections they afford. The basic...
Paul Peter Nicolai
- Jun 22, 2021
- 2 min
Supreme Court Cuts Back Computer Fraud and Abuse Act
Back in 1986 Congress passed the Computer Fraud and Abuse Act (CFAA). CFAA imposes criminal or civil liability on any person who...
Paul Peter Nicolai
- Jun 15, 2021
- 1 min
SUING TO VOID AN ARBITRATION AWARD GETS EXPENSIVE
Back about 10 years ago, the US Supreme Court limited the grounds for voiding arbitration awards under federal law. Before that, courts...
Paul Peter Nicolai
- Jun 8, 2021
- 3 min
FTC Loses Teeth
The Federal Trade Commission (FTC) has for years sued in federal court to obtain restitution of losses or disgorgement of profits from...
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