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Corporate Veil Protected
Homeowners sued a corporation and its owner over a remodeling project gone bad. The homeowners said the company owner should be liable...

Paul Peter Nicolai
Feb 14, 20231 min read


CGL policy doesn’t cover 93A attorneys’ fees
The plaintiffs in the underlying case hired a company to clean up a sewage spill, after which the wife experienced ongoing respiratory...

Paul Peter Nicolai
Feb 7, 20231 min read


Reasonable Security Measures: The Next Focus in Data Breach Litigation
For years, the big issue in data breach lawsuits focused on standing. However, the California Consumer Privacy Act’s (CCPA’s) private...

Paul Peter Nicolai
Jan 31, 20233 min read


Mandatory Arbitration Nixed For Cases Involving Sexual Assault or Sexual Harassment
In March 2022, Congress passed a law that precludes employers from requiring employees to arbitrate disputes related to sexual assault or...

Paul Peter Nicolai
Jan 24, 20233 min read


Workplace Drug Policies and State Marijuana Laws
Over the last two decades, over two-thirds of the states have passed laws authorizing the use of marijuana for medical purposes by...

Paul Peter Nicolai
Jan 17, 20232 min read


Printing While Traveling Means No Privilege
A plaintiff withheld an email saying the attorney-client privilege protected it. The plaintiff’s CEO received the email from the...

Paul Peter Nicolai
Jan 10, 20231 min read


Embarrassing Emails Go Public
A court of appeals affirmed the district court’s ruling by concluding that emails were judicial records to which the common law right of...

Paul Peter Nicolai
Jan 3, 20231 min read


Corporate Exclusive Forum Provisions
Many public and private companies have recently adopted exclusive forum provisions in their charter or bylaws. They can benefit a company...

Paul Peter Nicolai
Dec 27, 20223 min read


Criminal Acts & Condo Liability
A complaint was filed against a condominium association over the murder of a couple in their penthouse. The court ordered the negligence...

Paul Peter Nicolai
Dec 20, 20221 min read


Cryptocurrency Enforcement Has Arrived
The rise of cryptocurrencies and digital assets has given rise to a crucial question: which federal regulator - the SEC or the CFTC -...

Paul Peter Nicolai
Dec 20, 20229 min read


The Superfund Tax Is Here
Beginning July 1, 2022, a federal excise tax, the Superfund Tax, went into effect. It is imposed on any taxable chemical sold or used by...

Paul Peter Nicolai
Dec 13, 20222 min read


Forced Waiver of Claims Kills Arbitration Clause
An arbitration agreement that requires parties to waive federal statutory claims is unenforceable. According to the U.S. Court of Appeals...

Paul Peter Nicolai
Dec 6, 20222 min read


Accessing Website May Be Agreement to Arbitrate
According to one federal appellate court, just visiting a website may be consent to a binding arbitration agreement. A retailer contended...

Paul Peter Nicolai
Nov 29, 20222 min read


Ransomware Claim Subrogation
Ransomeware cases are on the rise, and so are insurance claims. Some insurers are responding to cyber claims by trying to minimize losses...

Paul Peter Nicolai
Nov 22, 20225 min read


Employer’s Secret Computer Search Is Unlawful Retaliation
A federal court of appeals has held that a forensic search of an employee’s work computer could constitute unlawful retaliation for an...

Paul Peter Nicolai
Nov 15, 20222 min read


Labor Antitrust Developments
Antitrust in labor markets is a hot topic for government, business, and labor. The antitrust enforcement agencies, consistent with...

Paul Peter Nicolai
Nov 8, 20221 min read


Buying Technology Companies
There are vital technology-specific issues to consider when acquiring a technology company. Does the Company Have Adequate IP Rights?...

Paul Peter Nicolai
Nov 1, 20225 min read


Garden Leave and Non-Compete Reform
In 2018, Massachusetts became the first state to provide for garden leave payments – payments to employees forced to sit out employment...

Paul Peter Nicolai
Oct 25, 202212 min read


State Panel Can Strike ‘Uneconomic’ Zoning Conditions
The Massachusetts Supreme Court upheld a decision by the Housing Appeals Committee rejecting conditions the Milton zoning board put on an...

Paul Peter Nicolai
Oct 18, 20221 min read


Black Lives Matter Case Lost
Employees disciplined for wearing face masks bearing the phrase “Black Lives Matter” had their claims dismissed. The appeals court...

Paul Peter Nicolai
Oct 11, 20221 min read
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