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Internet Privacy Litigation Creates Issues for Websites Using Third-Party Technology
Consumer privacy litigation based on websites is skyrocketing. This is due to two appellate court decisions involving whether a website’s...
Paul Peter Nicolai
Dec 12, 20235 min read


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


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


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


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


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


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 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


US Department of Labor Issues FMLA Interpretive Bulletin on Telework
The US Department of Labor (“DOL”) has issued a Field Assistance Bulletin (“FAB”) explaining how to apply the eligibility rules under the...
Paul Peter Nicolai
Jun 6, 20232 min read


Workplace Antitrust - Increased Enforcement
Congress passed antitrust laws to counter monopoly control and prevent companies from acting in concert to control prices. The laws...
Paul Peter Nicolai
May 23, 20232 min read


NLRB Imposes Restrictions on Severance Agreements
The National Labor Relations Board (NLRB) has ruled that employers violate the National Labor Relations Act (NLRA) when they present...
Paul Peter Nicolai
Apr 25, 20233 min read


CCPA Employment and B2B Exemptions Expired in January
The California legislature adjourned without extending the two business-friendly exemptions of the California Consumer Privacy Act...
Paul Peter Nicolai
Apr 11, 20231 min read


Protecting Trade Secrets
A company’s intellectual property (IP) is among its most valuable assets. Anything that helps give a company its competitive edge can be...
Paul Peter Nicolai
Mar 28, 20238 min read


Business Social Media Use Legal Tips
Businesses have various ways to use social media in their marketing efforts. Doing it, however, is more than just a matter of posting it...
Paul Peter Nicolai
Feb 28, 20235 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
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