Paul Peter Nicolai
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...
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Paul Peter Nicolai
Aug 15, 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 8, 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
Jul 18, 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
Jun 27, 20233 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 21, 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 6, 20232 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
May 23, 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
Apr 25, 20233 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 11, 20231 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
Mar 28, 20238 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
Feb 28, 20235 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
Jan 31, 20233 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 24, 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
Dec 27, 20223 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 20, 20229 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
Nov 22, 20225 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 1, 20224 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
Oct 25, 202211 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
Sep 13, 20225 min read
The Growing World of Automatic Renewal Laws
With the proliferation of automatic renewal clauses in consumer contracts, new laws, generally called automatic renewal laws (ARL)...
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