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OTC COVID Test Coverage Required of Health Plans
The Department of Labor, Department of Health and Human Services, and the IRS (the “Agencies”) have issued Frequently Asked Questions #51...
Paul Peter Nicolai
Jan 25, 20221 min read


Avoiding Settlement Tax Errors
Here are some common tax fallacies involving settlements and why they are wrong. Putting the money in a lawyer-client trust account...
Paul Peter Nicolai
Jan 18, 20226 min read


Limiting Non-Competes
We have reported that states are restricting the operation of non-compete and other restrictive post-employment covenants. The latest...
Paul Peter Nicolai
Jan 4, 20222 min read


OSHA Emergency Temporary Standard On COVID-19 Vaccination or Testing for Larger Employers
NOTE: The United States Court of Appeals for the Fifth Circuit granted an emergency motion to stay enforcement of this Standard, finding...
Paul Peter Nicolai
Nov 30, 202111 min read


Antitrust in Labor Markets
The Department of Justice Antitrust Division (DOJ) filed its first major no-poach case in 2010, against a group of Silicon Valley...
Paul Peter Nicolai
Nov 9, 20213 min read


Delaware Supreme Court Adopts New Test for Establishing Demand Futility. Directors Get Protected
Delaware’s Supreme Court has adopted a new three-part universal test to decide a whether pre-suit demand upon a company’s board should be...
Paul Peter Nicolai
Nov 2, 20214 min read


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...
Paul Peter Nicolai
Oct 26, 20215 min read


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 19, 20215 min read


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 12, 20212 min read


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 24, 20213 min read


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 10, 20212 min read


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 27, 20214 min read


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 20, 20213 min read


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 29, 20215 min read


China Copyright Law Amended & Broadened
The first substantial amendments to China’s Copyright Law in 20 years come into effect on June 1, 2021. They focus on enhancing...
Paul Peter Nicolai
Jun 1, 20213 min read


Changes to Commercial Lease Rent Relief
The Bankruptcy Code does not generally allow debtors to individually modify the terms of property leases. The Consolidated Appropriations...
Paul Peter Nicolai
Apr 13, 20213 min read


Here Comes The Federal Corporate Transparency Act
The 2021 National Defense Authorization Act (the NDAA) was enacted on January 1, 2021. Part of it imposes new beneficial ownership...
Paul Peter Nicolai
Apr 6, 20218 min read


The Federal No Surprises Act
On 28 December 2020, the Federal No Surprises Act (Act) was enacted. It protects patients from surprise medical bills in certain...
Paul Peter Nicolai
Mar 23, 20215 min read


What Creditors Need to Know About the New Federal Debt Collection Rule
The Consumer Financial Protection Bureau (“CFPB”) has finalized two parts of its debt collection rule under the Fair Debt Collection...
Paul Peter Nicolai
Feb 23, 20214 min read


COVID-19 Compulsory Patent Licensing Law
A patent gives the owner the legal right to sue other parties for making, using, selling, or importing the patented matter. Compulsory...
Paul Peter Nicolai
Feb 9, 20216 min read
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