Paul Peter Nicolai
Partial Arbitration Award Dangers
There are good reasons for dividing some arbitrations. There are dangers, however. Courts have provided varying results when there is more t
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Paul Peter Nicolai
Sep 8, 20204 min read
Brazil Passes National Privacy Law
Joining a global trend, Brazil has enacted an omnibus law governing the use of personal data, the LGPD.
Paul Peter Nicolai
Aug 18, 20203 min read
Uncertainty Over Defendant’s Profits in Trademark Cases Remains
The federal trademark law was passed in 1946. Through the 1980s an order telling and infringer to stop was the preferred way to end trademar
Paul Peter Nicolai
Jul 14, 20204 min read
LLC Manager Liability
Limited liability companies are the most popular entity structure for new businesses. As a result , the law applicable to limited...
Paul Peter Nicolai
Jun 30, 20203 min read
Controlling Board & Officer Cybersecurity Liability
High-profile breaches have affected millions of customers and employees. They have created major losses to businesses through direct...
Paul Peter Nicolai
Jun 16, 20204 min read
Workforce Coronavirus Relief
The federal Families First Coronavirus Response Act of 2020 ("Families First Act") is the second in a series of legislation to deal with...
Paul Peter Nicolai
Apr 21, 20203 min read
Making M&A Earnouts That Work
Parties use earnouts to overcome differences of opinion on value. The wrong clause can mean lawsuits later.
Paul Peter Nicolai
Apr 16, 20204 min read
PPP FORGIVENESS HOOPS
Millions of companies have submitted for PPP. Now it;s time to think about manximizing foregiveness.
Paul Peter Nicolai
Mar 12, 20206 min read
Private Software Licenses vs. Government Software Licenses
Government procurement regulations automatically insert clauses into software licenses which are surprisingly different than private deals.
Paul Peter Nicolai
Mar 3, 20209 min read
The State of Cannabis Banking
Finding banking services for marijuana related businesses remains tough and is only changing slowly. Legalizing hemp may have helped that.
Paul Peter Nicolai
Feb 25, 20202 min read
Another Tool To Recover Excessive Executive Compensation
In certain jurisdictions, creditors may be able to call excessive compensation paid to manager-shareholders as unlawful dividends
Paul Peter Nicolai
Feb 18, 20202 min read
New Alternative for Cheaper Small Business Bankruptcy
Chapter 11's high cost and complexity make it too difficult for small businesses to successfully reorganize. Congress has passed...
Paul Peter Nicolai
Nov 26, 20193 min read
NLRB Issues Guidance on Handbook Rules
The NLRB General Counsel has issued a Guidance Memorandum laying out how NLRB Regional Offices receiving claims of improper employment...
Paul Peter Nicolai
Nov 16, 20194 min read
The Law of Wage Advances
There is a new type of payment product that gives workers immediate access to wages even if their next payday isn’t scheduled for a week...
Paul Peter Nicolai
Nov 6, 20196 min read
Paid Time Off Is Changing
US protected family and medical leave has centered on three types of personal life changes: leave for new parents, leave for those caring...
Paul Peter Nicolai
Oct 22, 20195 min read
Developments for Gig Economy Workers
Under US law persons doing work are either independent contractors or employees. If they do not meet the test to be an independent...
Paul Peter Nicolai
Oct 7, 20199 min read
Binding Employment Policies & Agreements in the Digital Age
Going electronic with employment policies and agreements requires more than just going electronic to make them binding.
Paul Peter Nicolai
May 2, 20196 min read
M&A Earnout Thoughts
Earn-out arrangements are often crucial in bridging price expectations between buyer and seller and getting a deal to closing....
Paul Peter Nicolai
Feb 1, 20197 min read
Personal Liability for LLC Actions
Like a corporation, a limited liability company (LLC) is liable for its obligations to others. No other person, as owner or agent, is...
Paul Peter Nicolai
Jan 7, 20196 min read
Changing LLC Dissolution Landscape
The law on the creation, operation and duration of limited liability companies (LLC) has been changing over the years. Originally, LLCs...
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