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Paul Peter Nicolai
2 days ago1 min read
Attorney Fee-Shifting Provision Not Binding
An online fee-shifting provision referenced by a hyperlink in a contract was not enforced since the contract did not communicate that the...
Paul Peter Nicolai
Jan 71 min read
Benefit Accrual While On Paid Family Medical Leave Not Required
Benefit Accrual While On Paid Family Medical Leave Not Required
Paul Peter Nicolai
Dec 31, 20241 min read
Corporate charters cannot reference provisions from other agreements
Corporate charters cannot reference provisions from other agreements
Paul Peter Nicolai
Dec 17, 20241 min read
Lizzie Borden Loses
Lizzie Borden bed and Breakfast loses to coffee shop
Paul Peter Nicolai
Dec 3, 20241 min read
Supreme Court Says No Private Cause of Action for Pure Omissions
Supreme Court Says No Private Cause of Action for Pure Omissions
Paul Peter Nicolai
Nov 26, 20242 min read
Department of Labor's 80/20 and 30-Minute Rules for Tipped Workers Voided
Department of Labor's Rules for Tipped Workers Voided
Paul Peter Nicolai
Oct 29, 20241 min read
Protective Authorization Creates FCRA Liability in Employment
Protective Authorization Creates FCRA Liability in Employment
Paul Peter Nicolai
Oct 8, 20241 min read
CYBER-ATTACK LITIGATION DEVELOPMENT
CYBER-ATTACK LITIGATION DEVELOPMENT
Paul Peter Nicolai
Sep 24, 20241 min read
Triple Damages Case Survives Due to Alleged Lies
Triple Damages Case Survives Due to Alleged Lies
Paul Peter Nicolai
Sep 17, 20241 min read
Order Compelling Arbitration Requires Court to Stay Case
The Supreme Court has held that when a district court compels claims to arbitration and a party has requested a stay under the Federal...
Paul Peter Nicolai
Sep 10, 20241 min read
Trade Secret Case Lost – Secret Expired
Trade Secret Case Lost – Secret Expired
Paul Peter Nicolai
Sep 3, 20241 min read
Supervisors can Be Personally Liable
Supervisors can Be Personally Liable for Firing
Paul Peter Nicolai
Aug 20, 20241 min read
Owners Can Sue As Employees
A minority owner in a limited liability company can be an employee for bringing misclassification and Wage Act claims.
Paul Peter Nicolai
Aug 13, 20244 min read
Litigation Risks for Failing to Preserve Messaging Data
Litigation Risks for Failing to Preserve Messaging Data
Paul Peter Nicolai
Aug 6, 20241 min read
Who Decides Arbitrability When Contracts Conflict
The Supreme Court has ruled that when there are two conflicting agreements, a court must decide which contract governs arbitrability
Paul Peter Nicolai
Jul 30, 20241 min read
Copyright Infringement Remedies Expanded
Supreme Court expands copyright infringement remedies
Paul Peter Nicolai
Jun 25, 20241 min read
Commissions-Based Compensation Violated Overtime and Sunday Pay Laws
Commissions-Based Compensation Violated Overtime and Sunday Pay Laws
Paul Peter Nicolai
Jun 11, 20241 min read
Non-Contract Claims Allowed Despite Contract
A plaintiff sued for contract damages, unjust enrichment, and what is called a quasi-contract concerning services he provided to a...
Paul Peter Nicolai
Jun 4, 20241 min read
Land Sale Contract Overridden
A person sold a piece of land with a side agreement that said that, under certain circumstances, they could repurchase the property at a...
Paul Peter Nicolai
May 28, 20241 min read
Will Overrides Anti-Lapse Law
A will provision saying “if she survives me” lapsed in spite of anti-lapse law.
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