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Litigation Risks for Failing to Preserve Messaging Data
Litigation Risks for Failing to Preserve Messaging Data
Paul Peter Nicolai
Aug 13, 20244 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
Aug 6, 20241 min read


Copyright Infringement Remedies Expanded
Supreme Court expands copyright infringement remedies
Paul Peter Nicolai
Jul 30, 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 25, 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 11, 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
Jun 4, 20241 min read


Will Overrides Anti-Lapse Law
A will provision saying “if she survives me” lapsed in spite of anti-lapse law.
Paul Peter Nicolai
May 28, 20241 min read


FLSA Claims Costs Owners $550,000
A court gas approved a class action settlement awarding $550,000 for FLSA violations. The owners will be personally liable.
Paul Peter Nicolai
May 21, 20241 min read


Arbitrator’s Witness Credibility Findings Mean Possible Bias
A California appellate court vacated an arbitration award saying the arbitrator’s adverse credibility determinations were misconduct.
Paul Peter Nicolai
May 14, 20241 min read


Forfeiture For Competition Survives Delaware Challenge
The enforceability of non-compete provisions continues to be in the national spotlight. In a recent Delaware Supreme Court decision...
Paul Peter Nicolai
Apr 9, 20242 min read


Law Imposing Criminal Liability Against Employers Requiring Arbitration Agreements Struck Down
The Ninth Circuit found a California law that prohibited employers from requiring employees to sign an arbitration agreement as a...
Paul Peter Nicolai
Mar 19, 20241 min read


Selling Stockholder’s Non-Compete Invalidated
A Delaware court of Chancery invalidated a non-compete entered into as part of a business sale. The court held that the restrictive...
Paul Peter Nicolai
Mar 5, 20242 min read


Sleeper Berth Time Compensable
A U.S. District Court judge ruled in a suit involving long-haul truck drivers that sleeper berth time exceeding eight hours per day is...
Paul Peter Nicolai
Feb 27, 20241 min read


Indirect Evidence Reinstates Age Discrimination Case
The Massachusetts Supreme Court has reversed a summary judgment granted an employer on a claim of age discrimination asserted by a...
Paul Peter Nicolai
Feb 13, 20241 min read


Website Review Manipulation Is Deceptive
A claim was brought over a company’s practice of suppressing reviews on its website. The company asked for the case to be dismissed. The...
Paul Peter Nicolai
Jan 30, 20241 min read


Wholesaler Inside Sales Reps Entitled To Overtime
A wholesale plumbing and heating product supplier must pay its inside sales representatives overtime. The Court ruled that they did not...
Paul Peter Nicolai
Jan 23, 20241 min read


NLRB Weakens Secret-Ballot Elections
The National Labor Relations Board (NLRB or Board) has ended 52 years of Board law that had previously enshrined the secret ballot...
Paul Peter Nicolai
Jan 16, 20244 min read


Internal Compilation Of Labor Rates Is A Trade Secret
A company sued two former employees and asked that the Court forbid them from using its internal compilation of its labor rates. The...
Paul Peter Nicolai
Jan 9, 20241 min read


Work Generated by Artificial Intelligence Alone Is Not Eligible for Copyright Protection
As more businesses seek to use artificial intelligence (AI) to generate content, it is vital to understand the scope of copyright...
Paul Peter Nicolai
Jan 2, 20243 min read


Contract Choice of Law Does Not Defeat Chapter 93A Claim
A Chapter 93A count was dismissed from a contract lawsuit based on the contract's choice of law clause. That clause said New York law...
Paul Peter Nicolai
Dec 26, 20231 min read
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