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Paul Peter Nicolai
Apr 26, 20221 min read
Terminating Agreement Snuffed Breach of Contract Claim
Delaware courts have decided that the plaintiff extinguished its breach of contract claims when it elected to terminate a merger...
Paul Peter Nicolai
Apr 12, 20222 min read
New Data Regulation
The regulation of data collection and its use marches on. Recent examples include: Illinois Illinois has a new law that took effect on...
Paul Peter Nicolai
Mar 8, 20221 min read
MA SUPREME COURT SAYS FIRING OVER PERSONNEL FILE REBUTTAL IS UNLAWFUL
An at-will employee fired when he filed a rebuttal letter for inclusion in his personnel file after being placed on a performance...
Paul Peter Nicolai
Mar 1, 20221 min read
SECURITIES CLASS ACTION REVIVED
Carbonite launched a data backup product in October 2018. It withdrew the product from the market in July 2019 after it could not remedy...
Paul Peter Nicolai
Feb 22, 20221 min read
Pennsylvania Supreme Court Rejects Business Registration as Consent to Personal Jurisdiction
The Pennsylvania Supreme Court struck down Pennsylvania’s consent-by-registration law. That law said that an out-of-state business...
Paul Peter Nicolai
Feb 15, 20221 min read
Three-year Reservation of Lots May be a Taking
A developer was required to reserve five building lots for potential municipal use for three years as a permit condition. A federal judge...
Paul Peter Nicolai
Dec 28, 20211 min read
MASS ADOPTS FLSA JOINT EMPLOYER TEST
The Massachusetts Supreme Court has decided that a company that entered into a subcontract for regional direct sales services for its...
Paul Peter Nicolai
Dec 21, 20211 min read
MUDDY CONTRACT MEANS YEARS IN COURT
Two parties entered into a contract that had an arbitration clause. About 10 years later they entered into a second contract which did...
Paul Peter Nicolai
Dec 7, 20214 min read
VACCINATION MANDATE PLANNING
Employers continue to grapple with state and federal legislation on COVID-19 vaccinations. The U.S. Court of Appeals for the First...
Paul Peter Nicolai
Nov 23, 20211 min read
EXTORTION AS RETALIATION
After getting a judgment against its former employee, the employer seized his minivan. Rather than sell it to satisfy the judgment, the...
Paul Peter Nicolai
Oct 5, 20211 min read
Massachusetts Non-Compete Voided
A Company sued a former employee for violation of a non-compete the employee signed. Because the agreement did not expressly state that...
Paul Peter Nicolai
Sep 21, 20211 min read
Non-Registered Broker Dealer Means No Contract
An investment banking firm which assists companies in selling their businesses sued to enforce a commission agreement from the sale of a...
Paul Peter Nicolai
Sep 14, 20211 min read
Town Can’t Stop Shift To Retail Pot Sales
A town cannot stop a medical marijuana dispensary from converting to retail marijuana sales. In 2016 an applicant had received...
Paul Peter Nicolai
Sep 7, 20211 min read
Wetlands Enforcement Reinstates
The Massachusetts Supreme Court has ruled that an enforcement action under the Wetlands Protection Act can be brought decades after the...
Paul Peter Nicolai
Aug 31, 20211 min read
Court Rejects Fair Use Argument
After a defendant won summary judgment in a copyright infringement case on the argument that it's use of the original material was a fair...
Paul Peter Nicolai
Aug 17, 20213 min read
Data Revealed on Open Zoom Meeting Is Secret No More
A business that does not take reasonable steps to protect its confidential information while using Zoom cannot receive trade secret...
Paul Peter Nicolai
Aug 3, 20212 min read
Triple Damages Against Employees
The Massachusetts Supreme Judicial Court (“SJC”) recently made clear that Chapter 93A applies to employees who misappropriate their...
Paul Peter Nicolai
Jul 13, 20213 min read
No Concrete Harm, No Standing
The U.S. Supreme Court decided that plaintiffs seeking to pursue a Fair Credit Reporting Act (FCRA) class litigation must establish...
Paul Peter Nicolai
Jul 6, 20211 min read
Letter to Editor Is Protected
The NLRB decided an employer violated the NLRA by firing an employee for a letter she wrote to the editor of a local newspaper. A second...
Paul Peter Nicolai
Jun 22, 20212 min read
Supreme Court Cuts Back Computer Fraud and Abuse Act
Back in 1986 Congress passed the Computer Fraud and Abuse Act (CFAA). CFAA imposes criminal or civil liability on any person who...
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