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Data Breach Case Based on Industry Standards Fails
Data Breach Case Based on Industry Standards Fails
Paul Peter Nicolai
Mar 251 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 141 min read


Triple Damages Case Survives Due to Alleged Lies
Triple Damages Case Survives Due to Alleged Lies
Paul Peter Nicolai
Sep 24, 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


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


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


FTC Proposes New National Regulations for Automatic Renewals
Several states have recently passed new automatic renewal laws (ARLs) that regulate continuing or renewing contracts for goods and...
Paul Peter Nicolai
Nov 28, 20233 min read


Contract Choice of Law & Chapter 93A
A Chapter 93A count was dismissed based on the contract's choice of law clause. On appeal, this was reversed even though the contract...
Paul Peter Nicolai
Nov 23, 20231 min read


Landlord And Tenant – Email Notice For Option
A commercial tenant asked for a declaratory judgment that it had provided proper notice of its option not to renew its lease. The trial...
Paul Peter Nicolai
Aug 29, 20231 min read


Lease Not Frustrated by Pandemic Shutdown
A trial court ruling favoring a commercial landlord was affirmed because shutdown orders issued during the COVID-19 pandemic did not give...
Paul Peter Nicolai
Jul 25, 20231 min read


Commercial Lease Damages Denied
A tenant defaulted on a commercial lease two months after entering into a five-year lease. As is frequently the case in commercial...
Paul Peter Nicolai
Apr 4, 20231 min read


Right to Modify Employee Handbook Voids Arbitration
An employer who puts an arbitration agreement in an employee handbook cannot enforce it if it maintains the right to modify the handbook....
Paul Peter Nicolai
Mar 21, 20232 min read


Home Improvement Contractor Law Expanded
A contractor mismanaged funds paid by homeowners so that he needed more money to finish the project, failed to pay subcontractors, and...
Paul Peter Nicolai
Mar 14, 20231 min read


Pop-Up Arbitration Notice Fails
A plaintiff was injured when an Uber driver collided with another vehicle. Uber asked to compel arbitration. It was denied because the...
Paul Peter Nicolai
Feb 14, 20231 min read


The Growing World of Automatic Renewal Laws
With the proliferation of automatic renewal clauses in consumer contracts, new laws, generally called automatic renewal laws (ARL)...
Paul Peter Nicolai
Sep 13, 20225 min read


Contract Liquidated Damages Dumped
A plaintiff sued to enforce a contract that said that if the other side did business with any of its customers in five years, the...
Paul Peter Nicolai
May 24, 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 26, 20221 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 21, 20211 min read


The Empty Supply Chain
Supply chains are crumbling. Manufacturers struggle to catch up with demand as the global economy recovers from the pandemic impacts on...
Paul Peter Nicolai
Nov 16, 20213 min read
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