Author Info for Warner Norcross + Judd

Thomas Amon

This is Not a Tax Bill … Yet

If you own property in Michigan, then you just received (or will soon receive) a Notice of Assessment, Taxable Valuation and Property Classification from your local city or township. The phrase “THIS IS NOT A TAX BILL” is…more

Cash Value, Property Owners, Property Tax, Tax Appeals, Tax Assessment

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Loren Andrulis

Federal Court Found Corporate Transparency Act Unconstitutional. What Does this Mean for Entities Preparing to Comply?

On March 1, 2024, the U.S. District Court for the Northern District of Alabama held that the Corporate Transparency Act is unconstitutional. Specifically, the court found that enactment of the CTA could not be justified as an…more

Article I, Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, FinCEN

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Charles Ash Jr.

[Webinar] Family Business Succession – The Good, the Bad and the Lessons Learned - May 23rd, 12:00 pm - 1:00 pm ET

Join Warner Norcross + Judd LLP attorneys Charles Ash, Matt Johnson and Laura Morris for a webinar discussion on family business succession and the challenges and opportunities to a successful transition. In this webinar, we…more

Business Succession, Business Valuations, Buyouts, Change of Ownership, Divorce

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Michael Azzi

EPA Releases National Primary Drinking Water Regulations for Six PFAS

Last week the EPA released a final National Primary Drinking Water Regulation establishing Maximum Contaminant Levels, or “MCLs,” for six PFAS. National Primary Drinking Water Regulations, or “NPDWR,” are legally enforceable…more

Contamination, Drinking Water, Environmental Protection Agency (EPA), New Regulations, PFAS

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Paul Beach

EPA Releases National Primary Drinking Water Regulations for Six PFAS

Last week the EPA released a final National Primary Drinking Water Regulation establishing Maximum Contaminant Levels, or “MCLs,” for six PFAS. National Primary Drinking Water Regulations, or “NPDWR,” are legally enforceable…more

Contamination, Drinking Water, Environmental Protection Agency (EPA), New Regulations, PFAS

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Jared Belka

New Brownfield Redevelopment Law Amendments in Michigan

On July 18, 2023, Governor Gretchen Whitmer signed a series of bills that will dramatically update the state’s brownfield redevelopment laws to allow the use of tax increment financing for housing projects on brownfield sites…more

Affordable Housing, Brownfield Properties, Capital Investments, Governor Whitmer, Property Tax

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Andrea Bernard

Michigan Attorney General Supports FTC’s Proposed Ban on Noncompete Agreements

On January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking to prohibit noncompete agreements nationwide. On April 19, 2023, Michigan Attorney General Dana Nessel joined attorney generals from…more

Federal Trade Commission (FTC), Franchisee, Non-Compete Agreements, Proposed Rules, State Attorneys General

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Mary Bonnema

Identifying the Source of Goods and Services Is No Laughing Matter

On June 8, 2023, the United States Supreme Court clarified an important unanswered question about the line between the First Amendment’s freedom of speech and trademark owners’ rights under the Lanham Act. In a unanimous, 9-0…more

First Amendment, Free Speech, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act

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Katherine Boothroyd

Sixth Circuit Limits Scope of Anti-Kickback Statute and False Claims Act

On March 28, 2023, the U.S. Court of Appeals for the Sixth Circuit affirmed the dismissal of a qui tam action brought under the False Claims Act based on an illegal kickback under the Anti-Kickback Statute. This decision not…more

Anti-Kickback Statute, Appellate Courts, False Claims Act (FCA), Fraud, Qui Tam

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Daniel Borst

Before You Say “I Do,” Do Some Marital Planning

Marriage has existed since the start of modern history and facilitates our most basic need to love and be loved. It is not surprising then that some of life’s biggest and hardest decisions involve marriage—should I marry and…more

Beneficiary Designations, Estate Planning, Marriage, Prenuptial Agreements, Spouses

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Michael Bovill

How the MBTFA Protects Subcontractors, Suppliers and Owners

The Michigan Builders Trust Fund Act (MBTFA), MCL 570.151 et seq. was signed into law in the early years of the Great Depression to protect people from fraud and misappropriation of funds in the construction industry. During the…more

Construction Industry, Construction Project, Criminal Liability, Fraud, Misappropriation

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Michael Brady

Federal Appeals Court Offers Additional Clarity on Requirements Contract Laws

We previously previewed the issues presented in Higuchi Int’l Corp. v. Autoliv ASP, Inc., an appeal with potentially far-reaching implications for suppliers, in our March 22 and May 21 blog posts. Yesterday, the U.S. Court of…more

Appellate Courts, Buyers, Contract Terms, Preliminary Injunctions, Purchasers

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Kurt Brauer

[Virtual Roundtable] EV Charging Stations at Your Company: Key Opportunities and Considerations - November 29th, 12:00 pm - 1:00 pm ET

Join us for a virtual roundtable featuring Warner Norcross + Judd LLP attorneys Tom Manganello, Mike Stone, Kurt Brauer, Andrew Reside and Chris Predko as they discuss electric vehicle (EV) charging stations at company…more

Bodily Injury, Charging Stations, Defense Production Act, Electric Vehicles, Federal Grants

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Daniel Brookins

No Good Deed Goes Unpunished: Uptick in FLSA Litigation Over Attendance Bonuses

In the wake of the pandemic, some employers — opting for the carrot over the stick — have started offering weekly attendance bonuses to incentivize a return to the office. We have recently seen an uptick in employee-filed…more

Attendance, Bonuses, Collective Actions, Corporate Counsel, Fair Labor Standards Act (FLSA)

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Adam Bruski

Supreme Court Removes Some Defenses to False Claims Act Liability for Government Contractors and Health Care Providers

Government contractors, health care providers and many other parties who submit claims for payment to the federal government are subject to liability under the False Claims Act (FCA). This month, the U.S. Supreme Court issued a…more

Anti-Kickback Statute, Drug Pricing, False Claims Act (FCA), Healthcare, Medicare

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Jason Byrne

Do You Have Choice of Counsel in Insurance Litigation?

Do you know which attorneys will represent your interests if your insurance provider has to defend you in litigation? You might be surprised. As a general rule, liability insurance policies – such as those held by family…more

D&O Insurance, Duty to Defend, Employment Practices Liability Insurance (EPLI), Insurance Industry, Insurance Litigation

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Emily Cantor

HHS Recommends DEA Reschedule Marijuana from Schedule I to Schedule III – Now What?

A year ago today on October 6, 2022, President Joe Biden asked the U.S. Secretary of Health and Human Services (HHS) and the U.S. Attorney General to initiate an administrative process to review how marijuana is scheduled under…more

Administrative Procedure Act, Controlled Substances Act, DEA, Department of Health and Human Services (HHS), Food and Drug Administration (FDA)

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Scott Carvo

[Webinar] How to Utilize eDiscovery Tools to Gain Efficiencies in Due Diligence - June 27th, 12:00 pm - 1:00 pm ET

Join Warner Norcross + Judd LLP partners Emily Cantor, Scott Carvo, Matt Johnson and Madelaine Lane for a webinar addressing how to gain efficiencies and appropriately utilize outside counsel during document-intensive business…more

Acquisitions, Data Collection, Discovery, Due Diligence, e-Discovery Professionals

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Ashley Chrysler

New Laws Streamline Permitting for Michigan Renewable Energy Projects

On November 28, 2023, Governor Gretchen Whitmer signed into law Michigan’s House Bill 5120 and House Bill 5121, which amend the Clean and Renewable Energy and Energy Waste Reduction Act and Zoning Enabling Act, respectively, to…more

Energy Projects, Governor Whitmer, Local Ordinance, Public Service Commissions, Renewable Energy

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Haley Clough

Estate Planning for Millennials and Gen Zers

Quick quiz – What do Michael Jackson, Prince, Heath Ledger, Amy Winehouse, Chadwick Boseman and Avicii have in common? Yes, they are all famous people who died unexpectedly at a fairly young age, but they have something else in…more

Beneficiaries, Beneficiary Designations, Estate Planning, Power of Attorney, Trusts

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Sean Cook

Tax Changes Coming in 2025 Affecting Farmers and Agribusiness Clients

The Tax Cuts and Jobs Act provisions are set to sunset at the end of calendar year 2025. With this sunset on the horizon, those involved in the farming and agribusiness industries may want to take note and adjust their business…more

Agribusiness, Closely Held Businesses, Estate Tax, Farmers, Gift Tax

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Susan Cook

M&A Strategy Update: Union Contracts and Section 363 Sales

In the right situations, the United States Bankruptcy Code provides powerful tools for acquiring distressed companies and realizing economic value, including synergies from vertically integrating suppliers or customers, or…more

Bankruptcy Code, Bankruptcy Court, Buyers, Collective Bargaining Agreements (CBA), Debtors

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Brandon Cross

Attention Auto Suppliers: Don’t Leave Money on the Table Through Unused Retirement Forfeitures and Unallocated Accounts

We understand that running an automotive supplier business involves more than just industry-specific issues. That's why we regularly provide important insights and tips on broader legal trends to help you navigate challenges…more

401k, Defined Contribution Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA), Forfeiture

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Matthew Crowe

Do You Have an Old LLC?

Michigan first permitted LLCs to be formed under its laws on June 1, 1993. Under federal tax regulations called the "Kitner Regulations," which were in effect at that time, it was common to use a finite term for an LLC to help…more

Federal Taxes, Future Tax Treatment, Limited Liability Company (LLC)

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Katelyn "Katie" Crysler

Ahead of the Curve Auto Supplier - Time to Go to Court? Part II

When negotiating supply contracts, the logistics of possible future litigation may not be top of mind. No one wants to talk about the details of their divorce while they are still in the honeymoon stage. And while the topic of…more

Contract Terms, Dispute Resolution, Forum Selection, Suppliers, Supply Contracts

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Corinne Sprague Curtis

The CTA Reporting Deadline is Fast Approaching with No Judicial Relief in Sight

Under the Corporate Transparency Act (CTA), the deadline for “reporting companies” to file their initial beneficial ownership information (BOI) report with FinCEN is just over three months away. Since time seems to fly by much…more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, FinCEN, Foreign Corporations

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Kelsey Dame

Proposed Title IX Regulation Addresses Transgender Student Eligibility for Athletic Teams

The Department of Education intends to amend its Title IX regulations, clarifying what sex-based criteria schools can use to establish eligibility for athletic teams. In mid-April, the Department published a notice of proposed…more

Department of Education, Educational Institutions, School Sports, Sexual Orientation Discrimination, Students

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Scott DeWeerd

Silent Trusts Have Come to Michigan

Recently, Michigan added a new section to the trust code, making it possible for trust settlors to create “quiet” or “silent” trusts in Michigan. As the name implies, in a silent trust arrangement, a trustee is not required to…more

Beneficiaries, Estate Planning, Trustees, Trusts, Uniform Trust Code

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Daniel DeWitt

EPA Proposes Two New Rules Regulating PFAS

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) proposed two new rules to implement the agency’s ongoing efforts to regulate PFAS. Both proposed rules relate to regulations under the Resource Conservation…more

CERCLA, Environmental Protection Agency (EPA), Groundwater, PFAS, Proposed Rules

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Dennis Donohue

EPA Releases National Primary Drinking Water Regulations for Six PFAS

Last week the EPA released a final National Primary Drinking Water Regulation establishing Maximum Contaminant Levels, or “MCLs,” for six PFAS. National Primary Drinking Water Regulations, or “NPDWR,” are legally enforceable…more

Contamination, Drinking Water, Environmental Protection Agency (EPA), New Regulations, PFAS

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Daniel Ettinger

New Laws Streamline Permitting for Michigan Renewable Energy Projects

On November 28, 2023, Governor Gretchen Whitmer signed into law Michigan’s House Bill 5120 and House Bill 5121, which amend the Clean and Renewable Energy and Energy Waste Reduction Act and Zoning Enabling Act, respectively, to…more

Energy Projects, Governor Whitmer, Local Ordinance, Public Service Commissions, Renewable Energy

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Amanda Fielder

Supreme Court Expands Scope of Personal Jurisdiction Over Corporations

Last week, the Supreme Court expanded the scope of personal jurisdiction over corporations in Mallory v. Norfolk Southern Railway Co. In this fragmented 5-4 decision, the Supreme Court held that corporations are subject to…more

Constitutional Challenges, Due Process, Foreign Corporations, General Jurisdiction, General-Business

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Gaëtan Gerville-Réache

Supreme Court Affirms Its Rule-making Power: COVID-19 Deadline Extensions Upheld

In a 5-2 opinion released July 29, 2024, the Michigan Supreme Court upheld its own authority to extend litigation filing deadlines during the COVID-19 pandemic. The plaintiff in Carter v. DTN Management Company, Karen Carter,…more

Coronavirus/COVID-19, Filing Deadlines, MI Supreme Court, State Courts, Statute of Limitations

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Homayune Ghaussi

Managing the Impact of the CrowdStrike Outage

The business world woke up Friday to yet another emergency. A CrowdStrike outage has caused computer shutdowns across the globe affecting businesses in every sector. More likely than not, your business is being affected by this…more

Business Disruption, Commercial Insurance Policies, Computer Servers, Force Majeure Clause, Information Technology

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Rozanne Giunta

M&A Strategy Update: Union Contracts and Section 363 Sales

In the right situations, the United States Bankruptcy Code provides powerful tools for acquiring distressed companies and realizing economic value, including synergies from vertically integrating suppliers or customers, or…more

Bankruptcy Code, Bankruptcy Court, Buyers, Collective Bargaining Agreements (CBA), Debtors

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Stephanie Grant

[Webinar] ACA Reporting Requirements and Strategies - December 13th, 12:00 pm - 1:30 pm ET

Gear up for another year of ACA reporting! Dive into a comprehensive 90-minute webinar led by Warner Norcross + Judd LLP attorney Stephanie Grant. Gain invaluable insights about the ACA reporting essentials, what codes to use…more

Affordable Care Act, Form 1094, Form 1095, IRS, Reporting Requirements

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Mark Harder

12 Steps for Avoiding Identity Theft After the Death of a Loved One

Recently, I attended the 2024 Summer Meeting for the American College of Trust and Estate Counsel (ACTEC) in Toronto. While there I presented to ACTEC’s Digital Property Committee on ghost hacking. Ghost hacking is when a…more

Credit Bureaus, Death Certificates, Deceased, Driver's Licenses, Estate Planning

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Danelle Harrington

Tax Changes Coming in 2025 Affecting Farmers and Agribusiness Clients

The Tax Cuts and Jobs Act provisions are set to sunset at the end of calendar year 2025. With this sunset on the horizon, those involved in the farming and agribusiness industries may want to take note and adjust their business…more

Agribusiness, Closely Held Businesses, Estate Tax, Farmers, Gift Tax

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DeAndre' Harris

MIOSHA to Start Seeking Additional Workplace Injury and Illness Data from Employers in High-Hazard Industries

Earlier this week, the Michigan Occupational Safety and Health Administration (MIOSHA) amended its existing administrative standard concerning covered employers’ recording and reporting of occupational injuries and illnesses…more

Occupational Injury, OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Hazards

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Alexandra Haywood

Complying With 2023 Consumer Privacy Laws in California and Virginia

Service providers, contractors and data collectors operating in California and Virginia, must prepare for imminent changes. The California Privacy Rights Act (CPRA), which amends the current California Consumer Privacy Act…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Privacy, Data Protection

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Philip "Phil" Haywood

The Corporate Transparency Act Becomes Effective January 1, 2024: Here’s How You Can Prepare

Beginning January 1, 2024, the Corporate Transparency Act (CTA) will require a substantial number of closely held entities to disclose certain information to the U.S. Treasury Department’s Financial Crimes Enforcement Network…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Foreign Corporations

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Linda Paullin-Hebden

M&A Strategy Update: Union Contracts and Section 363 Sales

In the right situations, the United States Bankruptcy Code provides powerful tools for acquiring distressed companies and realizing economic value, including synergies from vertically integrating suppliers or customers, or…more

Bankruptcy Code, Bankruptcy Court, Buyers, Collective Bargaining Agreements (CBA), Debtors

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Robert Hendricks

HHS Recommends DEA Reschedule Marijuana from Schedule I to Schedule III – Now What?

A year ago today on October 6, 2022, President Joe Biden asked the U.S. Secretary of Health and Human Services (HHS) and the U.S. Attorney General to initiate an administrative process to review how marijuana is scheduled under…more

Administrative Procedure Act, Controlled Substances Act, DEA, Department of Health and Human Services (HHS), Food and Drug Administration (FDA)

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Frank Henke

Charitable Giving – It’s Not Just for December

At the end of the year, many people think about giving to charities, especially people who are seeking additional tax deductions. In fact, statistics show that as much as 30% of charitable giving is done in the last month of the…more

Charitable Donations, Charitable Organizations, Conservation Easements, Donors, Individual Retirement Account (IRA)

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Kelly Hollingsworth

A Note of Caution: Data Breach Reports May be Discoverable

An organization that has suffered a data breach likely does not want to have to disclose potentially embarrassing or harmful information, especially in a lawsuit resulting from the breach. Simply involving an attorney in…more

Attorney-Client Privilege, Confidential Communications, Cybersecurity, Data Breach, Disclosure

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Catherine Jacobs

Michigan’s New Uniform Power of Attorney Act Effective July 1

Michigan’s new Uniform Power of Attorney Act (UPOAA) becomes effective on July 1, 2024. This law serves several purposes, which include preventing financial exploitation of vulnerable individuals and making standard power of…more

Beneficiaries, Durable Power of Attorney, Estate Planning, Financial Adviser, Financial Institutions

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Laura Jeltema

Hot Topics for Private Clients and Family Offices from the 2024 Heckerling Institute on Estate Planning – Part Two

In our previous blog post on the 2024 Heckerling Institute on Estate Planning, we highlighted some of the concepts and cases related to valuation that were discussed at the conference. In this second post, we share some of the…more

501(c)(4), Corporate Transparency Act, Environmental Social & Governance (ESG), Estate Planning, Fiduciary Duty

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Matthew "Matt" Johnson

[Webinar] How to Utilize eDiscovery Tools to Gain Efficiencies in Due Diligence - June 27th, 12:00 pm - 1:00 pm ET

Join Warner Norcross + Judd LLP partners Emily Cantor, Scott Carvo, Matt Johnson and Madelaine Lane for a webinar addressing how to gain efficiencies and appropriately utilize outside counsel during document-intensive business…more

Acquisitions, Data Collection, Discovery, Due Diligence, e-Discovery Professionals

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Alan Jurcak

The Corporate Transparency Act Becomes Effective January 1, 2024: Here’s How You Can Prepare

Beginning January 1, 2024, the Corporate Transparency Act (CTA) will require a substantial number of closely held entities to disclose certain information to the U.S. Treasury Department’s Financial Crimes Enforcement Network…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Foreign Corporations

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Charles Kadado

Summer Parenting Time: Five Tips to Make It a Success

Summer should be a special time for families, but for divorced parents with minor children, it can also be a source of stress and conflict. Here are five tips to help make the most of your time with your children: 1. Understand…more

Child Custody, Co-Parenting, Divorce, Parenting Plans, Parenting Time

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R. Scott Keller

Identifying the Source of Goods and Services Is No Laughing Matter

On June 8, 2023, the United States Supreme Court clarified an important unanswered question about the line between the First Amendment’s freedom of speech and trademark owners’ rights under the Lanham Act. In a unanimous, 9-0…more

First Amendment, Free Speech, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act

See all updates »

Jay Kennedy

Year-End Tax Planning Opportunities

2022 has been a busy year for most people. As this year is rushing toward the end, it is important ensure that you have taken advantage of the planning options available to you. Income Tax Planning Opportunities- The first…more

401k, Alternative Minimum Tax, Capital Gains, Charitable Donations, Gift Tax

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Kurt Kissling

Carbon Sequestration: What is it and How Will it Affect Me?

You may have heard the terms “carbon capture,” “carbon sequestration” or “carbon credits” floating around lately and wondered what they mean. To be brief, carbon capture is the general term for the process of physically…more

Carbon Capture and Sequestration, Carbon Emissions, Greenhouse Gas Emissions, Mineral Leases, Tax Credits

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Jonathan Kok

No Good Deed Goes Unpunished: Uptick in FLSA Litigation Over Attendance Bonuses

In the wake of the pandemic, some employers — opting for the carrot over the stick — have started offering weekly attendance bonuses to incentivize a return to the office. We have recently seen an uptick in employee-filed…more

Attendance, Bonuses, Collective Actions, Corporate Counsel, Fair Labor Standards Act (FLSA)

See all updates »

Madelaine Lane

[Webinar] How to Utilize eDiscovery Tools to Gain Efficiencies in Due Diligence - June 27th, 12:00 pm - 1:00 pm ET

Join Warner Norcross + Judd LLP partners Emily Cantor, Scott Carvo, Matt Johnson and Madelaine Lane for a webinar addressing how to gain efficiencies and appropriately utilize outside counsel during document-intensive business…more

Acquisitions, Data Collection, Discovery, Due Diligence, e-Discovery Professionals

See all updates »

Mary Jo Larson

Attention Auto Suppliers: Don’t Leave Money on the Table Through Unused Retirement Forfeitures and Unallocated Accounts

We understand that running an automotive supplier business involves more than just industry-specific issues. That's why we regularly provide important insights and tips on broader legal trends to help you navigate challenges…more

401k, Defined Contribution Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA), Forfeiture

See all updates »

Erin Lasenby

Current Tax Laws That Will Expire After 2025 if Congress Does Not Act

The Tax Cuts and Jobs Act (TCJA), which became effective on January 1, 2018, made significant changes to tax legislation that impacted individuals, families, business owners and companies. Some changes were intended to be…more

Business Taxes, Capital Losses, Charitable Donations, Child Tax Credit, Estate Tax

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Jonathan Lauderbach

Michigan Supreme Court Overrules Application of Key Premises Liability Doctrine

On July 28, 2023, the Michigan Supreme Court issued an opinion overruling the widely adopted application of the open and obvious doctrine in cases involving premises liability claims. In Kandil-Elsayed v. F & E Oil, Inc and…more

Duty of Care, MI Supreme Court, Premises Liability, Property Owners, Public Safety

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Christopher LeClair

Time to Get Ready for the H-1B Filing Season

It is once again time for employers to evaluate their H-1B needs as the annual filing season approaches. Despite continued strong demand for skilled workers, U.S. law places a yearly limit or “cap” on most new H-1B visas at…more

F-1 Visa, Foreign Students, Foreign Workers, H-1B, Immigration Procedures

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James Liggins Jr.

What to Do When an Employee Receives a Subpoena

In the second installment of “Right Side of the Law: Criminal Defense News,” Warner attorneys Madelaine Lane and James Liggins discuss best practices for when an employee receives a subpoena to testify as a witness for a…more

Criminal Defense, Depositions, Employee Handbooks, Subpoenas, Trials

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Dennis Loughlin

EV Manufacturer Lordstown Motors Files for Chapter 11 Bankruptcy

Lordstown Motors, an Ohio-based electric vehicle manufacturer, filed for chapter 11 bankruptcy in Delaware federal court on June 27, 2023. This filing is unsurprising, as the automotive company has been struggling financially…more

Automotive Industry, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors

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Nina Lucido

Does Everyone in Your Family Have Completed Estate Planning Documents?

Next week is National Estate Planning Awareness Week. This week was designated by Congress in 2008 as a means to educate, and to remind, U.S. citizens about estate planning. In reality, its purpose is to encourage people to take…more

Asset Management, Beneficiaries, Estate Planning, Fiduciary, Trustees

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Heidi Lyon

SECURE 2.0 is Finally Here! Warner Analysis Part 2

This is our second eAlert on the SECURE 2.0 Act of 2022 (“SECURE 2.0” or “new Act”). As we noted earlier in our first eAlert titled “SECURE 2.0 is Finally Here! Warner Analysis Part 1,” the new Act contains over 90 provisions…more

401k, 403(b) Plans, Employee Benefits, Individual Retirement Account (IRA), Required Minimum Distributions

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Thomas Manganello

[Virtual Roundtable] EV Charging Stations at Your Company: Key Opportunities and Considerations - November 29th, 12:00 pm - 1:00 pm ET

Join us for a virtual roundtable featuring Warner Norcross + Judd LLP attorneys Tom Manganello, Mike Stone, Kurt Brauer, Andrew Reside and Chris Predko as they discuss electric vehicle (EV) charging stations at company…more

Bodily Injury, Charging Stations, Defense Production Act, Electric Vehicles, Federal Grants

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Andrea McGrew

Private Fund Adviser Rule Vacated

On June 5, 2024, the U.S. Court of Appeals for the Fifth Circuit (the “court”) vacated the private fund adviser rule (the “rule”) adopted by the Securities and Exchange Commission (SEC) in September 2023. Notably, during the…more

Dodd-Frank, Investment Adviser, Investment Advisers Act of 1940, Investment Company Act of 1940, Investors

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Christian Meyer

This is Not a Tax Bill … Yet

If you own property in Michigan, then you just received (or will soon receive) a Notice of Assessment, Taxable Valuation and Property Classification from your local city or township. The phrase “THIS IS NOT A TAX BILL” is…more

Cash Value, Property Owners, Property Tax, Tax Appeals, Tax Assessment

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Susan Gell Meyers

How To Be a Good Trust Beneficiary

Following our series on how to serve and protect yourself as a trustee for your family, it only makes sense to talk about the other side of the equation ─ being a beneficiary. Unlike trustees, who have very specific fiduciary…more

Asset Management, Beneficiaries, Estate Planning, Probate Courts, Trust Funds

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Laura Morris

Can a Professional Guardian Delegate Their Decision-making Powers to an Employee?

Yes, as recently decided by the Michigan Supreme Court, but only if the professional guardian first executes a specific type of power of attorney document delegating authority to the employee to exercise such powers. This…more

Court-Appointed Guardians, Guardians, MI Supreme Court, Power of Attorney, Reimbursements

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Kristina Munsters

URGENT: METRC May Suspend Service to Delinquent Accounts March 1

We have heard from several cannabis law colleagues that METRC may be acting to suspend services to any licensee with delinquent monthly invoices, including service fees. From what we have learned in the last 18 hours, there may…more

Agribusiness, Cannabis-Related Businesses (CRBs), Delinquency Status, Invoices, Licenses

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Matthew Nelson

MSC Denies Review Where Whistleblower ‘Reported’ to Own Lawyer

In early December, the Michigan Supreme Court issued an order denying leave to appeal in McNeill-Marks v. MyMichigan Medical Center Alma,* a case involving fundamental questions regarding the meaning and application of…more

Health Insurance Portability and Accountability Act (HIPAA), MI Supreme Court, Personal Protection Orders, Protected Activity, Termination

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Sara Nicholson

Incorporating Gratitude Into Your Family’s Life Yields Wellness Benefits

As Thanksgiving approaches, we are faced with reminders to express gratitude for the blessings in our lives – family, friendships, kindnesses bestowed upon us and the means to meet our everyday necessities. This season prompts…more

Family Members, Self-Help Remedies, Wellness Programs

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Molly Nicol

Estate Planning for Blended Families

Before you get remarried, you and your intended spouse should make a plan for the children and assets each of you are bringing to the marriage. Since you have already experienced a divorce from or the death of your former…more

Beneficiaries, Estate Planning, Marriage, Prenuptial Agreements, Trusts

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Beth O'Laughlin

Should I Use a Professional Advisor as My Trustee?

Selecting the person or institution who will act as your trustee is one of the most important decisions you and your family members will make. For the task of managing your trust, it is natural to want to choose a family…more

Asset Management, Beneficiaries, Estate Planning, Fiduciary Duty, Trustees

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Dean Pacific

No Good Deed Goes Unpunished: Uptick in FLSA Litigation Over Attendance Bonuses

In the wake of the pandemic, some employers — opting for the carrot over the stick — have started offering weekly attendance bonuses to incentivize a return to the office. We have recently seen an uptick in employee-filed…more

Attendance, Bonuses, Collective Actions, Corporate Counsel, Fair Labor Standards Act (FLSA)

See all updates »

Steven (Steve) Palazzolo

Special eAlert and Law Shanty: Michigan Supreme Court Rules Legislature Action Unconstitutional, Reinstates Earned Sick Time and Improved Workforce Opportunity Wage Act

In a major decision issued Wednesday, the Michigan Supreme Court reinstated both the Earned Sick Time Leave Act (ESTA) and the Improved Workforce Opportunity Wage Act (IWOWA). As discussed further below, the Mothering Justice v…more

Earned Sick Time, ESTA, MI Supreme Court, Minimum Wage, Paid Leave

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Daniel Persinger

Time to Get Ready for the H-1B Filing Season

It is once again time for employers to evaluate their H-1B needs as the annual filing season approaches. Despite continued strong demand for skilled workers, U.S. law places a yearly limit or “cap” on most new H-1B visas at…more

F-1 Visa, Foreign Students, Foreign Workers, H-1B, Immigration Procedures

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Johnny Pinjuv

Carbon Sequestration: What is it and How Will it Affect Me?

You may have heard the terms “carbon capture,” “carbon sequestration” or “carbon credits” floating around lately and wondered what they mean. To be brief, carbon capture is the general term for the process of physically…more

Carbon Capture and Sequestration, Carbon Emissions, Greenhouse Gas Emissions, Mineral Leases, Tax Credits

See all updates »

Samuel Poortenga

Tax Changes Coming in 2025 Affecting Farmers and Agribusiness Clients

The Tax Cuts and Jobs Act provisions are set to sunset at the end of calendar year 2025. With this sunset on the horizon, those involved in the farming and agribusiness industries may want to take note and adjust their business…more

Agribusiness, Closely Held Businesses, Estate Tax, Farmers, Gift Tax

See all updates »

Christopher Predko

[Virtual Roundtable] EV Charging Stations at Your Company: Key Opportunities and Considerations - November 29th, 12:00 pm - 1:00 pm ET

Join us for a virtual roundtable featuring Warner Norcross + Judd LLP attorneys Tom Manganello, Mike Stone, Kurt Brauer, Andrew Reside and Chris Predko as they discuss electric vehicle (EV) charging stations at company…more

Bodily Injury, Charging Stations, Defense Production Act, Electric Vehicles, Federal Grants

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Katherine Pullen

Supreme Court Removes Some Defenses to False Claims Act Liability for Government Contractors and Health Care Providers

Government contractors, health care providers and many other parties who submit claims for payment to the federal government are subject to liability under the False Claims Act (FCA). This month, the U.S. Supreme Court issued a…more

Anti-Kickback Statute, Drug Pricing, False Claims Act (FCA), Healthcare, Medicare

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Charles Quigg

MSC Denies Review Where Whistleblower ‘Reported’ to Own Lawyer

In early December, the Michigan Supreme Court issued an order denying leave to appeal in McNeill-Marks v. MyMichigan Medical Center Alma,* a case involving fundamental questions regarding the meaning and application of…more

Health Insurance Portability and Accountability Act (HIPAA), MI Supreme Court, Personal Protection Orders, Protected Activity, Termination

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Ashley Racette

Ahead of the Curve Auto Supplier - What Type of Contract Did You Enter Into? Hybrid Automotive Supplier Contracts and the Predominant Purpose Test

Automotive supply contracts usually involve either the sale of goods or the provision of services. For that reason, determining what law applies to such contracts is often pretty simple — the Uniform Commercial Code (UCC)…more

Automotive Industry, Contract Terms, Hybrid Contract, Suppliers, Supply Contracts

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Adam Ratliff

Federal Appeals Court Offers Additional Clarity on Requirements Contract Laws

We previously previewed the issues presented in Higuchi Int’l Corp. v. Autoliv ASP, Inc., an appeal with potentially far-reaching implications for suppliers, in our March 22 and May 21 blog posts. Yesterday, the U.S. Court of…more

Appellate Courts, Buyers, Contract Terms, Preliminary Injunctions, Purchasers

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Jennifer Remondino

Connelly v. United States Decision Affects Life Insurance for Closely Held Business Owners

On June 6, 2024, the United States Supreme Court issued its opinion regarding Connelly, as Executor of the Estate of Connelly v. United States. This final decision will directly impact all closely held business owners that have…more

Business Ownership, Business Succession, Buy-Sell Agreements, Closely Held Businesses, Connelly v United States

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Andrew Reside

The Future is Electric, but What About the Charging Stations?

Those familiar with the automotive industry have certainly heard the phrase “the future is electric.” With most automobile manufacturers deciding to electrify their fleets within the next 10-20 years, one obvious question is…more

Automotive Industry, Charging Stations, Electric Vehicles, Liability, Maintenance

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Richard Roane

Navigating the Summer as Divorced Parents

Summer break is often a joyful time for many children but can be a common point of conflict for divorced or separated parents. With the family’s typical school routine derailed, parents may need to revisit parenting schedules…more

Child Custody, Child Visitation, Co-Parenting, Divorce, Minor Children

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De'Andre Robbins

50 Years of ERISA: Reflecting on the Past, Present and Future of Employee Benefits

As we celebrate the 50th anniversary of the Employee Retirement Income Security Act of 1974 (ERISA), it is important to reflect on the impact this legislation has had on private sector employee benefit plans such as traditional…more

401k, Bureau of Labor Statistics, Defined Benefit Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Alan Rogalski

The Complexity of Rescheduling or Descheduling Marijuana Under Federal Law

We recently wrote about President Joe Biden’s pardon of federal marijuana convictions and raised some cautions concerning possible proposed rescheduling of marijuana under the Federal Controlled Substances Act (CSA)…more

Controlled Substances Act, DEA, Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Joe Biden

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Emily Rucker

Trial Courts Begin to Address Major Supply Chain Contracting Questions with Differing Outcomes

Following the Michigan Supreme Court’s landmark decision in MSSC, Inc. v. AirBoss Flexible Products Co., 511 Mich. 176 (2023), in which Warner represented the prevailing party, many businesses have been re-examining whether…more

Buyers, MI Supreme Court, Purchase Agreement, Suppliers, Supply Chain

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Jeffrey Segal

Enhanced Fines for Assaulting Medical Staff in Michigan

Governor Gretchen Whitmer has signed bipartisan bills that were proposed to address significant patterns of violence against Michigan’s health care professionals and medical volunteers. Roughly half of emergency room physicians…more

Assault, Emergency Rooms, Governor Whitmer, Health Care Providers, Nurses

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Janelle Shankin

The Clean Slate Act’s Impact on Employers

In today’s Warner Employment News From the Law Shanty, Steve Palazzolo talks with Warner attorney Janelle Shankin. They discuss Michigan’s Clean Slate Act and how it expanded the list of misdemeanors and felonies that are now…more

Criminal Background Checks, Expungement, Felonies, Hiring & Firing, Job Applicants

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David L.J.M. Skidmore

How Solid is the Stipulated Order for Paying Litigation-related Attorney Fees from a Trust?

The Michigan Court of Appeals recently issued an interesting ruling regarding the ability of a litigant in probate litigation to recover attorney fees from the trust in dispute, even if all parties agree to such payment. In re…more

Appellate Courts, Attorney's Fees, Breach of Contract, Conservators, Probate

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Timothy Smith

Federal Appeals Court Offers Additional Clarity on Requirements Contract Laws

We previously previewed the issues presented in Higuchi Int’l Corp. v. Autoliv ASP, Inc., an appeal with potentially far-reaching implications for suppliers, in our March 22 and May 21 blog posts. Yesterday, the U.S. Court of…more

Appellate Courts, Buyers, Contract Terms, Preliminary Injunctions, Purchasers

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Raquel Sportel

Silent Trusts Have Come to Michigan

Recently, Michigan added a new section to the trust code, making it possible for trust settlors to create “quiet” or “silent” trusts in Michigan. As the name implies, in a silent trust arrangement, a trustee is not required to…more

Beneficiaries, Estate Planning, Trustees, Trusts, Uniform Trust Code

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Corinne Sprague

Did You Form New Entities this Year? You Still Need to Complete CTA Reporting

The Corporate Transparency Act (CTA) remains the law of the land, at least for now, and companies should prepare to comply. Recently, a federal district court in Alabama found the CTA to be unconstitutional. In the wake of the…more

Beneficial Owner, CEOs, CFOs, COOs, Corporate Transparency Act

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Nathan Steed

Managing Cybersecurity Risk for Family Offices and Businesses

Whether caused by family member thoughtlessness, employee error or the acts of a skilled data thief, everyone is likely to be the victim of an information breach at some point. A cyberattack on a family office or family…more

Cyber Attacks, Cybersecurity, Data Protection, Family Businesses, Incident Response Plans

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Justin Stemple

Attention Auto Suppliers: Don’t Leave Money on the Table Through Unused Retirement Forfeitures and Unallocated Accounts

We understand that running an automotive supplier business involves more than just industry-specific issues. That's why we regularly provide important insights and tips on broader legal trends to help you navigate challenges…more

401k, Defined Contribution Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA), Forfeiture

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Michael Stone

[Virtual Roundtable] EV Charging Stations at Your Company: Key Opportunities and Considerations - November 29th, 12:00 pm - 1:00 pm ET

Join us for a virtual roundtable featuring Warner Norcross + Judd LLP attorneys Tom Manganello, Mike Stone, Kurt Brauer, Andrew Reside and Chris Predko as they discuss electric vehicle (EV) charging stations at company…more

Bodily Injury, Charging Stations, Defense Production Act, Electric Vehicles, Federal Grants

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Allyson Terpsma

SCOTUS Strikes Down Affirmative Action

Today, in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the United States Supreme Court declared that race-based college admissions systems, otherwise known as affirmative action, are…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Educational Institutions

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Gordon Toering

M&A Strategy Update: Union Contracts and Section 363 Sales

In the right situations, the United States Bankruptcy Code provides powerful tools for acquiring distressed companies and realizing economic value, including synergies from vertically integrating suppliers or customers, or…more

Bankruptcy Code, Bankruptcy Court, Buyers, Collective Bargaining Agreements (CBA), Debtors

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Jarrod Trombley

Michigan Attorney General Supports FTC’s Proposed Ban on Noncompete Agreements

On January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking to prohibit noncompete agreements nationwide. On April 19, 2023, Michigan Attorney General Dana Nessel joined attorney generals from…more

Federal Trade Commission (FTC), Franchisee, Non-Compete Agreements, Proposed Rules, State Attorneys General

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Amber Underhill

Identifying the Source of Goods and Services Is No Laughing Matter

On June 8, 2023, the United States Supreme Court clarified an important unanswered question about the line between the First Amendment’s freedom of speech and trademark owners’ rights under the Lanham Act. In a unanimous, 9-0…more

First Amendment, Free Speech, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act

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Karen VanderWerff

MIOSHA to Start Seeking Additional Workplace Injury and Illness Data from Employers in High-Hazard Industries

Earlier this week, the Michigan Occupational Safety and Health Administration (MIOSHA) amended its existing administrative standard concerning covered employers’ recording and reporting of occupational injuries and illnesses…more

Occupational Injury, OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Hazards

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Brian Wassom

Supreme Court Affirms Its Rule-making Power: COVID-19 Deadline Extensions Upheld

In a 5-2 opinion released July 29, 2024, the Michigan Supreme Court upheld its own authority to extend litigation filing deadlines during the COVID-19 pandemic. The plaintiff in Carter v. DTN Management Company, Karen Carter,…more

Coronavirus/COVID-19, Filing Deadlines, MI Supreme Court, State Courts, Statute of Limitations

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Jennifer Watkins

SECURE 2.0 is Finally Here! Warner Analysis Part 2

This is our second eAlert on the SECURE 2.0 Act of 2022 (“SECURE 2.0” or “new Act”). As we noted earlier in our first eAlert titled “SECURE 2.0 is Finally Here! Warner Analysis Part 1,” the new Act contains over 90 provisions…more

401k, 403(b) Plans, Employee Benefits, Individual Retirement Account (IRA), Required Minimum Distributions

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Laura You

Strategies for Dealing with Buyers’ Demands for Longer or Delayed Payment Terms

Increasingly, buyers are turning to a new tactic to stem the tide of rising costs: Upstream buyers are demanding longer payment terms. The demands often come from the top (i.e., OEMs and Tier 1s) down and take many forms. Some…more

Adequate Assurances, Automotive Industry, Extensions, Investment, OEM

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Carly Zagaroli

Michigan Supreme Court Overrules Application of Key Premises Liability Doctrine

On July 28, 2023, the Michigan Supreme Court issued an opinion overruling the widely adopted application of the open and obvious doctrine in cases involving premises liability claims. In Kandil-Elsayed v. F & E Oil, Inc and…more

Duty of Care, MI Supreme Court, Premises Liability, Property Owners, Public Safety

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Lisa Zimmer

50 Years of ERISA: Reflecting on the Past, Present and Future of Employee Benefits

As we celebrate the 50th anniversary of the Employee Retirement Income Security Act of 1974 (ERISA), it is important to reflect on the impact this legislation has had on private sector employee benefit plans such as traditional…more

401k, Bureau of Labor Statistics, Defined Benefit Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Lance Zoerhof

Strategies for Dealing with Buyers’ Demands for Longer or Delayed Payment Terms

Increasingly, buyers are turning to a new tactic to stem the tide of rising costs: Upstream buyers are demanding longer payment terms. The demands often come from the top (i.e., OEMs and Tier 1s) down and take many forms. Some…more

Adequate Assurances, Automotive Industry, Extensions, Investment, OEM

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Mark Zuccaro

Identifying the Source of Goods and Services Is No Laughing Matter

On June 8, 2023, the United States Supreme Court clarified an important unanswered question about the line between the First Amendment’s freedom of speech and trademark owners’ rights under the Lanham Act. In a unanimous, 9-0…more

First Amendment, Free Speech, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act

See all updates »