Dickinson Wright

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Latest Publications

Melissa Alcantara

ICE Seizes Counterfeit Domain Names

On December 2, U.S. Immigration and Custom Enforcement's (ICE) Homeland Security Investigations announced in a press release that 706 domain names set up to “dupe” consumers into buying counterfeit goods had been seized by…more

Counterfeiting, Domain Names, Fraud, ICE, Internet

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John Anderson, Sr.

Tennessee Court of Appeals Interprets Exclusionary Clause in Automobile Casualty Insurance Policy

Recently, the Tennessee Court of Appeals issued an opinion involving the interpretation of an exclusionary clause in an automobile casualty insurance company. In the case of Weed v. First Acceptance Insurance Company of…more

Auto Insurance, Car Accident, Casualty Insurance, Exclusionary Clauses

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Thomas Ardnt

The Supreme Court Of Canada Seeks To Rein-In Court Costs. A New Approach For Summary Judgment Motions In Ontario

The Supreme Court of Canada has endorsed a new approach in Ontario stating “trials have become increasingly expensive and protracted. Most Canadians cannot afford to sue when they are wronged or defend themselves when they are…more

Legal Costs, SCC, Summary Judgment

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Michael N. Atlas

Better Late Than Early - What Is “Just, Convenient And Equitable” Among Innocent Investors In Fraudulent Investment Schemes

Overview - Defrauded investors in an investment scheme rarely recover all of the funds that they have invested, and the question of the amount to which each investor is entitled is complicated when the investments are…more

Fraud, Investment Fraud, Investors

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Paul Bain

Intellectual Property Legal News - October 2013 - Volume 1, Number 5 (Global)

In This Issue: - “TRADEMARK” OR “TRADE-MARK”? EVEN THE SPELLING DIFFERS BETWEEN CANADIAN AND AMERICAN LAW: The title says it all. Despite sharing a border, there are many differences between Canadian and United…more

Canada, China, Trademarks

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Brian Balow

The HIPAA “Omnibus” Final Rule Part II - Revisions to Business Associate Definition, Liability and Obligations, Certain Individual Rights, and Implementation of GINA.

The United States Department of Health and Human Services (the “Department” or “HHS”) issued the “Omnibus” Final Rule (the “Final Rule”) on January 17th, 2013. The Final Rule contains long-awaited rules and clarifications…more

Business Associates, GINA, HHS, HIPAA, HIPAA Omnibus Rule

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Sarah Barrios

A Woman’s Work: Blazing the Trail

On March 26, 1930, the first female United States Supreme Court Justice was born. Today is her eighty-fourth birthday. Sandra Day O’Connor was born into a ranching family in her native Arizona. It is easy to imagine her refusing…more

Sandra Day O'Connor, Women in the Law, Young Lawyers

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Todd Baxter

Homeowners Cannot Assert Claims Against Subcontractors For Breach Of Implied Warranty

Since 1979, Arizona courts have recognized an implied warranty of workmanship and habitability (“Implied Warranty”) regarding new home construction. Although a contractual relationship (“privity”) is generally required to bring…more

Breach of Warranty, Construction Defects, Construction Disputes, Implied Warranty of Habitability, Subcontractors

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Karolyn Bignotti

Health Care Legal News - January 31, 2013 • Volume 3, Number 1

In This Issue: - SPECIAL EDITION ON THE HIPAA OMNIBUS FINAL RULE PART I - REVISIONS TO THE RULES ON BREACH NOTIFICATION - FINAL RULE REQUIRES GROUP HEALTH PLANS AND PROVIDERS TO UPDATE THEIR NOTICE OF PRIVACY PRACTICES…more

Data Breach, Disclosure Requirements, HIPAA, HIPAA Omnibus Rule, HITECH

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John Blattner

How to Win the Olympic Gold Medal in the Super Bowl of Trademark Infringement

Like any red-blooded American sports fan, the realization that both the Super Bowl and the Winter Olympics are only a few weeks away makes my thoughts turn to only one thing…more

Infringement, Trademarks

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James M. Burns

FTC Commissioner Criticizes Proposed Legislation That Would Permit Health Providers to Negotiate Jointly with Health Insurers

In a February 26 speech before the Connecticut Bar Association, Federal Trade Commissioner Maureen Olhausen expressed strong opposition to proposed legislation that would create an antitrust exemption for collective negotiations…more

Antitrust Provisions, FTC, Health Insurance, Healthcare

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Rodney Butler

CMS Issues Final Rule on Direct Access of Lab Test Results by Patients

On February 3, 2014, the Centers for Medicare and Medicaid Services (CMS) released a final rule that permits patients or their representatives to have direct access to the results of their lab tests. This rule change is…more

CMS, Disclosure, EHR, Healthcare, HIPAA

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J. Gregory Cahill

Significant Changes Made By ROC To Its Complaint And Hearing Process

For the last 25 years, the Arizona Registrar of Contractors’ enforcement procedures have been best described as “complainant driven.” That is, the ROC typically deferred to the claimant (usually a homeowner) as to whether a…more

Construction Disputes, Contractors

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Lisa Corne

Supreme Court of Canada Upholds Priority for DIP Lenders in CCAA Proceedings

Overview - On February 1, 2013, the Supreme Court of Canada (the “SCC”) affirmed the priority granted to Debtor-In-Possession (“DIP”) lenders who provide capital to debtor companies undergoing the restructuring process…more

Chapter 11, Constructive Trusts, Debtors-in-Possession, Fiduciary Duty, Indalex

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Robin De Respino

If any person gives substantial assets to their children (whether held in trust or not)…beware, or at least be aware!

Trusts have historically been used for protection from estate taxes. Now, for most people, protection from the estate tax is not necessary, but one reason (there are many other reasons) trusts may still be needed to protect…more

Estate Planning, Estate Tax

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Joan Ellis

Health Care Legal News - August 7, 2013 • Volume 3, Number 2

In This Issue: - IRS ISSUES TRANSITION RELIEF ON THE ONE-YEAR DELAY IN ACA’S INFORMATION REPORTING AND EMPLOYER SHARED RESPONSIBILITY RULES: On July 9, 2013, the IRS issued Notice 2013-45 which provides additional…more

Affordable Care Act, Delays, Employer Mandates, Healthcare, IRS

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Peter Ellsworth

Gaming Legal News - January 9, 2013 • Volume 6, Number 1

In This Issue: - DICKINSON WRIGHT EXPANDS ITS PRESENCE IN PHOENIX THROUGH COMBINATION WITH MARISCAL, WEEKS, MCINTYRE & FRIEDLANDER, P.A., ADDING LEADING INDIAN LAW ATTORNEY: Dickinson Wright PLLC, with offices in…more

Gaming, Gaming Equipment, Licenses, Manufacturers, Slot Machines

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M. Reid Estes, Jr.

Successor Liability Under The FLSA: Seventh Circuit Holds Purchaser Of Assets From Receiver Of Company Which Had Violated FLSA Liable Despite “Free And Clear” Nature Of Sale

In a case which is sure to complicate the sale of companies (or discrete divisions thereof) and have widespread influence in other Circuits, the Seventh Circuit recently held that a company which acquired the assets (not stock)…more

Asset Purchaser, Auction, FLSA, Successor Liability

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Glenn Feldman

Governor Appoints New Director of Arizona Department of Gaming; Agency Continues Enforcement Actions

On December 11, 2013, Governor Jan Brewer named Daniel Bergin as the new Director of the Arizona Department of Gaming. Bergin had been serving as Acting Director of the Department since September, when former Director Mark…more

Gambling, Gaming, Hospitality Industry, Indian Gaming, Tribal-State Gaming Compacts

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Kelly Frey, Sr.

Preparing For A Digital Armageddon

We are under attack. Whether it is cyber-theft, cyber-terrorism, or cyber warfare, critical systems that generate and distribute electricity on the grid, control commercial aircraft in flight, process bank and credit …more

Cyber Attacks, Cybersecurity

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Jerry Gaffaney

A Federal District Court in Florida Finds Hospital System Properly Terminated a Professional Services Contract for a HIPAA Breach

The U.S. District Court for the Southern District of Florida found on June 20, 2013 that defendant Community Health Systems, Inc., and its affiliated hospital, Salem Hospital (collectively, “CHS”) properly terminated a…more

Breach Notification Rule, Data Breach, HIPAA, Hospitals, Misappropriation

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Autumn Gentry

Tennessee Supreme Court Holds That Insurer is Entitled to Rely Upon Facially Valid Order of Financial Guardianship Despite Deficiencies

In Hood v. Jenkins, et al., No. E2011-02749-SC-R11-CV, 2013 Tenn. LEXIS 1009 (Tenn. Dec. 19, 2013), a minor beneficiary of a $100,000 life insurance policy, filed suit against his financial guardian and the insurance company…more

Beneficiaries, Guardians, Life Insurance, Misappropriation

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Steven Gibson

Intellectual Property LEGAL NEWS - January 24, 2013 • Volume 1, Number 1

In This Issue: - FIGHTING COUNTERFEITS IN CHINA – LIGHT AT THE END OF THE TUNNEL? - FEDERAL CIRCUIT EXPANDS SCOPE OF INDUCED INFRINGEMENT FOR METHOD PATENTS - JURISDICTIONS SPLIT ON WHEN COPYRIGHT REGISTRATION…more

China, Copyright, Counterfeiting, Covered Business Method Patents, Damages

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Daniel Gosch

Recent Court Decisions Hold That The Absolute Priority Rule Still Protects Creditors Of Individual Chapter 11 Debtors

As the economic recovery continues to wind along through the up and down financial cycles that have been the hallmark of the last four years, there can be little doubt that some individuals historically on the higher end of the…more

Absolute Priority Rule, BAPCPA, Chapter 11, Consumer Bankruptcy, Debtors

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Deborah Grace

Penalties and Measuring Periods for Large Employers - How to Assess Potential Liability under the Affordable Care Act

Under the Affordable Care Act (“ACA”), a large employer is subject to penalties if it fails to offer to full-time employees and their dependents health coverage or if the coverage that it offers is not affordable or does not…more

Affordable Care Act, Employer Liability Issues, Essential Health Benefits, Full-Time Employees, Hour of Service

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Christopher Graham

Better Late Than Early - What Is “Just, Convenient And Equitable” Among Innocent Investors In Fraudulent Investment Schemes

Overview - Defrauded investors in an investment scheme rarely recover all of the funds that they have invested, and the question of the amount to which each investor is entitled is complicated when the investments are…more

Fraud, Investment Fraud, Investors

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Roberta Granadier

ACA, HIPAA, COBRA and HSA Penalties: What Do They Mean?

What do all of these acronyms stand for and why do employers and human resource professionals care? These acronyms stand for statutory requirements which apply to employer-provided health plans and stiff penalties can apply for…more

Affordable Care Act, COBRA, Employee Benefits, Employer Liability Issues, Healthcare

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Eric Gregory

IRS Issues Additional Guidance On The Treatment Of Same-Sex Spouses For Retirement Plan Purposes

IRS Notice 2014-19 provides long-awaited guidance on the application of the decision in United States v. Windsor to retirement plans qualified under Internal Revenue Code (“IRC”) Section 401(a). For tax-qualification purposes,…more

DOMA, IRS, Pension Plan Amendments, Retirement Plan, Same-Sex Marriage

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Henry Grix

The American Taxpayer Relief Act of 2012 Stabilizes Federal Estate, Gift and Generation-skipping Transfer Tax Law

The American Taxpayer Relief Act of 2012 (the "2012 Act") — actually passed by Congress on January 1, 2013 — brings welcome stability to federal estate, gift and generation-skipping transfer tax law which has been in…more

American Taxpayer Relief Act, Charitable Rollover, Estate Tax, Fiscal Cliff, Generation-Skipping Transfer

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Kelley Haladyna

Navigating Potholes in the Road to Success

Anyone who has ever driven through Michigan during the freeze/thaw season has probably hit a few potholes. Sometimes the potholes are impossible to see before you plow right into them, and other times they are clearly visible up…more

Law Practice Management, Young Lawyers

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Scott Holcolmb

Savings, Solar, And Shade - Taking Advantage of Arizona’s Public School District Energy Contract Statutes

Arizona has abundant sun and heat. What it does not have in abundance is funding for school districts to construct any facilities or to pay ever increasing utility bills. Many districts are struggling to find the…more

Energy, Energy Efficiency, School Districts, Solar Energy

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David Houston

New NLRB G.C. Plots Activist Course

The General Counsel of the National Labor Relations Board serves important policy-making and prosecutorial decision-making roles. While the “GC” acts independently of the adjudicative “Board” arm of the agency, both, in a sense,…more

Confirmation Proceedings, Email, NLRA, NLRB, Nominations

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Wendy Hulton

Canada’s Consumer Product Safety Act: An Update

Canada has a complex legal framework at both the federal and provincial levels that governs the safety requirements for products sold in Canada. The Canada Consumer Product Safety Act (CCPSA) is a broad federal statute that…more

Canada, CCPSA, Compliance

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W. Eric Kay

New Ontario Mandatory Health And Safety Awareness Training For Workers And Supervisors: Deadline July 1, 2014

The safety and wellbeing of employees in the workplace is a concern in respect of employers of all sizes and across all sectors. This concern was magnified in Ontario after a quadruple fatality involving a scaffolding accident…more

Canada, OHSA

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Peter Kulick

Nevada and Delaware Enter Into Interstate Compact to Pool I-Poker Players

On February 25, 2014, Nevada Governor Brian Sandoval and his Delaware counterpart, Governor Jack Markell, signed the first interstate compact to allow the pooling of I-gaming patrons in the two states…more

I-Gaming, Interstate Compacts, Online Poker

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Amy Kwiatkowski

FTC Announces Higher Hart Scott Rodino Premerger Notification Reporting Thresholds

The Hart-Scott-Rodino Act, 15 U.S.C. 18a (the “HSR Act”), requires parties that are contemplating a merger or the acquisition of assets, voting securities and other non-corporate interests above certain dollar thresholds to…more

FTC, Hart-Scott-Rodino Act, Pre-Merger Filing Requirements, The Clayton Act

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Judy Fertel Layne

Real Estate Legal News - October 2013 • Volume 4, Number 1

In This Issue: - KEEP IT CLEAN: EPA ENDORSES NEW ASTM STANDARD FOR CONDUCTING ESAS: The United States Environmental Protection Agency (EPA) recently proposed a rule to recognize the updated standard of the American…more

ASTM, CERCLA, EPA, Landlords, Property Owners

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John K. Lawrence

BASEL III Lite: Regulators Adjust Capital Rules For Community Banks

The three Federal bank regulatory agencies (the “Agencies”) have adopted new capital regulations implementing the first portion of the international principles, known as “Basel III,” agreed in the Basel Committee on Banking…more

Banks, Basel Committee, Basel III, Capital Markets, Federal Reserve

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Judith Fertel Layne

A New Tax Law May Help Families Avoid Uncapping on Certain Inter-Family Real Property Transfers

Effective December 31, 2013, a parent can transfer residential real estate located in Michigan to his or her child without uncapping the taxable value of the property if the child continues to use the property for residential…more

Family Members, Property Ownership, Property Tax, Transfers, Treasury

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Ralph Levy, Jr.

Health Care Legal News - November 28, 2012 • Volume 2, Number 10

In This Issue: - Medicare Finalizes 2013 Physician Payment Schedule - Ohio Court Rules That A Court CAnnot Compel A Terminated Employee To Return PHI To The Former Employer - Insurer’s Antitrust Action AGainst…more

CMS, HIPAA, Medicare, Physician Fee Schedule

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Leslee Lewis

Taking a Moment to Listen

I was reading today about how scientists across the nation are working together to try to solve a mystery. Apparently tiny hairs inside the ear are key to hearing. These tiny hairs are not alone. They are supported on your…more

Biotechnology

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Michael D. Lipton

Gaming Legal News - February 2014 • Volume 7, Number 4: Digital Currency Identified As An “Emerging Risk” In The Canadian Federal Government’s 2014 Budget

On February 11, 2014, the Canadian Federal Government released its 2014 Budget. In the 2014 Budget, the Federal Government pledged to introduce legislative amendments to strengthen Canada’s anti-money laundering and terrorist…more

Anti-Money Laundering, Bitcoins, Canada, Terrorism Funding, Virtual Currency

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Ken McIntyre

United States: The “Top Ten” Things For A Supplier To Consider In Terminating A Distributor

Regardless of labels like “dealer,” “distributor” or “reseller,” there are some fundamental issues that demand attention whenever a supply relationship is involuntarily terminated. We work with suppliers in planning and…more

Distributors, Suppliers, Termination

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Tatiana Melnik

Health Care Legal News - November 28, 2012 • Volume 2, Number 10

In This Issue: - Medicare Finalizes 2013 Physician Payment Schedule - Ohio Court Rules That A Court CAnnot Compel A Terminated Employee To Return PHI To The Former Employer - Insurer’s Antitrust Action AGainst…more

CMS, HIPAA, Medicare, Physician Fee Schedule

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Nicole Meyer

Registering Your Trademark with the Trademark Clearinghouse – Is Your House in Order?

“It’s happening – the biggest change to the Internet since its inception” is how the president of ICANN’s Generic Domains Division has described the new gTLD Program being implemented by The Internet Corporation for Assigned…more

Domain Names, gTLD, ICANN, Internet, Trademark Clearinghouse

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Chris Mitchell

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most significant…more

America Invents Act, Apple, DNA, First-to-File, First-to-Invent

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Cynthia Moore

The HIPAA “Omnibus” Final Rule Part II - Revisions to Business Associate Definition, Liability and Obligations, Certain Individual Rights, and Implementation of GINA.

The United States Department of Health and Human Services (the “Department” or “HHS”) issued the “Omnibus” Final Rule (the “Final Rule”) on January 17th, 2013. The Final Rule contains long-awaited rules and clarifications…more

Business Associates, GINA, HHS, HIPAA, HIPAA Omnibus Rule

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Nicolas Morano

Amendment To Michigan Condominium Act Clarifies Audit Requirements For Condominium Associations

The Michigan Legislature has passed an amendment to Section 57 of the Michigan Condominium Act (MCL 559.157) which is intended to clarify the annual audit responsibilities for condominium associations. Michigan Public Act No…more

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Peter Pang

Intellectual Property Legal News - October 2013 - Volume 1, Number 5 (Global)

In This Issue: - “TRADEMARK” OR “TRADE-MARK”? EVEN THE SPELLING DIFFERS BETWEEN CANADIAN AND AMERICAN LAW: The title says it all. Despite sharing a border, there are many differences between Canadian and United…more

Canada, China, Trademarks

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Steven Parks

Intellectual Property LEGAL NEWS - January 24, 2013 • Volume 1, Number 1

In This Issue: - FIGHTING COUNTERFEITS IN CHINA – LIGHT AT THE END OF THE TUNNEL? - FEDERAL CIRCUIT EXPANDS SCOPE OF INDUCED INFRINGEMENT FOR METHOD PATENTS - JURISDICTIONS SPLIT ON WHEN COPYRIGHT REGISTRATION…more

China, Copyright, Counterfeiting, Covered Business Method Patents, Damages

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James B. Perry

NLRB Prevented From Requiring Employers To Post Notices

On Tuesday, May 7, 2013, a three Judge panel of the United States Court of Appeals for the District of Columbia Circuit Court unanimously rejected the National Labor Relations Board (NLRB) rule requiring private sector employers…more

Anti-Union Actions, Free Speech, NLRA, NLRB, Notice Requirements

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Randy Pistor

Health Care Legal News - January 31, 2013 • Volume 3, Number 1

In This Issue: - SPECIAL EDITION ON THE HIPAA OMNIBUS FINAL RULE PART I - REVISIONS TO THE RULES ON BREACH NOTIFICATION - FINAL RULE REQUIRES GROUP HEALTH PLANS AND PROVIDERS TO UPDATE THEIR NOTICE OF PRIVACY PRACTICES…more

Data Breach, Disclosure Requirements, HIPAA, HIPAA Omnibus Rule, HITECH

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James Plemmons

OESA Legal Corner E-Mail Troubles: Can Your Company’s Handbook Help You in Employment Litigation?

Have you ever considered whether your company has a right to use an employee’s e-mail communications with his or her attorney conveyed through your company’s system? A company’s defense in an employment lawsuit can be impacted…more

Adverse Employment Action, Email, Email Policies, Employee Handbooks, Employee Rights

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Marlene Pontrelli

A Sense of Security with Orders of Protection in Arizona

Going through a divorce or a dispute in your personal life can be stressful, especially if you fear the safety of yourself and loved ones. Orders of protection are one way you can protect you and your family if you feel…more

Divorce, Domestic Violence, Personal Protection Orders

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David Preger

Supreme Court of Canada Upholds Priority for DIP Lenders in CCAA Proceedings

Overview - On February 1, 2013, the Supreme Court of Canada (the “SCC”) affirmed the priority granted to Debtor-In-Possession (“DIP”) lenders who provide capital to debtor companies undergoing the restructuring process…more

Chapter 11, Constructive Trusts, Debtors-in-Possession, Fiduciary Duty, Indalex

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Mary Neil Price

HMDA … Are you ready to submit?

Many of us in banking were glad to see 2012 come to a close and hopeful for a better 2013. To the extent that better means fewer regulatory issues, now is the time to prepare your bank’s Home Mortgage Disclosure Act (“HMDA”)…more

Action Codes, CRA, FFIEC, Geocoding, Government Monitoring Information

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Michael Raymond

SEC Adopts Long-Awaited Final Rule Removing Ban On General Solicitation In Rule 506 Private Offerings

On July 10, 2013, the SEC adopted a “game changing” new final rule that lifts an 80-year-old ban on general solicitation and advertising for certain private securities offerings. Previously, investors conducting private…more

Advertising, Dodd-Frank, General Solicitation, JOBS Act, Marketing

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H. Jonathan Redway

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most significant…more

America Invents Act, Apple, DNA, First-to-File, First-to-Invent

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Stephen Richman

Homeowners Cannot Assert Claims Against Subcontractors For Breach Of Implied Warranty

Since 1979, Arizona courts have recognized an implied warranty of workmanship and habitability (“Implied Warranty”) regarding new home construction. Although a contractual relationship (“privity”) is generally required to bring…more

Breach of Warranty, Construction Defects, Construction Disputes, Implied Warranty of Habitability, Subcontractors

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James Rigberg

Arizona’s Broad Anti-Deficiency Protection Confirmed

The non-judicial foreclosure process affords banks and lenders a relatively “cheap” means of executing on their collateral in the event of a borrower’s defaults. That cheaper process comes at a price, however. Arizona has a…more

Anti-Deficiency Provisions, Borrowers, Foreclosure, Lenders

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Scott Roberts

The Academic Laboratory Exception

Part One: Determining Eligibility - The federal Resource Conservation and Recovery Act, usually referred to as “RCRA”, governs the storage and disposal of hazardous waste, including hazardous medical waste. In addition to…more

Hazardous Substances, Laboratories, RCRA, Waste Disposal

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Matthew Roesch

Real Estate Legal News - October 2013 • Volume 4, Number 1

In This Issue: - KEEP IT CLEAN: EPA ENDORSES NEW ASTM STANDARD FOR CONDUCTING ESAS: The United States Environmental Protection Agency (EPA) recently proposed a rule to recognize the updated standard of the American…more

ASTM, CERCLA, EPA, Landlords, Property Owners

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Kimberly Ruppel

ERISA Legal News - 1st Quarter, 2013 • Volume 4, Number 1

In This Issue: - Supreme Court Update: Where Plan Reimbursement Or Recovery Terms Are Ambiguous Or Silent,Equitable Doctrines May Fill The Gaps: US Airways, Inc. v. McCutchen, 569 U.S. ___ (2013). In an opinion…more

CIGNA, Class Action, Class Certification, Disability, Disability Benefits

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Jordan Schreier

Department Of Treasury And Internal Revenue Service Announce They Will Recognize Legal Same-Sex Marriages For Federal Tax Purposes Regardless Of State Of Domicile

In June 2013, the US Supreme Court in Windsor v. U.S., ruled as unconstitutional the portion of the federal Defense of Marriage Act (“DOMA”) which provided that for federal law purposes, a marriage meant an opposite-sex marriage…more

DOMA, IRS, Marriage, Same-Sex Marriage, SCOTUS

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W. Stuart Scott

Will Gaming Expansion in Neighboring Ohio “Spur” Kentucky to Stop “Horsing Around” on the Issue?

Well before Governor Beshear took office in 2008, the Commonwealth of Kentucky had been discussing the expansion of gaming within its borders. Beyond the legalization of the lottery in 1988 and charitable gaming in 1994, the…more

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Ryan M. Shannon

Detroit Casinos’ February Revenues Decrease From Same Month Last Year

The Michigan Gaming Control Board (“MGCB”) released the revenue and wagering tax data for February 2014 for the three Detroit, Michigan commercial casinos. The three Detroit commercial casinos posted a collective 0.6% decrease…more

Casinos

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Andrew Skinner

New Ontario Mandatory Health And Safety Awareness Training For Workers And Supervisors: Deadline July 1, 2014

The safety and wellbeing of employees in the workplace is a concern in respect of employers of all sizes and across all sectors. This concern was magnified in Ontario after a quadruple fatality involving a scaffolding accident…more

Canada, OHSA

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Jared Smith

Windows XP Use May Violate HIPAA Starting April 8, 2014

If you use Windows XP on April 8, you will be easily susceptible to cyber-attacks and violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)…more

Cyber Attacks, Cybersecurity, Data Protection, HIPAA

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Scott Smith

Municipal Law and Finance: Personal Property Tax Reform

Personal Property Tax Reform Background - Grand Rapids city leaders in cooperation with leaders from Ottawa and Kent Counties, Wyoming, and the Grand Valley Metropolitan Council worked with the Lieutenant Governor’s…more

Property Tax, State Taxes, Tax Reform

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Matthew Snider

Intellectual Property Legal News - June 3, 2013 • Volume 1, Number 3

In This Issue: - CANADA’S LONG-AWAITED COPYRIGHT MODERNIZATION TAKES EFFECT: To much fanfare and after years of debate and consultation, the government of Canada passed the most important reforms to Canadian…more

Canada, Copyright Modernization Act, First Sale Doctrine, Infringement, Patent Exhaustion

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M. Kimberly Stagg

OESA Legal Corner E-Mail Troubles: Can Your Company’s Handbook Help You in Employment Litigation?

Have you ever considered whether your company has a right to use an employee’s e-mail communications with his or her attorney conveyed through your company’s system? A company’s defense in an employment lawsuit can be impacted…more

Adverse Employment Action, Email, Email Policies, Employee Handbooks, Employee Rights

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Robert Stocker, II

Sixth Circuit Grants Stay in Lansing, Michigan, Off-Reservation Casino Case

In an order issued on February 24, 2014, the United States Court of Appeals for the Sixth Circuit granted a stay of its decision in State of Michigan v. The Sault Ste. Marie Tribe of Chippewa Indians (Sixth Circuit Case No…more

Gaming, Indian Gaming, SCOTUS, Sovereign Immunity

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Larry Stringer

Immigration Law Alert - April 2013

A number of current immigration matters deserve your attention and consideration: 1. USCBP Announces the Advent of the Paperless Form I-94 for Air and Sea Arrivals, Effective April 26, 2013. 2. Immigration Reform –…more

Customs and Border Protection, Form I-94, H1-B, I-9, Immigration Reform

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Patrick Sullivan

Glendale City Council Softens Stance on Tohono O’Odham Casino

After years of losses in court and an estimated $3 million in legal fees, the Glendale, Arizona City Council appeared to ease its opposition to the location of an Indian casino in Glendale within the Phoenix metropolitan area…more

Casinos, Gambling

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Jack Tadman

Gaming Legal News - February 2014 • Volume 7, Number 4: Digital Currency Identified As An “Emerging Risk” In The Canadian Federal Government’s 2014 Budget

On February 11, 2014, the Canadian Federal Government released its 2014 Budget. In the 2014 Budget, the Federal Government pledged to introduce legislative amendments to strengthen Canada’s anti-money laundering and terrorist…more

Anti-Money Laundering, Bitcoins, Canada, Terrorism Funding, Virtual Currency

See All Updates »

Kelly Telfeyan

Tennessee Insurance Legal News - June 2013 • Volume 2, Number 2

In This Issue: - TENNESSEE ATTORNEY GENERAL HOLDS THAT TENNESSEE STATUTE PROHIBITING PREFERENCES OR DISTINCTIONS IN CERTAIN INSURANCE TRANSACTIONS IS NOT UNCONSTITUTIONAL: In its April 24, 2013 opinion, the…more

Anti-Discrimination Policies, Bodily Injury, Breach of Duty, Commercial General Liability Policies, Damages

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Denise Troy

Arizona Legislature Adds New Limits On Indemnification In Public Construction Contracts

For many years, the Arizona Little Miller Act and the Arizona Procurement Code (A.R.S. § 34–226 and A.R.S. § 41-2586, respectively) prohibited a party from being indemnified, held harmless or defended to the extent of its own…more

Construction Contracts, Contractors, Indemnification, Negligence, P3s

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Wendy Underwood

The Dodd-Frank Act And Municipal Advisor Rules

The Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) was signed into law by President Obama on July 21, 2010. The Dodd-Frank Act was enacted in response to the financial crisis that began in 2008…more

Compliance, Dodd-Frank, Enforcement, Municipal Advisers, Municipalities

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Sara Engle von Bernthal

Saving Superwoman

Superwoman has a familiar face. She is the woman in the mirror, and she dwells in the millions of other working women struggling to balance a challenging career with the demands of family, friends and managing a household – all…more

Law Practice Management, Women in the Law

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Kevin J. Weber

Gaming Legal News - February 2014 • Volume 7, Number 4: Digital Currency Identified As An “Emerging Risk” In The Canadian Federal Government’s 2014 Budget

On February 11, 2014, the Canadian Federal Government released its 2014 Budget. In the 2014 Budget, the Federal Government pledged to introduce legislative amendments to strengthen Canada’s anti-money laundering and terrorist…more

Anti-Money Laundering, Bitcoins, Canada, Terrorism Funding, Virtual Currency

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Michael Weinczok

Supreme Court of Canada Upholds Priority for DIP Lenders in CCAA Proceedings

Overview - On February 1, 2013, the Supreme Court of Canada (the “SCC”) affirmed the priority granted to Debtor-In-Possession (“DIP”) lenders who provide capital to debtor companies undergoing the restructuring process…more

Chapter 11, Constructive Trusts, Debtors-in-Possession, Fiduciary Duty, Indalex

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Adam Wenner

DOJ Antitrust Division Continues To Pursue Employers Engaged in Efforts to Restrict Employee Job Change

On November 16, the DOJ Antitrust Division filed an antitrust action against eBay, alleging that "[s]enior executives at eBay and Intuit entered into an evolving ‘handshake’ agreement . . . [that] prohibited either company from…more

Adobe, DOJ, eBay, Employee Solicitation, Intuit

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Dennis J. Whittlesey

Casino Location Impacts Long-Term Success

Location, location, location is a well-established mantra in the real estate business. Tribal casinos are not exempt – particularly in California, where tribal casinos are a dominating influence in the state’s gaming industry…more

Casinos

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Richard Wilhelm

Automotive Legal News - May 2013 • 2nd Quarter

IN THE ISSUE: - The Legal Challenge to the SEC’s Conflict Minerals Reporting Regulations: In the 2010 Dodd-Frank Act, the United States Congress required, inter alia, the SEC to promulgate regulations requiring…more

Attorney-Client Privilege, Automotive Industry, Conflict Mineral Rules, Dodd-Frank, Email

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Rose Willis

Windows XP Use May Violate HIPAA Starting April 8, 2014

If you use Windows XP on April 8, you will be easily susceptible to cyber-attacks and violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)…more

Cyber Attacks, Cybersecurity, Data Protection, HIPAA

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Bradley Wyatt

SEC Adopts Long-Awaited Final Rule Removing Ban On General Solicitation In Rule 506 Private Offerings

On July 10, 2013, the SEC adopted a “game changing” new final rule that lifts an 80-year-old ban on general solicitation and advertising for certain private securities offerings. Previously, investors conducting private…more

Advertising, Dodd-Frank, General Solicitation, JOBS Act, Marketing

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Kathy Zelenock

Commercial Mortgage Options Expanding – Borrowers to Benefit?

Anyone working in the commercial real estate mortgage industry in the past five or six years is eager for signs of a sustained recovery. Having just returned from the Mortgage Bankers Association Commercial Real Estate Finance…more

Borrowers, CMBS, Commercial Mortgage Securitization, Commercial Real Estate Market, Fannie Mae

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