Dickinson Wright

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500 Woodward Avenue
Suite 4000
Detroit, Michigan 48226-3425, United States
Contact: Michael Kolb, Chief Information Officer
Phone: 313-223-3500
Fax: 313-223-3598
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Arizona
  • D.C.
  • Florida
  • Kentucky
  • Michigan
  • Nevada
  • Ohio
  • Tennessee
  • Texas
Other Countries
  • Canada
Number of Attorneys
400+ Attorneys

Federal Circuit Clarifies Post-America Invents Act “On-Sale” Bar Based on Publicly Announced Sale Agreements: Invalidates Four Anti-Nausea Drug Patents

On May 1st, the Federal Circuit ruled that the America Invents Act (AIA) did not change the statutory meaning of “on sale” where the existence of a sale was publicly announced prior to patenting, even if the sale did not…more

America Invents Act, ANDA, Intellectual Property Protection, On-Sale Bar, Patent Infringement

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Supreme Court to Take on Trademark Tacking

In trademark disputes, parties may battle over who was the first to use the mark. In other words, each party wants to establish that it is the “prior user”. One way to establish priority is through a doctrine called “tacking”,…more

Certiorari, Hana Bank, Hana Financial, Hana Financial v Hana Bank, Prior User

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Trump Administration Announces Changes to the H-1B Program

In connection with the Trump Administration’s desire to crack-down on its perceived misuse of the H-1B visa category, various U.S. government agencies have announced a coordinated effort in re-interpreting regulations as well as…more

DHS, DOL, Foreign Workers, H-1B, Highly-Skilled Workers Visa

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The Seventh Circuit Court of Appeals Rules Title VII Of The Civil Rights Act of 1964 Prohibits Sexual Orientation Discrimination

On April 4, 2017 the U.S. Court of Appeals for the Seventh Circuit ruled in Hively v. Ivy Tech Community College of Indiana (Docket No. 15-1720) that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the…more

Civil Rights Act, Discrimination, Employment Litigation, Gender Identity, LGBT

See all updates »

The Auto Industry’s Safety Whistleblower Program: What You Need To Know

The Motor Vehicle Safety Whistleblower Program that originally passed through the U.S. Senate last summer but stalled in the House of Representatives has finally been signed into law by President Obama as part of the Fixing…more

Automotive Industry, Department of Transportation (DOT), Fixing America’s Surface Transportation Act (FAST Act), MAP-21, Motor Vehicle Safety Whistleblower Program (MVSWP)

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Dickinson Wright Defends Trek, Inc. – An Industrial Equipment Supplier – Against A Motion To Dismiss Or Transfer

John S.Artz (Member, Troy) and Chelsea M. Smialek (Associate, Washington, D.C.), successfully defended against a motion to dismiss or transfer based on the first-to-file doctrine in a dispute between two suppliers of industrial…more

Breach of Contract, Computer Fraud and Abuse Act (CFAA), IP Litigation, Misappropriation, Motion to Dismiss

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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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Franchise and Distribution News - March 2017

Is your dispute, subject to arbitration under your Franchise Agreement, going to be litigated in court? As we all know, using arbitration clauses in commercial agreements is pretty commonplace—particularly in the franchise…more

Arbitration, Canada, Franchise Agreements, Franchise Disclosure Document, Franchisors

See all updates »

Homeowners Who Purchase Directly from Homebuilders May Seek Recovery of Attorneys’ Fees on Claims for Breach of the Implied Warranty of Workmanship and Habitability

Three things have long been settled law in Arizona regarding residential construction: (1) a homebuilder owes a homeowner an implied warranty of workmanship and habitability with regard to the construction of the home; (2) the…more

Appeals, Construction Contracts, Contract Disputes, Fee-Shifting, Homeowners

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Department of Labor announces the final overtime rule. Is your business ready?

On May 17, 2016, the U.S. Department of Labor (“DOL”) announced the final rule updating the requirements for employees to qualify for exemptions from the overtime requirements under the Fair Labor Standards Act (“FLSA”). The…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

See all updates »

The End to Discounts for Transfers of Interests in Family Business Entities

The ability to use transfer and liquidation restrictions in legal documents to reduce the value of an interest in a family-controlled (or “closely-held”) business entity (e.g., partnership, corporation, limited liability…more

Business Succession, Business Valuations, Closely Held Businesses, Comment Period, Estate Planning

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Three Questions from the Supreme Court’s Decision on “Offensive” Trademarks

Last week the Supreme Court ruled that the Trademark Office may not refuse federal registration to a trademark merely because the mark is “disparaging.” The decision has attracted a lot of media attention, much of it inaccurate,…more

Disparagement, First Amendment, Free Speech, Lanham Act, Matal v Tam

See all updates »

Education Newsletter Volume 1, Number 1: Arizona Senator Introduces Bill to Expand the Rights of Student Speech

This session, Arizona Senate Majority Leader Kimberly Yee (R-Phoenix) introduced Senate Bill 1384 to expand the rights of student journalists. If passed would grant both high school and college level student journalists the…more

Charter Schools, Credit Ratings, Educational Institutions, Employment Records, Equal Access

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Charitable Organizations And Political Activities

Recent media attention has been given to proposals to repeal the prohibition on political activities by charitable organizations exempt from taxation under IRC 501(c)(3) – commonly referred to as the “Johnson Amendment”. While…more

501(c)(3), Charitable Organizations, Internal Revenue Code (IRC), IRS, Political Contributions

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SCOTUS: Statistical or Representative Evidence Can Be Used In Class and Collective Actions

Class and collective action plaintiffs can establish liability through statistical or “representative” evidence, the U.S. Supreme Court ruled in Tyson Foods, Inc. v. Bouaphakeo, released last week. The decision could have…more

Admissible Evidence, Calculation of Damages, Class Action, Class Certification, Rule 23(b)(3)

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Be Careful What and Who You Tell: Limitations on Defense Counsel Reporting

Almost 40 years ago the Arizona Supreme Court issued an opinion which has had a far-reaching impact on how insurance defense counsel report to the defending carrier…more

Confidential Communications, Disclosure, Insurance Industry, Insurance Litigation, Litigation Strategies

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Nationwide Injunction Halts Department of Labor’s Overtime Expansion

New overtime regulations under the Fair Labor Standards Act set to go into effect on December 1, 2016, have been halted by a federal court in Texas. In State of Nevada v. U.S. Department of Labor, the court granted a preliminary…more

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

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Avoiding Illegal Termination of Employees in Nevada

One of the many challenges for employers is that, occasionally, employees must be terminated. Unfortunately, sometimes those former employees claim to have been terminated illegally, giving rise to the risk of legal and…more

Adverse Employment Action, At-Will Employment, Disability Discrimination, Employer Liability Issues, Gender Discrimination

See all updates »

CSA Announces Amendments to National Instrument (NI) 45-106

On February 19, 2015, the Canadian Securities Administrators (“CSA”) announced the adoption of changes to the accredited investor and minimum amount investment prospectus exemptions, among other changes. The amendments are…more

Accredited Investors, Canada, Canadian Securities Administration, Exemptions, Financial Adviser

See all updates »

Ontario Introduces 15% Tax on Foreign Real Estate Buyers

The Ontario government announced a new proposal to impose a 15 percent tax on purchases of residential real estate by foreign buyers as part of its Fair Housing Plan. Similar to the foreign buyer tax enacted last year by the…more

Agricultural Land, Canada, Citizenship, Foreign Investment, Foreign Nationals

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Arizona's Paid Sick Day Requirements - Effective July 1, 2017

As you may be aware, Arizona’s new paid sick time law goes into effect on July 1, 2017. Under the new law A.R.S. §§ 23-371 to -375 (“Statute”), all employees, including full-time, part-time, exempt and non-exempt, are entitled…more

New Legislation, Paid Leave, PTO, Sick Leave, Wage and Hour

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Canadian Bankruptcy Considerations in Factoring Transactions

Factoring transactions, in which a buyer purchases outright or acquires an interest in a seller’s accounts receivable, are becoming increasingly common. Initially, the buyer must determine whether the transaction is to be…more

Bankruptcy Insolvency Act (BIA), Buyers, Canada, CCAA, Clawbacks

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Election Results: 4 States Pass Adult Use Marijuana Ballot Initiatives, 1 State Fails; 4 States Pass Medical Marijuana Ballot Initiatives, 0 States Fail

On November 8, 2016, residents in 9 states voted on ballot initiatives to legalize adult use or medicinal marijuana. Arizona, California, Maine, Massachusetts, and Nevada voted to decide whether to legalize marijuana for adult…more

Ballot Measures, Decriminalization of Marijuana, Marijuana, Medical Marijuana

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Governmental Entities Should Identify and Remove Potential ADA Accessibility Barriers on their Websites

Governmental entities need to be wary of law firms claiming to represent unidentified web users who allege that the entity’s website violates the Americans with Disabilities Act (ADA) because of accessibility barriers for…more

ADA, Advanced Notice of Proposed Rulemaking (ANPRM), Demand Letter, DOJ, Government Entities

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Transfer On Death Accounts And Deeds vs. Living Trust

A question I am often asked is, “If I have designated my various financial accounts as transfer on death (TOD), or payable on death (POD), and I have a transfer on death deed on my house, why do I need a Living Trust?” While it…more

Beneficiary Designations, Deed of Trust, Living Trust, Payable on Death Clauses, Real Estate Transfers

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U.S. Supreme Court “Clarifies” Multi-Component Indirect Infringement

In the recently decided case of Life Technologies Corp. v. Promega Corp., 580 U.S. __ (2017), the Supreme Court evaluated when a party that provides some part – but not all – of a patented invention can be liable for induced…more

Component Parts Doctrine, Induced Infringement, Life Technologies Corp v Promega Corp, Patent Infringement, Patents

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HHS’S New Anti-Discrimination Regulation Proposal Explained – Part 2

This is the second part in a two-part series about the HHS’s proposed anti-discrimination regulations - Gender Identity. Another area addressed in the regulations is “gender identity,” which refers to an individual’s…more

ADA, Affordable Care Act, Discrimination, Gender Identity, Grievance Process

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Department of Labor announces the final overtime rule. Is your business ready?

On May 17, 2016, the U.S. Department of Labor (“DOL”) announced the final rule updating the requirements for employees to qualify for exemptions from the overtime requirements under the Fair Labor Standards Act (“FLSA”). The…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

See all updates »

U.S. Supreme Court Limits the Exercise of Specific Personal Jurisdiction by State Courts

The U.S. Supreme Court recently tightened the reins when it comes to state courts’ exercise of case-based, specific personal jurisdiction over out-of-state companies. In Bristol-Myers Squibb Co. v. Superior Court of California,…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Class Action, Due Process, Forum Shopping, Fourteenth Amendment

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AIA Releases 2017 Construction and Design Agreements

At the end of last month, the American Institute of Architects (“AIA”) released several revised documents including the primary agreements between the owner and contractor and the owner and architect. Many of the revisions are…more

American Institute of Architects, Architects, Construction Contracts, Construction Industry, Contract Terms

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Healthcare Newsletter: Volume 6, Number 1

Recent Developments in Mental Health Benefit Denials - The Mental Health Parity and Addiction Equity Act (Parity Act) requires health plans to provide the same coverage for mental health conditions as they provide for…more

Audits, FTC, Health Care Providers, HIPAA, Insurance Industry

See all updates »

New Michigan Law Allows Drainage Districts to Issue Term Bonds

Michigan drainage districts can issue term bonds for their projects under a new law signed by Gov. Rick Snyder on March 1…more

Bond Financing, Governor Snyder, Municipal Bonds, Public Utility

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Drafting In The Details

The Fifth Circuit Court of Appeals recently affirmed that the devil really is in the details in a case that illustrates the importance of ensuring that deal documents accurately reflect the parties’ agreed upon terms with…more

Contract Negotiations, Contract Terms, Letters of Intent, Sale of Assets, Shareholders

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The Seventh Circuit Court of Appeals Rules Title VII Of The Civil Rights Act of 1964 Prohibits Sexual Orientation Discrimination

On April 4, 2017 the U.S. Court of Appeals for the Seventh Circuit ruled in Hively v. Ivy Tech Community College of Indiana (Docket No. 15-1720) that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the…more

Civil Rights Act, Discrimination, Employment Litigation, Gender Identity, LGBT

See all updates »

Trump Administration Announces Changes to the H-1B Program

In connection with the Trump Administration’s desire to crack-down on its perceived misuse of the H-1B visa category, various U.S. government agencies have announced a coordinated effort in re-interpreting regulations as well as…more

DHS, DOL, Foreign Workers, H-1B, Highly-Skilled Workers Visa

See all updates »

Intellectual Property Legal News: Volume 2, Number 1

TEVA PHARMACEUTICALS: IS IT TIME TO RETHINK HOW YOU WILL ARGUE CLAIM CONSTRUCTION? The United States Supreme Court decided in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. that the Federal Circuit must review all subsidiary…more

Claim Construction, Clear Error Standard, De Novo Standard of Review, Extrinsic Evidence, Indefiniteness

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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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IRS Warns Tax Professionals to Be Alert About New Email Scam As 2016 Filing Season Begins

The Internal Revenue Service has warned tax professionals, as the 2016 filing season begins, to be alert to a new email scam by cybercriminals posing as clients soliciting their services. The scam is a variation of a phishing…more

Cybersecurity, Email, IRS, Popular, Scams

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Department of Labor announces the final overtime rule. Is your business ready?

On May 17, 2016, the U.S. Department of Labor (“DOL”) announced the final rule updating the requirements for employees to qualify for exemptions from the overtime requirements under the Fair Labor Standards Act (“FLSA”). The…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

See all updates »

CSA Announces Amendments to National Instrument (NI) 45-106

On February 19, 2015, the Canadian Securities Administrators (“CSA”) announced the adoption of changes to the accredited investor and minimum amount investment prospectus exemptions, among other changes. The amendments are…more

Accredited Investors, Canada, Canadian Securities Administration, Exemptions, Financial Adviser

See all updates »

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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“Giving Offense is a Viewpoint”: Supreme Court Holds It Is Viewpoint Discrimination to Deny Trademark Protection for Allegedly Offensive Marks

In a decision that is being heralded as a victory for First Amendment freedoms, the United States Supreme Court struck down the so-called disparagement provision of the Lanham Act, 15 U.S.C. §1052(a), on the basis that the law…more

Disparagement, First Amendment, Free Speech, Lanham Act, Matal v Tam

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Are You Exempt? FDA Announces Waivers for Certain Businesses Subject to the Sanitary Transportation Rule

The FDA Food Safety Modernization Act (FSMA) rule on Sanitary Transportation of Human and Animal Food is now final and on April 5, 2017, the FDA published three waivers for certain qualifying businesses. The Sanitary…more

Animal Food, Common Carriers, Department of Transportation (DOT), FDA, Food Safety

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Healthcare Legal News: Vol 7, Number 1

Expansion Of Practice Autonomy Of Physician Assistants - As part of a flurry of activity at the end of 2016, Public Act 379 was enacted by the Michigan legislature and signed by Governor Snyder. That Act amends various…more

501(c)(3), Incentive Compensation, Internal Revenue Code (IRC), IRS, Physician Assistants

See all updates »

Franchise and Distribution News - March 2017

Is your dispute, subject to arbitration under your Franchise Agreement, going to be litigated in court? As we all know, using arbitration clauses in commercial agreements is pretty commonplace—particularly in the franchise…more

Arbitration, Canada, Franchise Agreements, Franchise Disclosure Document, Franchisors

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Analysis: Cyber-Monitoring: The Next Frontier

Cybersecurity is “hot” and will stay “hot” for corporations, executives, regulators, law enforcement and legislators. Rarely is there a corporate compliance discussion in 2017 where cyber isn’t “the” topic or a material part of…more

Corporate Governance, Cybersecurity, Cybersecurity Framework, Enforcement Actions, FTC

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Resolve to Strengthen Your IP Rights: Foolproof Exercises for 2017

Protecting your intellectual property has never been easier or more cost-effective, even if you engage outside counsel. Whether you are positioning your company for sale or expansion or simply want to step up your game, here is…more

Copyright, Copyright Infringement, Copyright Registration, Domain Names, gTLD

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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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Gaming & Hospitality Legal News: Volume 10, Number 5

Recreational Pot Comes to Nevada... But Why Are The Shelves Empty? On July 1, 2017, Nevada became the fifth state in the United States to legalize the sale of recreational marijuana. The epicenter of “what happens here, stays…more

Decriminalization of Marijuana, Dispensaries, Gambling, Gaming, Gaming Control Boards

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Update on 2704 Proposed Regulations and Impact on 2016 Gift Tax Reporting

Following the December 1, 2016 public hearing, the IRS reportedly began working on revisions to and clarifications of the new 2704 proposed regulations. While the uproar from the estate planning and accounting communities was…more

Estate Planning, Executive Orders, Family Businesses, Gift Tax, IRS

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Gaming & Hospitality Legal News: Volume 10, Number 5

Recreational Pot Comes to Nevada... But Why Are The Shelves Empty? On July 1, 2017, Nevada became the fifth state in the United States to legalize the sale of recreational marijuana. The epicenter of “what happens here, stays…more

Decriminalization of Marijuana, Dispensaries, Gambling, Gaming, Gaming Control Boards

See all updates »

Tennessee Insurance Legal News: Volume 3, Number 3

Declaratory Judgment Action Interpreting the "Land Motorized Vehicle" Exclusion - In Tennessee Farmers Mutual Insurance Co. v. Simmons, No. E2013-01419-COA-R30-CV (Tenn. Ct. App. July 15, 2014), the Tennessee Court of…more

Appeals, ATV Accidents, Bodily Injury, Duty to Defend, Motor Carrier Act

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Determination Of Joint-Employer Status Of Educational Service Provider And Public School Academy

On March 28, 2014, the Michigan Alliance of Charter Teachers and Staff (“ACTS”) and the American Federation of Teachers (“AFT”) (collectively the “Union”) filed an election petition to organize a collective bargaining unit,…more

NLRA, NLRB, Private Schools, Public Schools, Teachers

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Sixth Circuit Joins Appellate Courts Holding That The Absolute Priority Rule Applies In Individual Chapter 11 Cases

A little over a year ago, I authored an article addressing the question of whether the “Absolute Priority Rule” applied to Chapter 11 bankruptcy cases filed by an individual. That article, which focused on the decision of the…more

Absolute Priority Rule, Chapter 11, Commercial Bankruptcy

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If Timely Notice is Given, the Cost to Correct a 401(k) Exclusion Error May Be Reduced

Occasionally, an employer may determine that it did not withhold deferral contributions for a new employee in accordance with the terms of its 401(k) plan. If the plan has an automatic enrollment feature, and the error is found…more

401k, Corrective Actions, Defined Contribution Plans, Employee Benefits, Retirement Plan

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AODA in Brief

The Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) which serves as the framework for the Accessibility Standards for Customer Service (the “Customer Service Standard”) and the Integrated Accessibility Standards…more

Accessibility Rules, AODA, Canada

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The Department of Labor Confirms June 9th as the Effective Date of the Fiduciary Rule: What Employers Need to Know Now

On May 22, 2017, Secretary of Labor Jim Acosta announced that, after having been delayed 60 days, the Department of Labor’s (“DOL”) Conflict of Interest Rule (“Fiduciary Rule”) will largely apply on June 9, 2017. At that time,…more

Best Interest Contract Exemptions, Conflicts of Interest, DOL, Employee Benefits, ERISA

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Franchise and Distribution News - March 2017

Is your dispute, subject to arbitration under your Franchise Agreement, going to be litigated in court? As we all know, using arbitration clauses in commercial agreements is pretty commonplace—particularly in the franchise…more

Arbitration, Canada, Franchise Agreements, Franchise Disclosure Document, Franchisors

See all updates »

IRS Scrutiny of Plan Loans Increases, But IRS Provides Helpful Guidance

The Internal Revenue Service has increased its level of scrutiny on the limitations imposed on participant loans from defined contribution retirement plans. Internal Revenue Code Section 72(p) generally limits a participant’s…more

Defined Contribution Plans, Employee Benefits, IRS, Popular, Retirement Plan

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KNOWN UNKNOWNS about Federal Tax Laws and Regulations

The new administration in Washington, supported by Republican majorities in Congress, has pledged substantial changes to federal tax laws and regulations. One change may - or may not - be the complete elimination of federal…more

Estate Tax, Family Businesses, Generation-Skipping Transfer, Gift Tax, Internal Revenue Code (IRC)

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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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IRS issues Rev. Proc. 2017-34 to Extend Time to Make Portability Election

For individuals dying after December 31, 2010, Section 2010(c) of the Internal Revenue Code provides that the unused estate tax exemption of the first deceased spouse is “portable” between spouses at death. Under this law, a…more

Estate Tax, Estate-Tax Exemption, IRS, Portability, Tax Exemptions

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Recent Developments in Mental Health Benefit Denials

The Mental Health Parity and Addiction Equity Act (Parity Act) requires health plans to provide the same coverage for mental health conditions as they provide for physical conditions, and that financial Requirements and…more

Benefit Plan Reimbursements, ERISA, Health Care Providers, Health Insurance, Insurance Litigation

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New Rules Affecting Passports Will Help IRS Collect Tax Debts

The Internal Revenue Service has a powerful new tool to help collect tax debts from individuals applying for or using passports for international travel. The new provisions allow the IRS to coordinate with the U.S. State…more

Fixing America’s Surface Transportation Act (FAST Act), International Travel, IRS, Passports, Tax Debt

See all updates »

Healthcare Legal News: Vol 7, Number 1

Expansion Of Practice Autonomy Of Physician Assistants - As part of a flurry of activity at the end of 2016, Public Act 379 was enacted by the Michigan legislature and signed by Governor Snyder. That Act amends various…more

501(c)(3), Incentive Compensation, Internal Revenue Code (IRC), IRS, Physician Assistants

See all updates »

SEC Releases Crowdfunding Rules for Securities Offerings

Investors will be able to purchase securities through internet crowdfunding platforms under new final rules released by the Securities and Exchange Commission (SEC) in October. The final rules, known as “Regulation…more

Crowdfunding, Disclosure Requirements, Internet, Investors, JOBS Act

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U.S. and China Reach Agreement to Issue Extended Visas

Effective today the U.S. Department of State has extended the maximum visa validity period from one (1) to ten (10) years for Chinese nationals seeking a B-1/B-2 (business/tourist) visitor visa. This change comes on the heels of…more

China, Reciprocity Rules, US Department of State, Visas

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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 Efficiency, Energy Sector, School Districts, Solar Energy

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HR, Payroll, Finance Department Beware: Renewed IRS W-2 Phishing Scam Alert

The Internal Revenue Service and other agencies recently issued an urgent reminder Alert warning of a sophisticated scam to obtain confidential information and in some cases, fraudulent cash wire transfer payments. Scammers…more

Cyber Crimes, Email, Hospitals, Human Resources Professionals, IRS

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EEOC Proposes to Require Employers to Report Pay Data for Employees

For several years, the U.S. Equal Employment Opportunity Commission (EEOC) and others have raised concerns about unequal pay for women and minorities. These concerns led to the Lilly Ledbetter Fair Pay Act and are still being…more

EEO-1, EEOC, Equal Pay, Federal Contractors, Lilly Ledbetter

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Before Your Nonprofit Health System Considers a Merger – Three Important Board Preps

The Governing Board of every nonprofit health system considering a merger, change in control, sale or significant affiliation has a key role in the process and needs to be engaged throughout the planning, research, evaluation,…more

Board of Directors, Change in Control, Change in Ownership, Conflicts of Interest, Health Care Providers

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Phishing Lures: What To Do If You’ve Taken The Bait - U.S. Version

Sometimes, it’s easy to know you’re being phished. There’s little chance that a bank administrator in a country you’ve never heard of really needs your help to get the unclaimed money of a deceased, rich foreigner out of the…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach, Email

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Phishing Lures: What To Do If You’ve Taken The Bait - U.S. Version

Sometimes, it’s easy to know you’re being phished. There’s little chance that a bank administrator in a country you’ve never heard of really needs your help to get the unclaimed money of a deceased, rich foreigner out of the…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach, Email

See all updates »

Franchise and Distribution News - March 2017

Is your dispute, subject to arbitration under your Franchise Agreement, going to be litigated in court? As we all know, using arbitration clauses in commercial agreements is pretty commonplace—particularly in the franchise…more

Arbitration, Canada, Franchise Agreements, Franchise Disclosure Document, Franchisors

See all updates »

Computer Surveillance by Employers: Finding the Balance between Business Interests and Employee Privacy Rights

As the use of computers and computer activity becomes more pervasive in the workplace, employers are facing new challenges. Generally speaking, greater network connectivity should be welcomed by employers. However, the use of…more

Employee Monitoring, Employment Policies, Invasion of Privacy, Mobile Device Management, Popular

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Minimizing Federal Income Tax on Sale of Qualified Small Business Stock

A taxpayer who is considering the sale of certain stock may have the opportunity to exclude or defer part or all of the gain on such sale. To be eligible for the exclusion or deferral, such stock must be “qualified small…more

Capital Gains, Emerging Technology Companies, Internal Revenue Code (IRC), IRA Rollovers, Qualified Small Business Stock

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Election Results: 4 States Pass Adult Use Marijuana Ballot Initiatives, 1 State Fails; 4 States Pass Medical Marijuana Ballot Initiatives, 0 States Fail

On November 8, 2016, residents in 9 states voted on ballot initiatives to legalize adult use or medicinal marijuana. Arizona, California, Maine, Massachusetts, and Nevada voted to decide whether to legalize marijuana for adult…more

Ballot Measures, Decriminalization of Marijuana, Marijuana, Medical Marijuana

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Tax Reform 2017 - Will it Ever Come?

For tax attorneys, tax reform is always a hot topic. President Trump was elected with GOP majorities in both chambers of Congress, which would normally make the forecast for tax reform actually being enacted favorable…more

Corporate Taxes, Income Taxes, Popular, Tax Deductions, Tax Rates

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FTC Announces New, Elevated 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

Filing Fees, FTC, Hart-Scott-Rodino Act, Jurisdiction, Pre-Merger Filing Requirements

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Do you have to file a gift tax return (Form 709) for 2016?

If you made a gift to one individual in excess of $14,000 during 2016 (or $28,000 if you are married and you and your spouse agreed to "gift split"), then you will likely be required to file a gift tax return…more

Gift Tax, Income Taxes, IRS, Required Forms, Tax Returns

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Canadian Government Seeks Input for Innovation Agenda

In September 2015 a new government was elected in Canada, on a platform of significant change. Its first budget, tabled last March, outlines its plan for implementation of that change. A significant part of the budget – upwards…more

Canada, First Nations, Green Technology, Innovation, Legislative Agendas

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FDIC Highlights Brokered Deposits

At the start of 2015, the Federal Deposit Insurance Corporation ("FDIC") has issued new guidance for banks and other insured depository institutions ("banks") regarding brokered deposits. In a series of frequently asked…more

Banking Sector, Banks, Brokered Deposits, FDIC, New Guidance

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Proposed Changes to Ontario Employment and Labour Laws

On May 23, 2017, the Government of Ontario’s Special Advisors released their Final Report from the Changing Workplaces Review (the Final Report) which outlines 173 recommendations to amend the Employment Standards Act (Ontario)…more

Bargaining Units, Canada, Employment Standards Act, Equal Pay, Gig Economy

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Trump Administration Announces Changes to the H-1B Program

In connection with the Trump Administration’s desire to crack-down on its perceived misuse of the H-1B visa category, various U.S. government agencies have announced a coordinated effort in re-interpreting regulations as well as…more

DHS, DOL, Foreign Workers, H-1B, Highly-Skilled Workers Visa

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Proposed Changes to Ontario Employment and Labour Laws

On May 23, 2017, the Government of Ontario’s Special Advisors released their Final Report from the Changing Workplaces Review (the Final Report) which outlines 173 recommendations to amend the Employment Standards Act (Ontario)…more

Bargaining Units, Canada, Employment Standards Act, Equal Pay, Gig Economy

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Recent Tax Court Cases Serve As Reminder Of Tax Risks Of Shareholder Guarantees Of Loans To S Corporations

Two recent Tax Court cases are reminders that shareholder guarantees of loans to an S corporation do not generally create basis that can be used by the shareholder to deduct losses. Under Internal Revenue Code §§1366(d)(1)(A)…more

Guaranty Claims, IRS, Loans, S-Corporation, Shareholders

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The End to Discounts for Transfers of Interests in Family Business Entities

The ability to use transfer and liquidation restrictions in legal documents to reduce the value of an interest in a family-controlled (or “closely-held”) business entity (e.g., partnership, corporation, limited liability…more

Business Succession, Business Valuations, Closely Held Businesses, Comment Period, Estate Planning

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Bill C-290 Losing Steam

Bill C-290 is a private member’s bill which would alter the Canadian Criminal Code to allow for provincial lottery corporations to offer single-game sports betting. Despite passing through the House of Commons unanimously,…more

Bill C-290, Canada, Criminal Code, Lottery, Pending Legislation

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CSA Announces Amendments to National Instrument (NI) 45-106

On February 19, 2015, the Canadian Securities Administrators (“CSA”) announced the adoption of changes to the accredited investor and minimum amount investment prospectus exemptions, among other changes. The amendments are…more

Accredited Investors, Canada, Canadian Securities Administration, Exemptions, Financial Adviser

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Franchise and Distribution News - March 2017

Is your dispute, subject to arbitration under your Franchise Agreement, going to be litigated in court? As we all know, using arbitration clauses in commercial agreements is pretty commonplace—particularly in the franchise…more

Arbitration, Canada, Franchise Agreements, Franchise Disclosure Document, Franchisors

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The Times They Are a-Changin’ – Potential U.S. Tax Reform Implications of the 2016 Elections

As a result of the United States federal elections on November 8, 2016, Donald J. Trump is the president-elect, and the House of Representatives and Senate both will consist of Republican majorities. As a result, it is nearly…more

Estate Tax, Generation-Skipping Transfer, Gift Tax, Income Taxes, Presidential Elections

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Gaming & Hospitality Legal News: Volume 10, Number 5

Recreational Pot Comes to Nevada... But Why Are The Shelves Empty? On July 1, 2017, Nevada became the fifth state in the United States to legalize the sale of recreational marijuana. The epicenter of “what happens here, stays…more

Decriminalization of Marijuana, Dispensaries, Gambling, Gaming, Gaming Control Boards

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Are You Exempt? FDA Announces Waivers for Certain Businesses Subject to the Sanitary Transportation Rule

The FDA Food Safety Modernization Act (FSMA) rule on Sanitary Transportation of Human and Animal Food is now final and on April 5, 2017, the FDA published three waivers for certain qualifying businesses. The Sanitary…more

Animal Food, Common Carriers, Department of Transportation (DOT), FDA, Food Safety

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The New Partnership Audit Rules Are Coming, Have You Checked Your Operating Agreement?

At the end of 2015, the Bipartisan Budget Act of 2015, as amended (the “BBA”), was enacted into law, and will be effective for tax years beginning after 2017. Under the BBA, the rules relating to the audit of partnership tax…more

Audits, Bipartisan Budget Act, Business Taxes, Operating Agreements, Partnerships

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[Event] Agribusiness Expansion Impacts on Wastewater Utilities: How to Plan and Support a Successful Project - Jan. 27th, Grand Rapids, MI

TECHNICAL AND ENGINEERING ISSUES FOR CONSIDERATION WHEN ASSESSING PROJECT VIABILITY David Filipiak and Wayne Langeland, Fishbeck, Thompson, Carr & Huber, Inc…more

Agribusiness, Engineering, Events, Farms, Industrial Discharges

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Canadian Government Seeks Input for Innovation Agenda

In September 2015 a new government was elected in Canada, on a platform of significant change. Its first budget, tabled last March, outlines its plan for implementation of that change. A significant part of the budget – upwards…more

Canada, First Nations, Green Technology, Innovation, Legislative Agendas

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Proposed Changes to Ontario Employment and Labour Laws

On May 23, 2017, the Government of Ontario’s Special Advisors released their Final Report from the Changing Workplaces Review (the Final Report) which outlines 173 recommendations to amend the Employment Standards Act (Ontario)…more

Bargaining Units, Canada, Employment Standards Act, Equal Pay, Gig Economy

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Supreme Court Delays Climate Control Regs

In an unprecedented action, the U.S. Supreme Court has stayed implementation of the Obama administration’s Clean Power Plan regulations. The case is now under review by the U.S. Court of Appeals for the D.C. Circuit, with a…more

Carbon Emissions, Clean Air Act, Clean Power Plan, Climate Change, Coal-Fired Generation

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Update: eDisclosure is Open for Business, December 2015

EPA just announced that its eDisclosure system for reporting environmental audit disclosures and corrections is open for business as of December 9, 2015. Entities who register to file with EPA’s Central Data Exchange will now be…more

Audits, Disclosure Requirements, Environmental Violations, EPA, EPCRA

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What Do You Do If You Receive A Notice From The IRS That Your Tax Return Is Under Audit?

Depending on the amount that may be at issue, call a tax lawyer immediately. A tax lawyer that has handled audits before is able to provide important strategy and structure to the audit that will present your case in the best…more

Income Taxes, Investigations, IRS, Tax Audits, Tax Liability

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The Seventh Circuit Court of Appeals Rules Title VII Of The Civil Rights Act of 1964 Prohibits Sexual Orientation Discrimination

On April 4, 2017 the U.S. Court of Appeals for the Seventh Circuit ruled in Hively v. Ivy Tech Community College of Indiana (Docket No. 15-1720) that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the…more

Civil Rights Act, Discrimination, Employment Litigation, Gender Identity, LGBT

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Franchise & Distribution News - June 2014

In This Issue: - NEW FRANCHISE LEGISLATION IN CANADA: British Columbia, which presently does not have a franchise specific statute, recently took one step closer to implementing such legislation when the British…more

CASL, Commercial Electronic Messages, Contract Disputes, Franchises

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SCOTUS: Statistical or Representative Evidence Can Be Used In Class and Collective Actions

Class and collective action plaintiffs can establish liability through statistical or “representative” evidence, the U.S. Supreme Court ruled in Tyson Foods, Inc. v. Bouaphakeo, released last week. The decision could have…more

Admissible Evidence, Calculation of Damages, Class Action, Class Certification, Rule 23(b)(3)

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U.S. Supreme Court Holds Trademark Registrations Are Free to Disparage

Justice Alito’s summary opinion announced in Court Monday morning, in what has come to be known as the Slants case (Matel v. Tam, 582 U.S. ___ (June 19, 2017), was short and sweet but the trademark applications we can expect in…more

Disparagement, First Amendment, Free Speech, Lanham Act, Matal v Tam

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What Do You Do If You Receive A Notice From The IRS That Your Tax Return Is Under Audit?

Depending on the amount that may be at issue, call a tax lawyer immediately. A tax lawyer that has handled audits before is able to provide important strategy and structure to the audit that will present your case in the best…more

Income Taxes, Investigations, IRS, Tax Audits, Tax Liability

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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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The Department of Labor Confirms June 9th as the Effective Date of the Fiduciary Rule: What Employers Need to Know Now

On May 22, 2017, Secretary of Labor Jim Acosta announced that, after having been delayed 60 days, the Department of Labor’s (“DOL”) Conflict of Interest Rule (“Fiduciary Rule”) will largely apply on June 9, 2017. At that time,…more

Best Interest Contract Exemptions, Conflicts of Interest, DOL, Employee Benefits, ERISA

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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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Update: eDisclosure is Open for Business, December 2015

EPA just announced that its eDisclosure system for reporting environmental audit disclosures and corrections is open for business as of December 9, 2015. Entities who register to file with EPA’s Central Data Exchange will now be…more

Audits, Disclosure Requirements, Environmental Violations, EPA, EPCRA

See all updates »

SEC Releases Crowdfunding Rules for Securities Offerings

Investors will be able to purchase securities through internet crowdfunding platforms under new final rules released by the Securities and Exchange Commission (SEC) in October. The final rules, known as “Regulation…more

Crowdfunding, Disclosure Requirements, Internet, Investors, JOBS Act

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Election Results: 4 States Pass Adult Use Marijuana Ballot Initiatives, 1 State Fails; 4 States Pass Medical Marijuana Ballot Initiatives, 0 States Fail

On November 8, 2016, residents in 9 states voted on ballot initiatives to legalize adult use or medicinal marijuana. Arizona, California, Maine, Massachusetts, and Nevada voted to decide whether to legalize marijuana for adult…more

Ballot Measures, Decriminalization of Marijuana, Marijuana, Medical Marijuana

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The Seventh Circuit Court of Appeals Rules Title VII Of The Civil Rights Act of 1964 Prohibits Sexual Orientation Discrimination

On April 4, 2017 the U.S. Court of Appeals for the Seventh Circuit ruled in Hively v. Ivy Tech Community College of Indiana (Docket No. 15-1720) that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the…more

Civil Rights Act, Discrimination, Employment Litigation, Gender Identity, LGBT

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Contaminated Product Insurance Policy Held Void Due To Insured’s Misrepresentations

A federal appeals court recently held void a product contamination policy issued to H.J. Heinz Company on the basis that Heinz failed to disclose previous contamination claims on its insurance application. In 2014, Heinz…more

Appeals, Applications, Baby Products, Commercial Insurance Policies, Failure To Disclose

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NLRB Ambush Election Rule Withstands an Appeal

An employer-led challenge to the National Labor Relations Board’s 2015 changes to union election rules has been rejected by the 5th U.S. Circuit Court of Appeals. The rejection means that the controversial rule changes –…more

Administrative Authority, Administrative Procedure Act, Agency Deference, Ambush Election Rules, Corporate Counsel

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Healthcare Industry Sees Increase in Malware Attacks

In the last couple of weeks, numerous large health organizations, including hospitals, have been the target of malware attacks. Last night, MedStar, which operates ten hospitals in Washington, D.C. and Maryland was hit with…more

Cybersecurity, Hospitals, Malware, Popular, Ransomware

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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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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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AIA Releases 2017 Construction and Design Agreements

At the end of last month, the American Institute of Architects (“AIA”) released several revised documents including the primary agreements between the owner and contractor and the owner and architect. Many of the revisions are…more

American Institute of Architects, Architects, Construction Contracts, Construction Industry, Contract Terms

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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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[Webinar] Preparing for Mediation: As Important as Preparing for Trial - Jan. 28, 4:00-5:00pm EST

Everyone knows how important it is to prepare for trial; however most “big cases” don’t go to trial, they go to mediation, and choosing the right mediator is just as important as choosing the right trial attorney. This…more

Litigation Strategies, Mediation, Webinars

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Michigan Supreme Court Clarifies Application of the Statute of Limitations to Shareholder Oppression Claims

In the recent case of Frank v Linkner, ___ Mich ___; ___ NW2d ___ (2017), the Michigan Supreme Court clarified that a claim for member oppression under Michigan’s Limited Liability Company Act (“LLCA”), MCL 450.4101 et seq.,…more

Limited Liability Company (LLC), MI Supreme Court, Shareholder Oppression, Shareholders, Statute of Limitations

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Follow up on possible Estate Tax Repeal: Important Basis Planning Technique in Estate Planning

In last week’s Tax Tip our Henry Grix succinctly described the current lay of the land regarding estate tax repeal. This Tax Tip focuses on one narrow but very important aspect in anticipating such action, or possible delayed…more

Carry-Over Basis, Death Tax, Estate Planning, Estate Tax, Fair Market Value

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SEC Releases Crowdfunding Rules for Securities Offerings

Investors will be able to purchase securities through internet crowdfunding platforms under new final rules released by the Securities and Exchange Commission (SEC) in October. The final rules, known as “Regulation…more

Crowdfunding, Disclosure Requirements, Internet, Investors, JOBS Act

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Canadian Bankruptcy Considerations in Factoring Transactions

Factoring transactions, in which a buyer purchases outright or acquires an interest in a seller’s accounts receivable, are becoming increasingly common. Initially, the buyer must determine whether the transaction is to be…more

Bankruptcy Insolvency Act (BIA), Buyers, Canada, CCAA, Clawbacks

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Intellectual Property Legal News: Volume 2, Number 1

TEVA PHARMACEUTICALS: IS IT TIME TO RETHINK HOW YOU WILL ARGUE CLAIM CONSTRUCTION? The United States Supreme Court decided in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. that the Federal Circuit must review all subsidiary…more

Claim Construction, Clear Error Standard, De Novo Standard of Review, Extrinsic Evidence, Indefiniteness

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Michigan’s 2017 Property Tax Assessment Appeal Deadlines Are Approaching

Wednesday, May 31, 2017, is the deadline for filing 2017 petitions with the Michigan Tax Tribunal for property tax appeals involving commercial real property, industrial real property, developmental real property, commercial…more

Agricultural Land, Fair Market Value, Filing Deadlines, Property Tax, Property Valuation

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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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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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Phishing Lures: What To Do If You’ve Taken The Bait - U.S. Version

Sometimes, it’s easy to know you’re being phished. There’s little chance that a bank administrator in a country you’ve never heard of really needs your help to get the unclaimed money of a deceased, rich foreigner out of the…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach, Email

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Health System Paid $2.4 Million Settlement After Identification in a Press Release of a Patient Who Was Engaged in Fraud

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) announced a $2,400,000 settlement with Memorial Hermann Health System (“MHHS”) to resolve an investigation of an unauthorized disclosure of…more

Electronic Medical Records, Health Care Providers, HIPAA, HIPAA Breach, OCR

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Recent Developments in Mental Health Benefit Denials

The Mental Health Parity and Addiction Equity Act (Parity Act) requires health plans to provide the same coverage for mental health conditions as they provide for physical conditions, and that financial Requirements and…more

Benefit Plan Reimbursements, ERISA, Health Care Providers, Health Insurance, Insurance Litigation

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Morris Agreement Ruled Unenforceable In Mechanics’ Lien Dispute

A “Morris agreement” between a title insured and mechanics lien claimants was unenforceable, because the agreement wasn’t an arms-length transaction, and the settlement left the insured without any risk of personal liability,…more

Appeals, Fidelity National Title Insurance Company, Insurance Contracts, Insurance Industry, Mechanics Lien

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Dickinson Wright Successfully Stays Patent Action Pending Ex Parte Reexamination

On April 26, 2017, Dickinson Wright attorneys Bryan Schomer and Frank Smith successfully obtained a stay on behalf of their client, Detroit Edge Tool Co. (DETCO), in a patent infringement matter filed by Genesis Attachments,…more

Ex Partes Reexamination, Patent Infringement, Patent Litigation, Patents, Stays

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The Department of Labor Confirms June 9th as the Effective Date of the Fiduciary Rule: What Employers Need to Know Now

On May 22, 2017, Secretary of Labor Jim Acosta announced that, after having been delayed 60 days, the Department of Labor’s (“DOL”) Conflict of Interest Rule (“Fiduciary Rule”) will largely apply on June 9, 2017. At that time,…more

Best Interest Contract Exemptions, Conflicts of Interest, DOL, Employee Benefits, ERISA

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Gaming Legal News: Volume 8, Number 4

IS GAMING IN THE CARDS FOR THE VOLUNTEER STATE? Dickinson Wright has learned that Tennessee House Representative Jason Powell has submitted a proposed constitutional amendment that could permit casino gaming in Tennessee…more

Canada, Casinos, Constitutional Amendment, Gaming, Gaming Commissions

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AIA Releases 2017 Construction and Design Agreements

At the end of last month, the American Institute of Architects (“AIA”) released several revised documents including the primary agreements between the owner and contractor and the owner and architect. Many of the revisions are…more

American Institute of Architects, Architects, Construction Contracts, Construction Industry, Contract Terms

See all updates »

Detroit Casinos’ April Revenues Decrease from Same Month Last Year

The Michigan Gaming Control Board (“MGCB”) released the revenue and wagering tax data for April 2014 for the three Detroit, Michigan commercial casinos. The three Detroit commercial casinos posted a collective 6.5% decrease in…more

Casinos, Gambling, Gaming, Gaming Commissions

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CSA Announces Amendments to National Instrument (NI) 45-106

On February 19, 2015, the Canadian Securities Administrators (“CSA”) announced the adoption of changes to the accredited investor and minimum amount investment prospectus exemptions, among other changes. The amendments are…more

Accredited Investors, Canada, Canadian Securities Administration, Exemptions, Financial Adviser

See all updates »

Wash Sales

If you own stock that is currently worth less than what you paid for it you might wish to consider selling it and then reacquiring it by purchase -- if you think that the stock has reached its low point but feel that it is…more

Stocks, Wash Sale Rules, Wash Trades

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Gaming & Hospitality Legal News: Volume 10, Number 5

Recreational Pot Comes to Nevada... But Why Are The Shelves Empty? On July 1, 2017, Nevada became the fifth state in the United States to legalize the sale of recreational marijuana. The epicenter of “what happens here, stays…more

Decriminalization of Marijuana, Dispensaries, Gambling, Gaming, Gaming Control Boards

See all updates »

New Legislation: The Forfeited Corporate Property Act

The Forfeited Corporate Property Act, 2015 (“FCPA”) and related changes to the Ontario Business Corporations Act (“OBCA”) received Royal Assent on December 10, 2015 and came into force December 10, 2016. …more

Canada, Commercial Mortgages, Forfeiture Statutes, New Legislation, OBCA

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ABLE Accounts - Savings Tool for Special Needs Individuals

ABLE (Achieving a Better Life Experience Act) accounts have become a popular savings tool for special needs individuals since the ABLE Act became law in December of 2014. Now that such accounts have been in existence for few…more

ABLE Act, Banking Sector, Disabled Children, Savings Accounts, Special Needs Adults

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Moving Forward After TC Heartland v. Kraft Foods

The Supreme Court’s recent opinion in TC Heartland, LLC v. Kraft Foods Group Brands, LLC, overturns almost three decades of Federal Circuit jurisprudence on the issue of where a patent holder may properly file suit. In a…more

Food Manufacturers, Forum Shopping, Intellectual Property Protection, Multidistrict Litigation, Patent Infringement

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Amendments to the Michigan Nonprofit Corporations Act

In January 2015, Governor Snyder signed Michigan Senate Bills 623, 624, and 929, which make significant revisions to the Michigan Nonprofit Corporation Act (MCL 450.2101 – 450.3192) (the “Act”). The purpose of these companion…more

Amended Legislation, Articles of Incorporation, Charitable Purpose, Indemnification, Mergers

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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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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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Preventing Overpayments from becoming False Claims

Overpayments to healthcare providers receiving Medicare reimbursements are at risk of civil and criminal enforcement action if not attuned to a particular reimbursement rule and diligent in compliance with the rule’s…more

60-Day Rule, Affordable Care Act, CMS, False Claims Act (FCA), Health Care Providers

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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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[Webinar] Peeling Back the Curtain: Working with Your Legal Department to Optimize Your Relationship With Your Outside Law Firms - June 2, 5, 10 & 11

The pressure between managing external legal costs and efficient execution of your company’s legal tasks while maintaining a successful relationship with your outside law firms can be a challenge. In this webinar, we examine the…more

Corporate Counsel, Legal Costs, Legal Project Management, Outside Counsel, Request for Proposals

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Analysis of New Timeshare Arrangement Exception to the Stark Law – Part 2

In a previous post, we analyzed the new Timeshare Arrangement exception to the Stark law that CMS proposed and went into effect on January 1, 2016. Here we give an example of how the new timeshare arrangement exception works as…more

CMS, Commercial Leases, Equipment Lease, Stark Law, Timeshare Arrangement

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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

Casinos, Gaming, Indian Gaming, Michigan v Bay Mills Indian Cmty, SCOTUS

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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, H-1B, I-9, Immigration Reform

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Trump Administration Announces Changes to the H-1B Program

In connection with the Trump Administration’s desire to crack-down on its perceived misuse of the H-1B visa category, various U.S. government agencies have announced a coordinated effort in re-interpreting regulations as well as…more

DHS, DOL, Foreign Workers, H-1B, Highly-Skilled Workers Visa

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Alaska Presses D.C. Court of Appeals to Reject Trust Acquisitions in Alaska

The question of whether Alaska Natives may place land in the same federal trust status as Indian tribes in the lower 48 states was widely thought to have been resolved but is now before the Court of Appeals for the District of…more

Alaska Native Claims Settlement Act (ANCSA), Department of the Interior, Indian Tribal Trusts, Tribal Lands, Void and Unenforceable

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Deducting Cost of Assisted Living Facilities

Assisted living facilities for elderly persons (“ALFs”) can be very expensive, but for many taxpayers, the cost can be fully deducted on federal income tax returns as a medical expense if the ALF resident’s health problems rise…more

Assisted Living Facility, Elder Issues, Health Care Providers, Income Taxes, Long Term Care Facilities

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Amendments to Library TIF Legislation

At the end of 2016, a series of bills were enacted into law that allowed library tax increments to be excluded from tax increment capture with respect to a number of authorities. However, the language of the bills was flawed…more

Development Agreements, Libraries, Municipalities, New Legislation, Proposed Legislation

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NAFTA: USTR Summary of Objectives Released July 17, 2017

The North American Free Trade Agreement (NAFTA) modernization process advanced on July 17, 2017 with the release by the Office of the United States Trade Representative (USTR) of the NAFTA negotiating objectives summary…more

Canada, Cross-Border Transactions, Exports, Free Trade Agreements, Imports

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Tennessee Insurance Legal News: Volume 3, Number 3

Declaratory Judgment Action Interpreting the "Land Motorized Vehicle" Exclusion - In Tennessee Farmers Mutual Insurance Co. v. Simmons, No. E2013-01419-COA-R30-CV (Tenn. Ct. App. July 15, 2014), the Tennessee Court of…more

Appeals, ATV Accidents, Bodily Injury, Duty to Defend, Motor Carrier Act

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LLC Membership Interest Purchase Treated As Asset Purchase

A buyer of a business often will prefer to purchase assets rather than equity interests in order to, among other things, obtain a step-up in the tax basis of the assets of the business equal to its purchase price. The buyer…more

Acquisitions, Asset Purchaser, Buyers, Equity Transactions, IRS

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Determination Of Joint-Employer Status Of Educational Service Provider And Public School Academy

On March 28, 2014, the Michigan Alliance of Charter Teachers and Staff (“ACTS”) and the American Federation of Teachers (“AFT”) (collectively the “Union”) filed an election petition to organize a collective bargaining unit,…more

NLRA, NLRB, Private Schools, Public Schools, Teachers

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NAFTA: USTR Summary of Objectives Released July 17, 2017

The North American Free Trade Agreement (NAFTA) modernization process advanced on July 17, 2017 with the release by the Office of the United States Trade Representative (USTR) of the NAFTA negotiating objectives summary…more

Canada, Cross-Border Transactions, Exports, Free Trade Agreements, Imports

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[Event] EEOC Emerging Trends in Employment Discrimination - July 16, Troy, MI

Employment laws and regulations are continuously changing and often cause confusion in employers and HR personnel. As a result, keeping up with the laws can be extremely frustrating for employers and others responsible for…more

ADA, Discrimination, EEOC, Employer Liability Issues, Events

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Arizona Courts Continue to Favor Arbitration

In Gullett v. Kindred Nursing Centers West, ___ Ariz. ___, 758 Ariz. Adv. Rep. 12 (App. 2017),the Arizona Court of Appeals ruled that an arbitration agreement between a patient and a convalescent hospital was enforceable over a…more

Appeals, Arbitration, Arbitration Agreements, Discovery, Health Care Providers

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The End to Discounts for Transfers of Interests in Family Business Entities

The ability to use transfer and liquidation restrictions in legal documents to reduce the value of an interest in a family-controlled (or “closely-held”) business entity (e.g., partnership, corporation, limited liability…more

Business Succession, Business Valuations, Closely Held Businesses, Comment Period, Estate Planning

See all updates »

NAFTA: USTR Summary of Objectives Released July 17, 2017

The North American Free Trade Agreement (NAFTA) modernization process advanced on July 17, 2017 with the release by the Office of the United States Trade Representative (USTR) of the NAFTA negotiating objectives summary…more

Canada, Cross-Border Transactions, Exports, Free Trade Agreements, Imports

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New Arizona Law Releases Chokehold on Franchise Employment Status Dilemma

On March 21, 2017, Arizona Governor Doug Ducey signed into law House Bill 2322 which is Arizona’s response to the legal controversy plaguing many franchisors relative to imputed joint employment. The law holds that no franchisor…more

Employer Liability Issues, Franchises, Joint Employers, New Legislation, Wage and Hour

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New Michigan Law Allows Drainage Districts to Issue Term Bonds

Michigan drainage districts can issue term bonds for their projects under a new law signed by Gov. Rick Snyder on March 1…more

Bond Financing, Governor Snyder, Municipal Bonds, Public Utility

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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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Governor Kasich Signs Legislation Expanding Concealed Carry Laws for Employers across Ohio

On Monday, December 19, 2016, Ohio Governor John Kasich signed into law Senate Bill 199, a controversial piece of legislation intended to expand concealed carry laws for firearms in Ohio. Although originally limited to exempting…more

Concealed Carry Permit, Concealed Weapons, Employee Handbooks, Employer Liability Issues, Employment Policies

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Responding to Subpoenas and Other Requests for Personal Health Information: Take Them at Face Value

Healthcare providers and other HIPAA covered entities receive requests for protected health information (“PHI”) from a variety of sources on a daily basis. Such requests can range from informal requests made during the course of…more

Administrative Proceedings, Health Care Providers, HIPAA, Notice Requirements, PHI

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Trump Administration Announces Changes to the H-1B Program

In connection with the Trump Administration’s desire to crack-down on its perceived misuse of the H-1B visa category, various U.S. government agencies have announced a coordinated effort in re-interpreting regulations as well as…more

DHS, DOL, Foreign Workers, H-1B, Highly-Skilled Workers Visa

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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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Gaming Legal News: Volume 8, Number 24

Texas Continues To Wage War Against Indian Gaming - Texas Attorney General Kenneth Paxton appears to not like Indian gaming. Two of the state’s three federally recognized tribes have been pursuing gaming opportunities for…more

Alaska Native Claims Settlement Act (ANCSA), Indian Gaming, Indian Gaming Regulation Act, Land Trusts, Property Tax

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The Auto Industry’s Safety Whistleblower Program: What You Need To Know

The Motor Vehicle Safety Whistleblower Program that originally passed through the U.S. Senate last summer but stalled in the House of Representatives has finally been signed into law by President Obama as part of the Fixing…more

Automotive Industry, Department of Transportation (DOT), Fixing America’s Surface Transportation Act (FAST Act), MAP-21, Motor Vehicle Safety Whistleblower Program (MVSWP)

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New Michigan Law Allows Drainage Districts to Issue Term Bonds

Michigan drainage districts can issue term bonds for their projects under a new law signed by Gov. Rick Snyder on March 1…more

Bond Financing, Governor Snyder, Municipal Bonds, Public Utility

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Expansion of Practice Autonomy of Physician Assistants Summary

As part of a flurry of activity at the end of 2016, Public Act 379 was enacted by the Michigan legislature and signed by Governor Snyder. That Act amends various provisions of the Michigan Public Health Code (the “Code”)…more

Amended Legislation, Physician Assistants, Physicians, Public Health

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The Defend Trade Secrets Act. It’s Coming: What You Need to Know

The Defend Trade Secrets Act (DTSA) is headed to President Barack Obama for his signature, and there is little doubt that President Obama will sign it into law. Below is a summary of what you need to know about this soon-to-be…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Employment Contract, Ex Parte, Misappropriation

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SEC Releases Crowdfunding Rules for Securities Offerings

Investors will be able to purchase securities through internet crowdfunding platforms under new final rules released by the Securities and Exchange Commission (SEC) in October. The final rules, known as “Regulation…more

Crowdfunding, Disclosure Requirements, Internet, Investors, JOBS Act

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New Michigan Law Allows Drainage Districts to Issue Term Bonds

Michigan drainage districts can issue term bonds for their projects under a new law signed by Gov. Rick Snyder on March 1…more

Bond Financing, Governor Snyder, Municipal Bonds, Public Utility

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U.S. and China Reach Agreement to Issue Extended Visas

Effective today the U.S. Department of State has extended the maximum visa validity period from one (1) to ten (10) years for Chinese nationals seeking a B-1/B-2 (business/tourist) visitor visa. This change comes on the heels of…more

China, Reciprocity Rules, US Department of State, Visas

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Changes to Minimum Standard Detail Requirements for Land Title Surveys Coming in February

The American Land Title Association (ALTA) and National Society of Professional Surveyors (NSPS) have announced changes to the standards for the minimum standard detail requirements for land title surveys of real property. The…more

ALTA, Land Titles, Property Owners, Real Estate Market, Solid Waste

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