Dickinson Wright

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

See All Updates »

USCIS Now Formally Requiring Amended Petitions When H-1B Worksite Changes

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a binding, precedential ruling that all U.S. employers must file an amended petition with the agency…more

DOL, H-1B, LCA, Location Changes, Popular

See All Updates »

Tennessee Legislature Passes Legislation Changing Requirements for Coverage of Sinkhole Losses

The Tennessee Legislature recently reformed the law of sinkhole coverage and sinkhole losses in the State of Tennessee with legislation which became effective July 1, 2014. Under the prior Tennessee law, every insurer offering…more

Homeowner's Insurance, Property Damage, Property Insurance

See All Updates »

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

See All Updates »

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

See All Updates »

Major Changes Enacted for Canadian Trademark Law

The biggest changes to Canadian trademark law in 60 years are coming soon - most should be in force before the end of 2014. The changes will affect everyone whose business involves branding in Canada. While all of the…more

Canada, Trademarks

See All Updates »

Legal and Regulatory Landscape for Mobile Health Technologies

Mobile health (mHealth) technologies continue to expand in application and implementation. Over the past decade, the breadth of these technologies has grown from the creation of healthcare-directed websites (think WebMD) to…more

Healthcare, HIPAA, Legislative Agendas, mHealth, PHI

See All Updates »

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

Women in the Law, Young Lawyers

See All Updates »

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

See All Updates »

Good News from Washington (for a change): Trademark Filings Just Got Cheaper

The old joke is that the three least believable sentences in the English language are: “The check is in the mail,” “Of course I’ll respect you in the morning,” and “I’m from the government and I’m here to help you.”…more

Electronic Filing, Filing Fees, Trademarks

See All Updates »

Auto Insurers Again Seek Dismissal of In RE Auto Body Shop Antitrust Litigation

In early march, the auto insurer defendants in the In re Auto Body Shop Antitrust Litigation renewed their motions seeking the dismissal of plaintiffs’ action, this time directed at plaintiffs’ Second Amended Complaint. The…more

Antitrust Conspiracies, Antitrust Litigation, Auto Body Shop, Auto Insurance, Insurance Industry

See All Updates »

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

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 »

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

See All Updates »

Supreme Court Strikes Down Ordinance Regulating Directional Signs

In the case of Reed v. Town of Gilbert, the United States Supreme Court recently issued a significant decision regarding municipal sign regulation The Town of Gilbert regulated signage differently based on the content of the…more

Commercial Speech, Compelling Governmental Interest, First Amendment, Free Speech, Local Ordinance

See All Updates »

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

See All Updates »

Healthcare Legal News: Volume 5, Number 3

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…more

Administrative Proceedings, Anti-Kickback Statute, De-Identified Protected Health Information, False Claims Act, First-to-File

See All Updates »

USCIS Now Formally Requiring Amended Petitions When H-1B Worksite Changes

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a binding, precedential ruling that all U.S. employers must file an amended petition with the agency…more

DOL, H-1B, LCA, Location Changes, Popular

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

See All Updates »

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

See All Updates »

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

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

See All Updates »

Franchise and Distribution News - July 2015

A VIEW FROM TWIN PEAKS - Quick. Define Twin Peaks. Other than the obviously now dated TV show, up until a couple of weeks ago, the only other definition of Twin Peaks was a restaurant chain that featured double entendre…more

Appeals, Brand, Breach of Contract, Corporate Liability, Criminal Mischief

See All Updates »

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

See All Updates »

Updates to Nevada’s Live Entertainment Tax – Part 3

This is the final post in a series of blog posts about changes to Nevada’s Live Entertainment Tax. “Service Charges” Perhaps the biggest area of remaining debate is whether or not associated fees or “service charges”…more

Gaming, Live Entertainment Tax, Service Charges

See All Updates »

Updates to Nevada’s Live Entertainment Tax – Part 3

This is the final post in a series of blog posts about changes to Nevada’s Live Entertainment Tax. “Service Charges” Perhaps the biggest area of remaining debate is whether or not associated fees or “service charges”…more

Gaming, Live Entertainment Tax, Service Charges

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

See All Updates »

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

See All Updates »

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

See All Updates »

Employer Paid Individual Health Insurance Policies Create the Potential for Significant Penalties, But Limited Relief Is Available

Despite guidance from the Internal Revenue Service (“IRS”), the Department of Labor (“DOL”) and the Department of Health and Human Services (“HHS”) indicating the prohibition of the practice under the Affordable Care Act…more

Affordable Care Act, DOL, Employer Group Health Plans, Health Insurance, HHS

See All Updates »

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

See All Updates »

Employer Paid Individual Health Insurance Policies Create the Potential for Significant Penalties, But Limited Relief Is Available

Despite guidance from the Internal Revenue Service (“IRS”), the Department of Labor (“DOL”) and the Department of Health and Human Services (“HHS”) indicating the prohibition of the practice under the Affordable Care Act…more

Affordable Care Act, DOL, Employer Group Health Plans, Health Insurance, HHS

See All Updates »

Employer Paid Individual Health Insurance Policies Create the Potential for Significant Penalties, But Limited Relief Is Available

Despite guidance from the Internal Revenue Service (“IRS”), the Department of Labor (“DOL”) and the Department of Health and Human Services (“HHS”) indicating the prohibition of the practice under the Affordable Care Act…more

Affordable Care Act, DOL, Employer Group Health Plans, Health Insurance, HHS

See All Updates »

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

See All Updates »

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

See All Updates »

Michigan Enacts Changes To Administrative Tax Provisions Affecting Audits And Assessments

Michigan has enacted legislation that clarifies and streamlines a number of important tax administrative provisions. The changes affect the Department of Treasury’s ability to pursue and collect unpaid taxes from company owners…more

Audits, Business Ownership, Corporate Taxes, New Legislation, Officers

See All Updates »

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

See All Updates »

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, Department of State, Reciprocity Rules, Visas

See All Updates »

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

See All Updates »

The Supreme Court Of The United States Holds That ESOP Fiduciaries Are Not Entitled To A Presumption Of Prudence, Clarifies Standards For Stock Drop Claims

On June 25, 2014, the Supreme Court of the United States unanimously held that there is no special presumption of prudence for fiduciaries of employee stock ownership plans (“ESOPs”). Fifth Third Bancorp v. Dudenhoeffer, No…more

ERISA, ESOP, FIfth Third Bancorp v Dudenhoeffer, Fifth Third Mortgage Company, SCOTUS

See All Updates »

Care Recipients’ Limited Right to Discriminate Based on Protected Characteristics of Care Provider

Healthcare provider institutions including hospitals, clinics, medical practices, nursing homes and home health care providers (here, “Institutions”) are occasionally called upon to balance the preferences of Consumers against…more

Discrimination, Employer Liability Issues, Healthcare, Healthcare Facilities, Healthcare Providers

See All Updates »

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, Healthcare

See All Updates »

Healthcare Legal News Volume 5 Number 2

According to a recent study by Accenture, by 2017 approximately 18 percent of the American public will purchase insurance through exchanges versus relying on traditional employer healthcare coverage or foregoing insurance…more

Advertising, Affordable Care Act, B2B Transactions, Canada, CMS

See All Updates »

Bill 18: Stronger Workplaces For A Stronger Economy Act, 2014

The Stronger Workplaces for a Stronger Economy Act, 2014 ("Bill 18") which received royal assent from the Ontario Legislature on November 20, 2014 will amend five employment law statutes, specifically the Employment Standards…more

Canada, Employer Mandates, New Legislation

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

The Fight against Counterfeit Products in Canada Just Got Easier

Canada’s new Combating Counterfeit Products Act officially took effect on January 1, 2015. As part of the ongoing overhaul of Canada’s much neglected intellectual property regime, this new tool for content and brand proprietors…more

Canada, Copyright, Copyright Infringement, Counterfeiting, Criminal Prosecution

See All Updates »

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

See All Updates »

USCIS Now Formally Requiring Amended Petitions When H-1B Worksite Changes

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a binding, precedential ruling that all U.S. employers must file an amended petition with the agency…more

DOL, H-1B, LCA, Location Changes, Popular

See All Updates »

Franchise and Distribution News - July 2015

A VIEW FROM TWIN PEAKS - Quick. Define Twin Peaks. Other than the obviously now dated TV show, up until a couple of weeks ago, the only other definition of Twin Peaks was a restaurant chain that featured double entendre…more

Appeals, Brand, Breach of Contract, Corporate Liability, Criminal Mischief

See All Updates »

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

See All Updates »

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

See All Updates »

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

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 »

Updates to Nevada’s Live Entertainment Tax – Part 3

This is the final post in a series of blog posts about changes to Nevada’s Live Entertainment Tax. “Service Charges” Perhaps the biggest area of remaining debate is whether or not associated fees or “service charges”…more

Gaming, Live Entertainment Tax, Service Charges

See All Updates »

More Change to Canada’s Intellectual Property Laws on the Way

On October 23, 2014, as part of the fall budget bill, the federal Government quietly tabled the second in a series of substantial reform packages to Canada’s existing intellectual property regime. Following the introduction of…more

Canada, Patent Reform, Patents

See All Updates »

Franchise and Distribution News - July 2015

A VIEW FROM TWIN PEAKS - Quick. Define Twin Peaks. Other than the obviously now dated TV show, up until a couple of weeks ago, the only other definition of Twin Peaks was a restaurant chain that featured double entendre…more

Appeals, Brand, Breach of Contract, Corporate Liability, Criminal Mischief

See All Updates »

EPA Rolls Out New eDisclosure System

On June 10 and 15, 2015, the U.S. Environmental Protection Agency (EPA) rolled out a new system for e-reporting violations being disclosed pursuant to EPA’s audit policy, eDisclosure, which is expected to go on-line as soon as…more

Audits, eDisclosure, Environmental Violations, EPA, EPCRA

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

Employer Paid Individual Health Insurance Policies Create the Potential for Significant Penalties, But Limited Relief Is Available

Despite guidance from the Internal Revenue Service (“IRS”), the Department of Labor (“DOL”) and the Department of Health and Human Services (“HHS”) indicating the prohibition of the practice under the Affordable Care Act…more

Affordable Care Act, DOL, Employer Group Health Plans, Health Insurance, HHS

See All Updates »

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

See All Updates »

EPA Rolls Out New eDisclosure System

On June 10 and 15, 2015, the U.S. Environmental Protection Agency (EPA) rolled out a new system for e-reporting violations being disclosed pursuant to EPA’s audit policy, eDisclosure, which is expected to go on-line as soon as…more

Audits, eDisclosure, Environmental Violations, EPA, EPCRA

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

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 »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

Healthcare Legal News: Volume 5, Number 3

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…more

Administrative Proceedings, Anti-Kickback Statute, De-Identified Protected Health Information, False Claims Act, First-to-File

See All Updates »

Rules Against Title Insurer on Date of Loss Issue

In the recent decision in First American Title Insurance Co. v. Johnson Bank, 1 CA-CV 14-0190, 2015 WL 3965740 filed June 30, 2015, the Arizona Court of Appeals held that the date for calculating a loss under a lender’s title…more

ALTA, Ambiguous, Breach of Contract, Calculation of Damages, CC&Rs

See All Updates »

Employer Paid Individual Health Insurance Policies Create the Potential for Significant Penalties, But Limited Relief Is Available

Despite guidance from the Internal Revenue Service (“IRS”), the Department of Labor (“DOL”) and the Department of Health and Human Services (“HHS”) indicating the prohibition of the practice under the Affordable Care Act…more

Affordable Care Act, DOL, Employer Group Health Plans, Health Insurance, HHS

See All Updates »

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

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

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 »

Updates to Nevada’s Live Entertainment Tax – Part 3

This is the final post in a series of blog posts about changes to Nevada’s Live Entertainment Tax. “Service Charges” Perhaps the biggest area of remaining debate is whether or not associated fees or “service charges”…more

Gaming, Live Entertainment Tax, Service Charges

See All Updates »

Bill 18: Stronger Workplaces For A Stronger Economy Act, 2014

The Stronger Workplaces for a Stronger Economy Act, 2014 ("Bill 18") which received royal assent from the Ontario Legislature on November 20, 2014 will amend five employment law statutes, specifically the Employment Standards…more

Canada, Employer Mandates, New Legislation

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

[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

See All Updates »

CMS To Publish Financial Relationships Between Physicians and Drug Manufacturers Beginning September 2014

Beginning in September 2014, the Centers for Medicare and Medicaid Services (“CMS”) will publish a list of all payments and transfers of value paid by drug manufacturers to physicians and teaching hospitals on a publicly…more

Biologics, CMS, Drug Manufacturers, Medical Devices, Pharmaceutical

See All Updates »

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

See All Updates »

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

See All Updates »

USCIS Now Formally Requiring Amended Petitions When H-1B Worksite Changes

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a binding, precedential ruling that all U.S. employers must file an amended petition with the agency…more

DOL, H-1B, LCA, Location Changes, Popular

See All Updates »

Casino City Press Releases 2015 Indian Gaming Industry Report

Dr. Alan Meister has released his 2015 Indian Gaming Industry Report. This is the thirteenth edition of the Report and is widely regarded as the best source for the state of the Indian gaming industry, which has grown to $28.3…more

Casinos, Gaming, Indian Gaming, Information Reports

See All Updates »

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

See All Updates »

[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

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

See All Updates »

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

See All Updates »

[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

See All Updates »

Amendments to Arizona’s Purchaser Dwelling Act Impact Residential Construction Claims

House Bill 2578, which amends the Purchaser Dwelling Act (“Act”) was signed into law by Governor Ducey on Monday, March 23, 2015. The Purchaser Dwelling Act sets forth a procedure for bringing claims for construction defects…more

Buyers, Construction Defects, Land Developers, Residential Property Owners, Sellers

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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, Healthcare Providers, HIPAA, Notice Requirements, PHI

See All Updates »

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

See All Updates »

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

See All Updates »

Gaming Legal News: Volume 8, Number 14: The Intersection Of Federal Labor Law, Tribal Gaming And A Deep Division Within Two Sixth Circuit Three-Judge Panels

Two separate three-judge panels of the United States Court of Appeals for the Sixth Circuit have rendered labor law decisions concerning Indian casinos in Michigan only 22 days apart. While each of the panels ruled that the…more

Appeals, Casinos, Employer Liability Issues, Indian Gaming, Jurisdiction

See All Updates »

Update: 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 a rule requiring certain manufacturers to trace the sources of tin, tantalum, tungsten and gold that are contained in products…more

Automotive Industry, Conflict Mineral Rules, Dodd-Frank, Reporting Requirements, SEC

See All Updates »

Healthcare Legal News: Volume 5, Number 1

CMS ANNOUNCES NEW RULES THAT MAKE OWNER DOCTORS LIABLE FOR ALL PRACTICE MEDICARE DEBTS - Even after they leave the Practice. CMS announced its final rules on "Medicare Provider Oversight" on December 3, 2014…more

ACOs, CMS, Fee-for-Service, Final Rules, Health Care Providers

See All Updates »

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

See All Updates »

SEC Municipalities Continuing Disclosure Cooperation Initiative Update

Issuers and underwriters of municipal securities have been provided an opportunity by the U.S. Securities and Exchange Commission (the “SEC”) to self-report violations of the federal securities laws relating to representations…more

Disclosure Requirements, Municipal Bonds, Municipal Securities Issuers, Municipalities, SEC

See All Updates »

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, Department of State, Reciprocity Rules, Visas

See All Updates »

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

See All Updates »

Contact

500 Woodward Avenue Suite 4000
Detroit, Michigan 48226-3425, United States

Contact: Michael Kolb

  • 313-223-3500
  • 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.
  • Michigan
  • Nevada
  • Ohio
  • Tennessee
Other Countries
  • Canada
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×