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

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New Electronic Visa Update System (“EVUS”) required by U.S.A. for B-1/B-2 & B-2 Chinese Nationals after November, 2016 | Industry Alerts

Effective November, 2016, Chinese nationals, including nationals from People’s Republic of China, Taiwan, Hong Kong and Macau will be required to use an on-line enrollment system, referred to as EVUS to update biographic…more

B-1, B-2, China, Electronic Data Transmissions, EVUS

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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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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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Trade-Marks in Canada: Proper Use and Maintenance

Proper usage is essential to protecting and maintaining valuable rights in trade-marks. The general rule is ‘use it or lose it’: unless a trade-mark is actually used continuously in connection with products or services, rights…more

Canada, Intellectual Property Protection, IP License, License Agreements, Popular

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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

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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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Brandmarking - Volume 5, Number 2 - October 2016

Supreme Court Review of “Disparagement” Trademark Case May – or May Not – Implicate First Amendment, Impact Washington Redskins Case - The U.S. Supreme Court yesterday agreed to hear one of two high-profile cases that…more

Disparagement, First Amendment, Football, Free Speech, Music

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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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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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Government Claims Against Contractors and Developers Subject to Statute of Repose Filing Deadlines, Arizona Court of Appeals Rules

In a matter of first impression, the Arizona Court of Appeals recently ruled that government claims against contractors and developers are subject to the time limits set forth in the Construction Statute of Repose. The…more

Breach of Contract, Building Permits, Construction Contracts, Construction Industry, First Impression

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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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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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Significant Change In CRA Policy Harms Canadian Investors In US LLPs And LLLPs

Earlier this year the Canada Revenue Agency (“CRA”) announced its new administrative position that limited liability partnerships (“LLPs”) and limited liability limited partnerships (“LLLPs”) formed under the laws of Delaware…more

Canada, Canadian Revenue Agency, Corporate Taxes, Foreign Investment, International Tax Issues

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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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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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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

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Michigan Supreme Court Holds That the Federal “Rule of Reason” Applies in Evaluating the Enforceability of Noncompete Agreements Between Businesses | Industry Alerts

The Michigan Antitrust Reform Act (MARA) contains a specific provision, MCL 445.774a, that governs the enforceability of noncompete agreements between employees and employers. MARA does not, however, provide standards for…more

Antitrust Provisions, Commercial Contracts, Corporate Counsel, MI Supreme Court, Non-Compete Agreements

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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

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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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Substantiation of Charitable Donations

As we enter the giving season and begin making charitable contributions it is important to remember that some gifts require more than just the act of giving to qualify for a charitable tax deduction. For monetary contributions…more

Appraisal, Charitable Donations, Charitable Organizations, Income Taxes, IRS

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New Electronic Visa Update System (“EVUS”) required by U.S.A. for B-1/B-2 & B-2 Chinese Nationals after November, 2016 | Industry Alerts

Effective November, 2016, Chinese nationals, including nationals from People’s Republic of China, Taiwan, Hong Kong and Macau will be required to use an on-line enrollment system, referred to as EVUS to update biographic…more

B-1, B-2, China, Electronic Data Transmissions, EVUS

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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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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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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

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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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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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Renewed Perils from “Zeroing Out” a Corporation at Year-End

Physicians who are involved in the financial management of their practices are all too familiar with the year-end scramble to “zero out” the corporation’s profits. Under this technique, a physician practice that is structured as…more

C-Corporation, Corporate Bonuses, Corporate Taxes, Dividends, Health Care Providers

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Electronic and Courier Delivery Coming to Ontario

After long anticipation from the franchise industry, the government of Ontario has finally amended regulations under the Arthur Wishart Act (Franchise Disclosure), 2000 (“Act”) to expressly allow a franchisor to deliver its…more

Amended Regulation, Canada, Franchise Disclosure Document, Franchises, Notice Requirements

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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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Let’s Be Blunt: Recreational Marijuana Will Bring New Regulatory Challenges to Gaming Licensees in Nevada

As Nevada voters are bombarded with messaging both for and against the legalization of recreational marijuana leading up to the vote on “Question 2” on the November state ballot, Nevada’s gaming industry watches with what we…more

Ballot Measures, Decriminalization of Marijuana, Gaming Commissions, Licenses, Marijuana

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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 »

Let’s Be Blunt: Recreational Marijuana Will Bring New Regulatory Challenges to Gaming Licensees in Nevada

As Nevada voters are bombarded with messaging both for and against the legalization of recreational marijuana leading up to the vote on “Question 2” on the November state ballot, Nevada’s gaming industry watches with what we…more

Ballot Measures, Decriminalization of Marijuana, Gaming Commissions, Licenses, Marijuana

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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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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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Entities that are subject to the Affordable Care Act’s Nondiscrimination Rules must post notice by October 17, 2016 and implement other procedures

In May, the Department of Health and Human Services (“HHS”) published a final rule implementing Section 1557 of the Affordable Care Act (“ACA”). The rule prohibits discrimination on the basis of race, color, national origin,…more

Affordable Care Act, Covered Entities, Employer Group Health Plans, HHS, Non-Discrimination Rules

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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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IRS Relaxes Section 83(b) Filing Requirements

A taxpayer who makes a Section 83(b) election to accelerate the income taxation date of certain transferred property is no longer required to file a copy of the Section 83(b) election with his or her tax return for the year in…more

Filing Requirements, Income Taxes, IRC Section 83(b), IRS, Tax Returns

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Electronic and Courier Delivery Coming to Ontario

After long anticipation from the franchise industry, the government of Ontario has finally amended regulations under the Arthur Wishart Act (Franchise Disclosure), 2000 (“Act”) to expressly allow a franchisor to deliver its…more

Amended Regulation, Canada, Franchise Disclosure Document, Franchises, Notice Requirements

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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 »

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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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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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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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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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 Officers, Corporate Taxes, New Legislation

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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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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, Energy Efficiency, School Districts, Solar Energy

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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, Health Care Providers, Healthcare, Healthcare Facilities

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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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While your home is your castle where privacy is concerned, not so much for your car: Or what does automotive technology, privacy and drunk driving have to do with each other?

For a number of years, auto manufacturers have been quietly installing something akin to black boxes in passenger cars. Originally, these devices were solely for airbag deployment, but today, these boxes or SDM’s (Sensing…more

Admissible Evidence, Auto Manufacturers, Black Box, Canada, Drunk Driving

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Employers Have Something to be Thankful For as Judge Halts December 1st Effective Date of DOL FLSA Final Rule: Here is What Employers Need to Know and Do Now, November 2016

In the last six months, nearly every business was sent into panic mode and forced to quickly adjust to the Department of Labor’s (DOL) Fair Labor Standards Act (FLSA) Final Rule that was set to take effect December 1,…more

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

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BC Finalizes Franchise Laws

British Columbia has released the anticipated regulations to the previously enacted Franchises Act (BC). The Franchises Act (BC) will come into force on February 1, 2017, at which time British Columbia will be the sixth Canadian…more

Canada, Disclosure Requirements, Franchisee, Franchises, Franchisors

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Joint / Related / Common Employers: Are You at Risk

In recent years, a number of cases have emerged in both Canada and the United States discussing new implications for companies deemed to be joint and related employers. Cases both from the United States and across Canada will…more

Browning-Ferris Industries of California Inc., Canada, Corporate Counsel, Franchise Agreements, Franchisee

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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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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

iGaming, Interstate Compacts, Online Poker

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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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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 »

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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BC Finalizes Franchise Laws

British Columbia has released the anticipated regulations to the previously enacted Franchises Act (BC). The Franchises Act (BC) will come into force on February 1, 2017, at which time British Columbia will be the sixth Canadian…more

Canada, Disclosure Requirements, Franchisee, Franchises, Franchisors

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New Electronic Visa Update System (“EVUS”) required by U.S.A. for B-1/B-2 & B-2 Chinese Nationals after November, 2016 | Industry Alerts

Effective November, 2016, Chinese nationals, including nationals from People’s Republic of China, Taiwan, Hong Kong and Macau will be required to use an on-line enrollment system, referred to as EVUS to update biographic…more

B-1, B-2, China, Electronic Data Transmissions, EVUS

See All Updates »

BC Finalizes Franchise Laws

British Columbia has released the anticipated regulations to the previously enacted Franchises Act (BC). The Franchises Act (BC) will come into force on February 1, 2017, at which time British Columbia will be the sixth Canadian…more

Canada, Disclosure Requirements, Franchisee, Franchises, Franchisors

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Franchisee’s & Self-Employment Taxes

In a recent Chief Counsel Advice (CCA 201640014, issued 9/30/2016), the Office of Chief Counsel (“OCC”) of the Internal Revenue Service found that all of a franchisee’s share of earnings from a partnership that operating several…more

Franchisee, IRS, OCC, Partnerships, Resorts & Restaurants

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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

See All Updates »

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

Donald Trump, Estate Tax, Generation-Skipping Transfer, Gift Tax, Income Taxes

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Let’s Be Blunt: Recreational Marijuana Will Bring New Regulatory Challenges to Gaming Licensees in Nevada

As Nevada voters are bombarded with messaging both for and against the legalization of recreational marijuana leading up to the vote on “Question 2” on the November state ballot, Nevada’s gaming industry watches with what we…more

Ballot Measures, Decriminalization of Marijuana, Gaming Commissions, Licenses, Marijuana

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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

See All Updates »

BC Finalizes Franchise Laws

British Columbia has released the anticipated regulations to the previously enacted Franchises Act (BC). The Franchises Act (BC) will come into force on February 1, 2017, at which time British Columbia will be the sixth Canadian…more

Canada, Disclosure Requirements, Franchisee, Franchises, Franchisors

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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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U.S. Supreme Court Holds that Resignation Triggers the Limitations Period for Constructive Discharge Claims

The United States Supreme Court resolved a split among appellate circuits about when an employee must take action to pursue a constructive discharge claim. The Court held that the 45-day limitation period for a federal civil…more

Constructive Discharge, Corporate Counsel, EEOC, Federal Employees, Green v Brennan

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

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

Domain Names, gTLD, ICANN, Internet, Trademark Clearinghouse

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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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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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Refresher Course on Affordable Care Act Individual and Employer Penalties For Not Having Health Insurance

Even though penalties for failure to comply with Affordable Care Act (ACA) coverage requirements have been in force since January 1, 2014 for employers with 100 or more full-time equivalent employees and January 1, 2015 for…more

Affordable Care Act, Employer Mandates, Health Insurance, Individual Mandate, Large Employer

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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

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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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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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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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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 »

[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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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 »

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

See All Updates »

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

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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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 »

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 »

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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Hello Insurers – Court says CGL may Cover Privacy Breaches Occurring Prior to 2014

In April 2013, Glens Falls Hospital admitted that the medical records for more than 2,300 of its patients were stored for several months on an unprotected computer server. The hospital’s outside records contractor, Portal…more

Appeals, Commercial General Liability Policies, Data Breach, Data Security, Duty to Defend

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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

See All Updates »

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

See All Updates »

Refresher Course on Affordable Care Act Individual and Employer Penalties For Not Having Health Insurance

Even though penalties for failure to comply with Affordable Care Act (ACA) coverage requirements have been in force since January 1, 2014 for employers with 100 or more full-time equivalent employees and January 1, 2015 for…more

Affordable Care Act, Employer Mandates, Health Insurance, Individual Mandate, Large Employer

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

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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

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Let’s Be Blunt: Recreational Marijuana Will Bring New Regulatory Challenges to Gaming Licensees in Nevada

As Nevada voters are bombarded with messaging both for and against the legalization of recreational marijuana leading up to the vote on “Question 2” on the November state ballot, Nevada’s gaming industry watches with what we…more

Ballot Measures, Decriminalization of Marijuana, Gaming Commissions, Licenses, Marijuana

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Joint / Related / Common Employers: Are You at Risk

In recent years, a number of cases have emerged in both Canada and the United States discussing new implications for companies deemed to be joint and related employers. Cases both from the United States and across Canada will…more

Browning-Ferris Industries of California Inc., Canada, Corporate Counsel, Franchise Agreements, Franchisee

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

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

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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

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

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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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New Electronic Visa Update System (“EVUS”) required by U.S.A. for B-1/B-2 & B-2 Chinese Nationals after November, 2016 | Industry Alerts

Effective November, 2016, Chinese nationals, including nationals from People’s Republic of China, Taiwan, Hong Kong and Macau will be required to use an on-line enrollment system, referred to as EVUS to update biographic…more

B-1, B-2, China, Electronic Data Transmissions, EVUS

See All Updates »

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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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. Senators Respond to News of Canadian Dairy Industry Changes

In August, we wrote about a tentative, new deal between Canadian dairy farmers and processors that will allow Canadian processors to buy domestic milk ingredients at world market prices. We noted that the changes contemplated…more

Agricultural Land, Canada, Country of Origin, Dairy Farmers, NAFTA

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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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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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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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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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Canada to Increase Import Quota for EU Cheese, July 2016

Both Canada and the European Union (EU) are now in the process of ratifying and implementing The Canada and European Union Comprehensive Economic and Trade Agreement (CETA). Under the terms of CETA, Canada will open for the…more

Canada, CETA, Comment Period, EU, Exports

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 »

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 »

Canada to Increase Import Quota for EU Cheese, July 2016

Both Canada and the European Union (EU) are now in the process of ratifying and implementing The Canada and European Union Comprehensive Economic and Trade Agreement (CETA). Under the terms of CETA, Canada will open for the…more

Canada, CETA, Comment Period, EU, Exports

See All Updates »

Electronic and Courier Delivery Coming to Ontario

After long anticipation from the franchise industry, the government of Ontario has finally amended regulations under the Arthur Wishart Act (Franchise Disclosure), 2000 (“Act”) to expressly allow a franchisor to deliver its…more

Amended Regulation, Canada, Franchise Disclosure Document, Franchises, Notice Requirements

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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

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

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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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New Electronic Visa Update System (“EVUS”) required by U.S.A. for B-1/B-2 & B-2 Chinese Nationals after November, 2016 | Industry Alerts

Effective November, 2016, Chinese nationals, including nationals from People’s Republic of China, Taiwan, Hong Kong and Macau will be required to use an on-line enrollment system, referred to as EVUS to update biographic…more

B-1, B-2, China, Electronic Data Transmissions, EVUS

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 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)

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

See All Updates »

What Physician Practices and Other Healthcare Providers Need to Know About the Posting and Grievance Obligations Set Forth in the Section 1557 Final Rule

Section 1557 of the Affordable Care Act prohibits discrimination on the basis of race, color, national origin, sex, age, or disability. Recently, the Federal Office for Civil Rights (“OCR”) issued a Final Rule clarifying…more

Affordable Care Act, Final Rules, Grievance Process, Health Care Providers, Meaningful Use

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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

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

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

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, 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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