Dickinson Wright

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

Contact: Michael Kolb

  • 313-223-3500
  • 313-223-3598

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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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

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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

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

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

Legal Costs, SCC, Summary Judgment

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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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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

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

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

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

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A Woman’s Work: Blazing the Trail

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

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

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Homeowners Cannot Assert Claims Against Subcontractors For Breach Of Implied Warranty

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

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

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The Redskins Decision: Much Ado About (Probably) Not Much

I’ve been having fun listening to commentators – most of whom appear to know little or nothing about trademark law – expound on last week’s decision by the Trademark Trial and Appeal Board to cancel six trademark registrations…more

Blackhorse v Pro-Football, Disparagement, Football, Laches, Marketing

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Insurance Antitrust Legal News - November 2014 - Volume 3 - Number 6

Plaintiff Files Third Amended Antitrust Claim Against Highmark - A long running antitrust dispute in Western Pennsylvania continued on October 1, when a Pennsylvania hotel (Cole’s Wexford Hotel) filed a third amended…more

Antitrust Litigation, AstraZeneca, Class Action, FTC v Actavis, Generic Drugs

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Significant Changes Made By ROC To Its Complaint And Hearing Process

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

Construction Disputes, Contractors

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

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

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

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

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

Estate Planning, Estate Tax

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Ex Parte Communications between Treating Physician and Attorneys

Under HIPAA, physicians are permitted to disclose “protected health information” to their attorneys for purposes of their own healthcare operations. This allows physicians sued by patients for malpractice to provide their…more

Disclosure Requirements, Ex Parte, Healthcare, HIPAA, Physicians

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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, Department of State, Reciprocity Rules, Visas

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

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

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

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

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

Asset Purchaser, Auction, FLSA, Successor Liability

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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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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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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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Deadline Approaching to Secure Health Plan Identifier (“HPID”)

Certain group health plans are required to obtain a 10-digit Health Plan Identifier ("HPID") from the Center for Medicare and Medicaid Services ("CMS") by November 5, 2014. Currently various users of the health care system such…more

CMS, FSA, Healthcare, HIPAA, HPID

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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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Deadline Approaching to Secure Health Plan Identifier (“HPID”)

Certain group health plans are required to obtain a 10-digit Health Plan Identifier ("HPID") from the Center for Medicare and Medicaid Services ("CMS") by November 5, 2014. Currently various users of the health care system such…more

CMS, FSA, Healthcare, HIPAA, HPID

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Deadline Approaching to Secure Health Plan Identifier (“HPID”)

Certain group health plans are required to obtain a 10-digit Health Plan Identifier ("HPID") from the Center for Medicare and Medicaid Services ("CMS") by November 5, 2014. Currently various users of the health care system such…more

CMS, FSA, Healthcare, HIPAA, HPID

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

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

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

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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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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

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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, Department of State, Reciprocity Rules, 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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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

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I’m Allowed To Control Our Business Email System However I Want … Right?

Everyone knows a business has a critical need, and has discretion, to control and establish its own rules for its email system, right? After all, in the amazingly short period since email came into use in 1993, this secure,…more

Email, Employer Liability Issues, NLRA, NLRB

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Storming the CASL - Your email to Canada may now be against the law

Canada’s Anti-Spam Legislation (CASL) took effect July 1, 2014. CASL prohibits sending commercial electronic messages (CEMs) such as email, to parties in Canada without consent. If you don’t have consent or fall under one of the…more

Canada, CASL, Commercial Electronic Messages, Consent, Popular

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Expanding Employer Responsibilities in Ontario Regarding Employee Parent and Family Obligations

A recent decision of the Federal Court of Appeal in connection with a decision of the Canadian Human Rights Tribunal has attempted to clarify the obligation of an employer to accommodate employee needs in the context of "family…more

Canada, Employee Rights, ESA

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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

I-Gaming, Interstate Compacts, Online Poker

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FTC Announces Higher Hart Scott Rodino Premerger Notification Reporting Thresholds

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

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

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

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

ASTM, CERCLA, EPA, Landlords, Property Owners

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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

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Bank Regulators Require Changes To Tax Allocation Agreements

Acting in response to divergent results in recent court decisions, the Federal bank regulatory agencies have adopted an Addendum to their longstanding rules regarding income tax allocation agreements between insured depository…more

Bank Holding Company, Banks, FDIC, IDIs, Income Taxes

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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, Department of State, Reciprocity Rules, Visas

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British Columbia Law Institute Issued Its Report Recommending The Passage Of A Franchise Specific Statute For British Columbia

Yesterday, the British Columbia Law Institute issued its report recommending the passage of a franchise specific statute for British Columbia. Much of what is being recommended follows the lead of the other 5 provinces with…more

Canada, Franchises, Legislative Agendas

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

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

CMS, HIPAA, Medicare, Physician Fee Schedule

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Taking a Moment to Listen

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

Biotechnology

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Amendments to British Columbia Gaming Control Act – Suspension and Cancellation of Gaming Registrations

In October, the Government of British Columbia introduced Bill 4, Miscellaneous Statutes Amendment Act (No. 2), 2014 (“Bill 4”). Bill 4 amends a number of statutes, including section 69 of the Gaming Control Act of that province…more

Canada, Gaming

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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

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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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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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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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Deadline Approaching to Secure Health Plan Identifier (“HPID”)

Certain group health plans are required to obtain a 10-digit Health Plan Identifier ("HPID") from the Center for Medicare and Medicaid Services ("CMS") by November 5, 2014. Currently various users of the health care system such…more

CMS, FSA, Healthcare, HIPAA, HPID

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

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

Canada, China, Trademarks

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NLRB Prevented From Requiring Employers To Post Notices

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

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

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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

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

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

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

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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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Homeowners Cannot Assert Claims Against Subcontractors For Breach Of Implied Warranty

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

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

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Arizona’s Broad Anti-Deficiency Protection Confirmed

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

Anti-Deficiency Provisions, Borrowers, Foreclosure, Lenders

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

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

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

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Deadline Approaching to Secure Health Plan Identifier (“HPID”)

Certain group health plans are required to obtain a 10-digit Health Plan Identifier ("HPID") from the Center for Medicare and Medicaid Services ("CMS") by November 5, 2014. Currently various users of the health care system such…more

CMS, FSA, Healthcare, HIPAA, HPID

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

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

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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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Expanding Employer Responsibilities in Ontario Regarding Employee Parent and Family Obligations

A recent decision of the Federal Court of Appeal in connection with a decision of the Canadian Human Rights Tribunal has attempted to clarify the obligation of an employer to accommodate employee needs in the context of "family…more

Canada, Employee Rights, ESA

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HIPAA Violation Results in $4.8 Million Settlement: An IT Perspective

In today’s healthcare industry, information technology (“IT”) systems play an ever-expanding role in the success of a medical practice. Medical practitioners consistently juggle e-billing and electronic medical records software…more

Data Breach, Data Protection, Electronic Medical Records, Health Information Technologies, HIPAA

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Municipal Law and Finance: Personal Property Tax Reform

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

Property Tax, State Taxes, Tax Reform

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

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

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

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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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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

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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, H1-B, I-9, Immigration Reform

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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, Department of State, Reciprocity Rules, Visas

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Gaming Legel News: Volume 7, Number 12: Department Of Justice Files Suit Against Santa Ysabel Tribe’s "Desert Rose Bingo" Site

On December 3, United States Department of Justice attorneys filed a complaint in federal court seeking to prevent the Iipay Nation of Santa Ysabel, a federally recognized Indian tribe near San Diego, from continuing to operate…more

DOJ, Gaming, Indian Gaming, Online Gaming, UIGEA

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Auditor General Calls OLG’s Modernization Plan “Overly Ambitious” and “Overly Optimistic”

In April, the office of the Auditor General of Ontario released a special report criticizing the Ontario Lottery and Gaming Corporation’s Modernization Plan as “overly ambitious” and “overly optimistic”. The Modernization…more

Canada, Casinos, Gaming, Lottery

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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

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

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Arizona Legislature Adds New Limits On Indemnification In Public Construction Contracts

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

Construction Contracts, Contractors, Indemnification, Negligence, P3s

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The Dodd-Frank Act And Municipal Advisor Rules

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

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

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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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HIPAA Omnibus Rule: Deadline Approaching to Update Grandfathered Business Associate Agreements

Although the HIPAA Omnibus Rule (the “Rule”) went into effect nearly 18 months ago, the transition period for bringing business associate agreements into compliance with the Rule’s new requirements will end on September 23,…more

Audits, Business Associates, Deadlines, HIPAA, PHI

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Amendments to British Columbia Gaming Control Act – Suspension and Cancellation of Gaming Registrations

In October, the Government of British Columbia introduced Bill 4, Miscellaneous Statutes Amendment Act (No. 2), 2014 (“Bill 4”). Bill 4 amends a number of statutes, including section 69 of the Gaming Control Act of that province…more

Canada, Gaming

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

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Pojoaque’s Plan to Seek an Imposed Contract: Is Interior’s Process Consistent with IGRA?

The Pueblo of Pojoaque needs a new Class III gaming compact by June 2015 in order to continue operating its casinos which are located north of Santa Fe. However, the Pueblo objected to the financial concessions being demanded by…more

Casinos, Gaming, Indian Gaming, Indian Gaming Regulation Act, Tribal Lands

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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

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Arrangements between Laboratories and Referring Physicians Involving “Registries”

The United States Office of Inspector General (“OIG”) recently issued a “Special Fraud Alert” focusing on two potentially illegal trends that it has detected in arrangements between laboratories and their referring physicians:…more

Clinical Laboratories, Healthcare, Healthcare Fraud, OIG, Physicians

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

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

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

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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

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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, Department of State, Reciprocity Rules, Visas

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Commercial Mortgage Options Expanding – Borrowers to Benefit?

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

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

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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

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