Dickinson Wright

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

Contact: Michael Kolb

  • 313-223-3500
  • 313-223-3598

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
| Administrative Law, Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Indigenous Peoples

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
| Civil Procedure, Labor & Employment Law, Finance & Banking, Business Torts, Securities Law

Healthcare Legal News - July 2014 • Volume 4, Number 2

In This Issue: - DO SUBSIDIZED HEALTH CARE PLANS PURCHASED UNDER THE AFFORDABLE CARE ACT TRIGGER THE ANTI-KICKBACK STATUTE? The advent of federally subsidized private pay health insurance under the Affordable Care…more
| Civil Procedure, Privacy, Health, Insurance, Science, Computers, & Technology

Insurance Antitrust Legal News - July 2014 • Volume 3, Number 4

In This Issue: - COURT DENIES BLUES’ MOTION TO DISMISS IN RE BLUE CROSS BLUE SHIELD ANTITRUST LITIGATION (MDL 2406): On June 18, United States District Court Judge David Proctor (Northern District of Alabama)…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Criminal Law, Health, Insurance

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
| Civil Procedure, Intellectual Property

Gaming Legal News - June 2014 • Volume 7, Number 10

In This Issue: - INDIAN COUNTRY AWAITS 9TH CIRCUIT’S EN BANC REHEARING IN BIG LAGOON CASE: In January, a split 9th Circuit panel shocked Indian Country with its holding in Big Lagoon Rancheria v. California that…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Zoning, Planning & Land Use, Indigenous Peoples

Indian Country Awaits 9th Circuit’s En Banc Rehearing in Big Lagoon Case

In January, a split 9th Circuit panel shocked Indian Country with its holding in Big Lagoon Rancheria v. California that the State’s failure to negotiate in good faith for a tribal-state gaming compact with the Big Lagoon…more
| Art, Entertainment, & Sports Law, Civil Procedure, Constitutional Law, Zoning, Planning & Land Use, Indigenous Peoples

Heads Up: Canada’s Anti-Spam Legislation (CASL) Takes Effect on July 1st

Once CASL takes effect, you will need express or implied consent before you (or your franchisees) can send a commercial electronic message (CEM). While franchisors are well aware of the pending impact of CASL and have been…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy, Franchise Law

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
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Franchise Law, International Law & Trade

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
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Indigenous Peoples, Intellectual Property

Crowdfunding: What is it and Where is it Going?

On May 7, 2014, a group of four experts (Frank Williams, Four Bridges Capital; Gene Wright, Georgia Crowdfunding Association; Phil Shmerling, InCrowd Capital; and Zan Nicolli, Dickinson Wright) gathered via conference call for a…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Securities Law

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
| Administrative Law, Commercial Law & Contracts, Finance & Banking, Taxation

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
| Finance & Banking, Securities Law

Internet Gaming: Has the Train Left the Station?

While he is in the process of negotiating a new gaming compact with the Seminole Tribe, Florida Governor Rick Scott has jumped into the contentious debate on whether Internet gaming should be legal. In this, the Governor has…more
| Art, Entertainment, & Sports Law, Elections & Politics, Indigenous Peoples, Science, Computers, & Technology

The U.S. Supreme Court Holds That Inherited IRAs Are Not Exempt In Bankruptcy

On June 12, 2014, the United States Supreme Court unanimously held in Clark v. Rameker Trustee that funds in an individual retirement account (“IRA”) inherited from someone other than the bankrupt debtor’s spouse are not…more
| Bankruptcy, Civil Procedure, Finance & Banking, Taxation, Wills, Trusts, & Estate Planning
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Areas of Practice
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