Miller Canfield

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150 West Jefferson
Suite 2500
Detroit, Michigan 48226, United States
Contact: Carol Lundberg, Manager, Global Branding and Media
Phone: 313.496.7813
Fax: 313.496.7500
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Florida
  • Illinois
  • Michigan
  • New York
  • Ohio
Other Countries
  • Canada
  • China
  • Mexico
  • Poland
Number of Attorneys
100+ Attorneys

¿Podría el Presidente Trump sacar a los Estados Unidos del TLCAN? Preguntas frecuentes básicas.

Durante su campaña para presidente, el Presidente-Electo Trump prometió repetidamente renegociar el TLCAN e imponer un arancel del 35 por ciento sobre las importaciones procedentes de México y un arancel aun mayor a las…more

Free Trade Agreements, Mexico, NAFTA, Tariffs, Trade Policy

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District Court Invalidates DOL's White Collar Regulations

The higher salary requirements under the Fair Labor Standards Act (FLSA) white collar exemptions that were set to take effect December 1, 2016, have been ruled invalid by a U.S. District Court in Texas. The same court…more

Appeals, DOL, Final Rules, FLSA, Minimum Salary

See all updates »

Second Circuit Broadens 'Personal Benefits' Triggering Insider Trading Liability

As noted in our December 9, 2016, Client Alert, the Supreme Court in Salman v. U.S. ruled that the required “personal benefit” to the person disclosing inside information (the tipper) does not need to be “pecuniary” or something…more

Appeals, Criminal Convictions, Dirks v SEC, Gifts, Illegal Tipping

See all updates »

DOL Issues Final Regulations Implementing the 2009 FMLA Amendments

The Family and Medical Leave Act (FMLA) regulations issued by the Department of Labor (DOL) in 2009 addressed the new military leave requirements established in the National Defense Authorization Act for Fiscal Year 2008 (FY…more

DOL, Flight Crews, FMLA, Medical Leave, Military Caregiver Leave

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DOJ’s Fraud Section Issues Foreign Corrupt Practices Act Enforcement Plan and Guidance

On April 5, 2016, the Department of Justice’s Fraud Section (“DOJ”) issued its Foreign Corrupt Practices Act (“FCPA”) Enforcement Plan and Guidance (“Guidance”), which announced (1) a more than doubling of DOJ resources…more

Bribery, Compliance, Cooperation, Corporate Misconduct, DOJ

See all updates »

Transformational Brownfield Projects Eligible for Substantial Tax Incentives Under Recently Enacted Legislation

Brownfield redevelopment authorities and developers and owners of transformational brownfield redevelopment projects are eligible for substantial tax incentives under legislation signed by Governor Snyder on June 8, 2017. The…more

Brownfield Properties, Contaminated Properties, Redevelopment, Tax Credits

See all updates »

Federal Automated Vehicles Policy: 6 Key Issues for the Automotive Supply Chain

The U.S. Department of Transportation (“DOT”) and the National Highway Traffic Safety Administration (“NHTSA”) last week finally issued the long-awaited Federal Automated Vehicles Policy (the “HAV policy”). The HAV policy,…more

Automotive Industry, Department of Transportation (DOT), Driverless Cars, NHTSA, Regulatory Standards

See all updates »

DOL Issues Groundbreaking Fiduciary Investment Rules

Do you have investments in a retirement plan or IRA, or are you a retirement plan fiduciary or provide investment services to a retirement plan or IRA? On April 6, 2016, the Department of Labor (DOL) released its…more

Conflicts of Interest, DOL, Fiduciary Duty, Final Rules, Investment Adviser

See all updates »

Michigan Governor Signs Early Warning Legislation for Financially Distressed School Districts with Immediate Effect

On July 7, Michigan Governor Snyder signed into law a package of bills, all with immediate effect and most with a tie bar to at least one of the other bills in the package, creating an early warning system to identify the…more

New Legislation, Public Schools, Reporting Requirements, School Districts, State Funding

See all updates »

How Brexit Affects You and Your Intellectual Property

As you may have heard, the United Kingdom voted this week to leave the European Union. This has left many wondering what impact Brexit will have on their intellectual property rights in the UK and the European Union. In the…more

Community Trademark, EU, European Patent Office, European Union Trade Mark (EUTM), Intellectual Property Protection

See all updates »

Supreme Court Enforces Class Action Arbitration Waiver

In DIRECTV, Inc. v. Imburgia et al., the Supreme Court bolstered the preemptive power of the Federal Arbitration Act (“FAA”), once again overturning a state court’s holding that an arbitration agreement was unenforceable due to…more

Arbitration Agreements, AT&T Mobility v Concepcion, Class Action Arbitration Waivers, DirecTV, DirecTV v Imburgia

See all updates »

Emergency Managers Not Authorized To Rubber Stamp Prior Acts of Local Officials

In a first-of-its-kind case, a panel of the Michigan Court of Appeals has ruled that an Emergency Manager (EM) is not authorized by either Act 4 or Act 436 to ratify prior acts of a local government official, even where he may…more

Appeals, Emergency Managers, Government Officials, Municipalities, Ratification

See all updates »

Michigan Ban on School Employee Union Dues Deductions Legal

In a split opinion Thursday, a federal appeals court cleared the path toward implementing a 2012 Michigan law barring public school employers from collecting union dues from their employees. …more

Public Schools, Union Dues, Unions

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Michigan Becomes the 24th “Right-To-Work” State

On March 27, 2013, the “right-to-work” bills, SB 116, now known as Public Act 348 of 2012 and HB 4003, now known as Public Act 349 of 2012, became effective. Also called Michigan’s “Freedom-To-Work” laws, the statutes make it…more

NLRA, Right to Work

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DOJ’s Fraud Section Issues Foreign Corrupt Practices Act Enforcement Plan and Guidance

On April 5, 2016, the Department of Justice’s Fraud Section (“DOJ”) issued its Foreign Corrupt Practices Act (“FCPA”) Enforcement Plan and Guidance (“Guidance”), which announced (1) a more than doubling of DOJ resources…more

Bribery, Compliance, Cooperation, Corporate Misconduct, DOJ

See all updates »

REITS May Soon be Coming to Poland: Law Firm of Miller Canfield

Poland’s Ministry of Finance published a draft bill which would authorize the establishment and operation of Polish Real Estate Investment Trusts (Spólki Rynku Wynajmu Nieruchomosci) in Poland. At this stage, the proposal has…more

Institutional Investment, Investors, Poland, REIT

See all updates »

For-Profit Schools Ruled Exempt From Michigan Personal Property Tax

In a departure from past interpretation, the Michigan Supreme Court issued a ruling on May 1, 2017 expanding the use of personal property tax exemptions available to for-profit institutions. In SBC Health Midwest, Inc. v City of…more

Educational Institutions, For Profit Education, Personal Property Tax, Tax Exemptions

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Michigan Governor Signs Law Excluding Library Taxes from Capture by Tax Increment Financing Entities

On Jan. 9, 2017, Michigan Governor Snyder signed into law a package of bills, all with immediate effect, that would exempt certain taxes levied for library purposes from being captured by tax increment financing authorities,…more

Governor Snyder, Libraries, Tax Increment Financing, Urban Planning & Development

See all updates »

Major Environmental Decision May Also Expand Right to Appeal In Other State Permitting Cases

A party challenging a state agency’s decision to issue a permit for a project may be allowed a second appeal of right, the Michigan Court of Appeals said in Natural Resources Defense Council v Department of Environmental…more

Appeals, BACT, Department of Environmental Quality, EPA, Greenhouse Gas Emissions

See all updates »

Second Circuit Broadens 'Personal Benefits' Triggering Insider Trading Liability

As noted in our December 9, 2016, Client Alert, the Supreme Court in Salman v. U.S. ruled that the required “personal benefit” to the person disclosing inside information (the tipper) does not need to be “pecuniary” or something…more

Appeals, Criminal Convictions, Dirks v SEC, Gifts, Illegal Tipping

See all updates »

OSHA’s Attempt to Expand Citation Statute of Limitations Thwarted by Congressional Review Act Senate Vote

On March 22, 2017, the Senate, by a vote of 50-48, passed a House of Representatives’ resolution which overturned the OSHA Rule seeking to expand the statute of limitations period for citations it issues to employers. OSHA…more

Citations, Congressional Review Act, OSHA, Recordkeeping Requirements, Statute of Limitations

See all updates »

United States Supreme Court Approves Race-Conscious Admissions Policy

On June 23, 2016, in its second trip to the United States Supreme Court, the High Court ruled in Fisher v. University of Texas at Austin, et al. No. 14-981 (June 23, 2016) that the University of Texas’ (“UT”) race-conscious…more

Affirmative Action, College Admissions, Diversity, Equal Protection, Fisher v University of Texas

See all updates »

Sinking Fund Legislation Approved by Senate

The Michigan Senate passed HB 4388, which amends Section 1212 of the School Code to allow additional uses of sinking fund proceeds for sinking fund millage proposals authorized by the voters after the bill becomes effective…more

Bonds, New Regulations, Public Schools, State Funding

See all updates »

Community Colleges Must Report Debt Revenue Loss By Friday Under Michigan Personal Property Tax Reform

Recent reforms to the Michigan personal property tax require community colleges to report their debt revenue loss to the Michigan Department of Treasury by September 5, 2014…more

Community Colleges, Personal Property Tax, Reporting Requirements

See all updates »

New SEC Initiative Offers Municipal Issuers and Underwriters an Exit Strategy for Continuing Disclosure Violations

The U.S. Securities and Exchange Commission Enforcement Division recently announced a program intended to resolve violations of federal securities laws regarding continuing disclosures in bond offering documents. The program,…more

Compliance, Disclosure Requirements, Municipal Bonds, SEC, Self-Reporting

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Process and Form of Filing Annual Qualifying Statement Revised

Earlier this month, the Michigan Department of Treasury issued Bulletin 6 implementing revisions to the application form and method of filing for the annual Qualifying Statement. The Revised Municipal Finance Act, Public Act 34…more

Annual Filings, Audits, Municipalities

See all updates »

IRS Issues New Rules for Management Contracts involving Tax-Exempt Financed Facilities

The Internal Revenue Service (IRS) issued Revenue Procedure 2017-13 (Rev. Proc. 2017-13) on Jan. 17, 2017. The procedure provides more flexible, modern rules for structuring management contracts involving tax-exempt financed…more

Bond Financing, IRS, Management Contracts, Revenue Procedures, Safe Harbors

See all updates »

BREAKING: High Court Limits Where Patent Suits Can Be Filed

The U.S. Supreme Court just shook up the patent world with its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. For nearly 30 years, companies accused of patent infringement could be sued in nearly any place they…more

Domestic Corporations, Foreign Corporations, Forum Shopping, Non-Practicing Entities, Patent Infringement

See all updates »

Amendment to Illinois Mechanics Lien Act Authorizes Bonding Over of Mechanics Liens Claims

As of January 1, 2016, an amendment to the Illinois Mechanics Lien Act, 770 ILCS. 60/38.1, allows parties with an interest in real estate to substitute an eligible surety bond for a claim for mechanics lien as security for real…more

Condominium Associations, Construction Industry, Homeowners Association (HOA), Mechanics' Lien Acts, Suretyships

See all updates »

Illinois Pledges up to $30 Million for Solar Renewable Energy Credits

In 2014, the State of Illinois adopted its first solar renewable energy credit (SREC) program, establishing a “one-time supplemental procurement plan” (Procurement Plan) for SRECs. The Procurement Plan promotes solar development…more

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NLRB Regional Director Orders Union Election in a Unit of Undergraduate Employees

On Friday, April 21, 2017, a regional director for the National Labor Relations Board (NLRB) ordered that a union representation election must be held in a unit composed of 110 undergraduate student residential advisors at…more

Bargaining Units, Educational Institutions, NLRB, Student Employees, Union Elections

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China’s Draft Foreign Investment Law Could Be a Game Changer?

China’s Ministry of Commerce (MOFCOM) has issued a draft Foreign Investment Law for public comment. The draft law (the Draft) will almost certainly not become law until 2018 at the earliest and changes are likely before it…more

China, Foreign Investment, MOFCOM, National Security, Reporting Requirements

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Nueva Administración de Trump Considera un “Impuesto De Ajuste Fronterizo” (Spanish)

Las empresas que importan bienes a los Estados Unidos deben prestar mucha atención a las serias discusiones que se están llevando a cabo actualmente en Washington, DC con respecto a una importante reestructuración fiscal la cual…more

Corporate Taxes, Exports, Imports, NAFTA, Tariffs

See all updates »

Process and Form of Filing Annual Qualifying Statement Revised

Earlier this month, the Michigan Department of Treasury issued Bulletin 6 implementing revisions to the application form and method of filing for the annual Qualifying Statement. The Revised Municipal Finance Act, Public Act 34…more

Annual Filings, Audits, Municipalities

See all updates »

Amendment to Illinois Mechanics Lien Act Authorizes Bonding Over of Mechanics Liens Claims

As of January 1, 2016, an amendment to the Illinois Mechanics Lien Act, 770 ILCS. 60/38.1, allows parties with an interest in real estate to substitute an eligible surety bond for a claim for mechanics lien as security for real…more

Condominium Associations, Construction Industry, Homeowners Association (HOA), Mechanics' Lien Acts, Suretyships

See all updates »

Key Takeaways: NHTSA’s Voluntary Guidance for Automated Driving Systems

The U.S. Department of Transportation ("DOT") released its revised federal policy for automated vehicles, entitled “Automated Driving Systems 2.0: A Vision for Safety” (the “Voluntary Guidance”) on September 12, 2017, and at the…more

Automotive Industry, Department of Transportation (DOT), Driverless Cars, NHTSA, Safety Standards

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USCIS to Require In-Person Interviews for Employment-Based Green Card Process

USCIS announced it will expand the in-person interview process for certain beneficiaries of permanent residency applications. In compliance with President Trump’s executive order, “Protecting the Nation from Foreign…more

Executive Orders, Foreign Nationals, Green Cards, Immigration Procedures, Trump Administration

See all updates »

DOL Issues Groundbreaking Fiduciary Investment Rules

Do you have investments in a retirement plan or IRA, or are you a retirement plan fiduciary or provide investment services to a retirement plan or IRA? On April 6, 2016, the Department of Labor (DOL) released its…more

Conflicts of Interest, DOL, Fiduciary Duty, Final Rules, Investment Adviser

See all updates »

Secured Lenders Beware: Delaware Bankruptcy Court Holds Fee Cap

The influential Delaware bankruptcy court issued a recent decision that all secured lenders need to be aware of. In this decision, the bankruptcy court held that the fees of the official creditors’ committee were not limited by…more

Bankruptcy Court, Bankruptcy Plans, Chapter 11, Creditor's Committee, Creditors

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United States Supreme Court Approves Race-Conscious Admissions Policy

On June 23, 2016, in its second trip to the United States Supreme Court, the High Court ruled in Fisher v. University of Texas at Austin, et al. No. 14-981 (June 23, 2016) that the University of Texas’ (“UT”) race-conscious…more

Affirmative Action, College Admissions, Diversity, Equal Protection, Fisher v University of Texas

See all updates »

The Impact of U.S. Export Controls and Economic Sanctions on Colleges and Universities

At the core, a University holds most dear the ability for faculty and students to freely engage in research in an open environment, permitting unrestricted access to the University’s underlying research data, the research…more

Colleges, Economic Sanctions, Educational Institutions, Export Controls, Universities

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New SEC Regulations of Municipal Advisors and Underwriters Take Effect in July

Last fall, the federal Securities Exchange Commission (SEC) issued new rules (Rule) regulating municipal advisors and underwriters, now scheduled to become effective July 1, 2014. In 2010, President Obama signed into law…more

Dodd-Frank, Municipal Advisers, SEC

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Sixth Circuit: Calls to Prior Customers Violates TCPA

Many businesses routinely make telemarketing calls to prior customers. However, a recent ruling holds that this may violate the Telephone Consumer Protection Act (“TCPA)” and may open up businesses and franchises to class action…more

Class Action, Contract Termination, Contract Terms, Corporate Counsel, TCPA

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SCOTUS Expands Sarbanes-Oxley Whistleblowing Protections to Private Contractors of Publicly Traded Companies

Corporate whistleblower protections provided to employees of publicly traded companies by the Sarbanes-Oxley Act also extend to employees of the companies’ private contractors, the U.S. Supreme Court ruled on March 4, 2014. The…more

Contractors, Lawson v FMR, Sarbanes-Oxley, SCOTUS, Subcontractors

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Sinking Fund Legislation Approved by Senate

The Michigan Senate passed HB 4388, which amends Section 1212 of the School Code to allow additional uses of sinking fund proceeds for sinking fund millage proposals authorized by the voters after the bill becomes effective…more

Bonds, New Regulations, Public Schools, State Funding

See all updates »

EEOC Issues Final Rules on Employer Wellness Programs; Clarifies Position on Incentive Caps, Confidentiality and ADA’s “Safe Harbor” Provision

On May 16, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued two final rules regarding employer wellness plans, the first to amend existing regulations under the Genetic Information and Non-Discrimination Act…more

ADA, Affordable Care Act, EEOC, Employer Group Health Plans, Final Rules

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Miller Canfield Secures Court Order Stopping Enforcement of Law Barring Objectively Neutral Speech by Public Officials

On February 5, 2016, United States District Court Judge John Corbett O’Meara issued an Opinion and Order granting a preliminary injunction and blocking enforcement of §57(3) of the Michigan Campaign Finance Act, which barred…more

Ballot Measures, Campaign Finance Reform, Due Process, First Amendment, General Elections

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OMB Stays EEO-1 Pay Data Reporting Requirements Indefinitely

The Office of Management and Budget (“OMB”) issued a memorandum yesterday to the Equal Employment Opportunity Commission (“EEOC”) informing the agency that it is initiating a review of the effectiveness of the pay data reporting…more

Administrative Stay, EEO-1, EEOC, OMB, Pay Data

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Michigan Supreme Court Clarifies Statute of Limitations for Shareholder/Member Oppression Claims

When does the statute of limitations start running on claims for minority shareholder/member oppression under Michigan law? In its recent decision in Frank v. Linkner, a unanimous Michigan Supreme Court answered that…more

Limited Liability Company (LLC), MI Supreme Court, Minority Shareholders, Shareholder Litigation, Shareholder Oppression

See all updates »

Court Denies City of Chicago's Tax on Assignments of Mortgages

In October 2015, we discussed Cook County, Illinois circuit court cases City of Chicago v. KTCP and Halsted West v. City of Chicago, which held that an assignment of a mortgage is a transfer of a “beneficial interest in real…more

ALJ, Assignments, Deed-in-Lieu of Foreclosure, Mortgages, Real Estate Transfers

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Significant Changes for Michigan Court of Claims

Parties engaged in litigation against the State of Michigan in the Court of Claims will do so under new jurisdictional rules that were signed into law on November 12, 2013. The law, PA 164, moves the Court of Claims from the…more

Judges, Jurisdiction

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How Construction Lenders Can Avoid Title Insurance Coverage Denial for Mechanics Liens

A title insurance company can deny a construction lender’s coverage against mechanics liens that were asserted after the lender stopped funding the construction escrow, even though the lender was entitled to do so under the loan…more

Construction Industry, Contractors, First American Title Insurance Co., Insurance Industry, Lenders

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OSHA Injury & Illness Recording of Intoxicated Employee Injury

A recent OSHA Interpretation indicates that a workplace injury an employee sustains when he/she is intoxicated must be recorded on the company’s OSHA Injury and Illness Log. OSHA stated that the exception for recording of…more

Employer Liability Issues, Intoxication, OSHA, Policies and Procedures, Recordkeeping Requirements

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Supreme Court Rules That Unaccepted Offer of Judgment Does Not Moot Class Action & NLRB Doubles Down on Horton and Expands Its Reach

An unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, the U.S. Supreme Court ruled this week in Campbell-Ewald Co. v. Gomez. In the case, Jose Gomez filed a nationwide class-action on behalf of…more

Campbell Ewald v Gomez, Class Action Arbitration Waivers, Class Representatives, D.R. Horton v NLRB, Mootness

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Employees May Use Employers’ Email System to Engage in Protected, Concerted Activity, NLRB Rules

Companies that provide employees access to email systems “must presumptively” allow those employees to use them for statutorily protected communications on non-working time, the National Labor Relations Board (NLRB) ruled on…more

Email, NLRB, Protected Concerted Activity, Purple Communications, Unions

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BREAKING: High Court Limits Where Patent Suits Can Be Filed

The U.S. Supreme Court just shook up the patent world with its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. For nearly 30 years, companies accused of patent infringement could be sued in nearly any place they…more

Domestic Corporations, Foreign Corporations, Forum Shopping, Non-Practicing Entities, Patent Infringement

See all updates »

Michigan Governor Signs Law Eliminating February Regular Elections

Michigan Governor Snyder signed a series of bills on June 30, 2015 amending the Michigan Election Law. The legislation eliminates the regular election date on the fourth Tuesday in February, as well as the March election in…more

Election Laws

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Travelers Beware: Visa Issuance Delay Due to Worldwide System Failure

The U.S. Department of State (DOS) has announced that it is experiencing a critical failure in its visa issuance systems. This system failure is worldwide. All U.S. Consular Posts have temporarily suspended issuance of…more

Delays, Foreign Nationals, International Travel, US Department of State, Visas

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Assigned Rents Not Bankruptcy Estate Property After Assignment is Enforced

On May 2, 2017, the Sixth Circuit Court of Appeals clarified whether a bankruptcy debtor retains any property rights in rents after defaulting on a loan that includes an assignment of rents. The case, Town Center Flats, LLC…more

Assignments, Commercial Bankruptcy, Commercial Property Owners, Lenders, Shopping Centers

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EPA Proposes Change to Environmental Due Diligence Rule For Property Transactions

For the second time in a year, the U.S. Environmental Protection Agency (EPA) proposed to amend the “all appropriate inquiry” rule under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Under…more

ASTM, CERCLA, Contamination, Environmental Assessments, EPA

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New AIA 2017 Construction Contracts, Part II: General Conditions of the Contract

[This is Part II of a four-part series discussing the new AIA 2017 forms. Part I discussed the agreements between the Owner and Contractor (A101-2017 and A102-2017); Part III will discuss the Owner—Architect forms (B101-2017,…more

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

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Trump Trademark Registration in China Signals Positive Change In China IP Law

A short while ago, China finally granted the Trump Organization a trademark registration after a 10-year struggle. The timing of the announcement has fueled concern because just days before, President Trump had a phone call…more

China, Corporate Counsel, Donald Trump, First-to-File, Trademark Registration

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Transformational Brownfield Projects Eligible for Substantial Tax Incentives Under Recently Enacted Legislation

Brownfield redevelopment authorities and developers and owners of transformational brownfield redevelopment projects are eligible for substantial tax incentives under legislation signed by Governor Snyder on June 8, 2017. The…more

Brownfield Properties, Contaminated Properties, Redevelopment, Tax Credits

See all updates »

USCIS to Require In-Person Interviews for Employment-Based Green Card Process

USCIS announced it will expand the in-person interview process for certain beneficiaries of permanent residency applications. In compliance with President Trump’s executive order, “Protecting the Nation from Foreign…more

Executive Orders, Foreign Nationals, Green Cards, Immigration Procedures, Trump Administration

See all updates »

Transformational Brownfield Projects Eligible for Substantial Tax Incentives Under Recently Enacted Legislation

Brownfield redevelopment authorities and developers and owners of transformational brownfield redevelopment projects are eligible for substantial tax incentives under legislation signed by Governor Snyder on June 8, 2017. The…more

Brownfield Properties, Contaminated Properties, Redevelopment, Tax Credits

See all updates »

REITS May Soon be Coming to Poland: Law Firm of Miller Canfield

Poland’s Ministry of Finance published a draft bill which would authorize the establishment and operation of Polish Real Estate Investment Trusts (Spólki Rynku Wynajmu Nieruchomosci) in Poland. At this stage, the proposal has…more

Institutional Investment, Investors, Poland, REIT

See all updates »

NLRB Decision Highlights Problems For Colleges Responding To Organizing Efforts

The National Labor Relations Board (NLRB) has upheld the SEIU’s narrow election victory at Laguna College of Art + Design, despite evidence that a supervisory full-time faculty member had campaigned for the union. In Laguna,…more

Adjunct Faculty, Colleges, Employer Liability Issues, NLRB, SEIU

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Process and Form of Filing Annual Qualifying Statement Revised

Earlier this month, the Michigan Department of Treasury issued Bulletin 6 implementing revisions to the application form and method of filing for the annual Qualifying Statement. The Revised Municipal Finance Act, Public Act 34…more

Annual Filings, Audits, Municipalities

See all updates »

Court of Appeals Holds Email Deliberations Among a “Quorum" of a Public Body Violates the Open Meetings Act

The Michigan Court of Appeals has ruled that email deliberations among a quorum of public body members violates the Open Meetings Act. The Nov. 1, 2016, unpublished opinion was issued by a three-judge panel in the case of Markel…more

Electronic Communications, Open Meetings Act, Public Access Laws

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Michigan Governor Signs Law Excluding Library Taxes from Capture by Tax Increment Financing Entities

On Jan. 9, 2017, Michigan Governor Snyder signed into law a package of bills, all with immediate effect, that would exempt certain taxes levied for library purposes from being captured by tax increment financing authorities,…more

Governor Snyder, Libraries, Tax Increment Financing, Urban Planning & Development

See all updates »

Open Meetings Act Now Requires Additional Notice for Special Meetings

On December 27, 2012, Governor Snyder signed into law HB 5459, which amends the Michigan Open Meetings Act to add several new notice requirements for public bodies holding rescheduled or special meetings…more

Notice Requirements, Open Meetings Act

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Transformational Brownfield Projects Eligible for Substantial Tax Incentives Under Recently Enacted Legislation

Brownfield redevelopment authorities and developers and owners of transformational brownfield redevelopment projects are eligible for substantial tax incentives under legislation signed by Governor Snyder on June 8, 2017. The…more

Brownfield Properties, Contaminated Properties, Redevelopment, Tax Credits

See all updates »

IRS Issues New Rules for Management Contracts involving Tax-Exempt Financed Facilities

The Internal Revenue Service (IRS) issued Revenue Procedure 2017-13 (Rev. Proc. 2017-13) on Jan. 17, 2017. The procedure provides more flexible, modern rules for structuring management contracts involving tax-exempt financed…more

Bond Financing, IRS, Management Contracts, Revenue Procedures, Safe Harbors

See all updates »

DOL Issues Groundbreaking Fiduciary Investment Rules

Do you have investments in a retirement plan or IRA, or are you a retirement plan fiduciary or provide investment services to a retirement plan or IRA? On April 6, 2016, the Department of Labor (DOL) released its…more

Conflicts of Interest, DOL, Fiduciary Duty, Final Rules, Investment Adviser

See all updates »

Michigan Supreme Court Clarifies Statute of Limitations for Shareholder/Member Oppression Claims

When does the statute of limitations start running on claims for minority shareholder/member oppression under Michigan law? In its recent decision in Frank v. Linkner, a unanimous Michigan Supreme Court answered that…more

Limited Liability Company (LLC), MI Supreme Court, Minority Shareholders, Shareholder Litigation, Shareholder Oppression

See all updates »

Temporary Reauthorization Expected for EB-5 Regional Center Program

The EB-5 Regional Center Program is set to sunset on September 30, 2015, at close of the federal fiscal year. Temporary funding legislation introduced in Congress to fund the Federal Government through December 11, 2015,…more

EB-5, Federal Funding, Regional Centers, Targeted Employment Area

See all updates »

OSHA’s Attempt to Expand Citation Statute of Limitations Thwarted by Congressional Review Act Senate Vote

On March 22, 2017, the Senate, by a vote of 50-48, passed a House of Representatives’ resolution which overturned the OSHA Rule seeking to expand the statute of limitations period for citations it issues to employers. OSHA…more

Citations, Congressional Review Act, OSHA, Recordkeeping Requirements, Statute of Limitations

See all updates »

Personal Property Tax Exemption Filing Deadline Extended to May 31

On Thursday, May 25, 2017, Governor Rick Snyder signed a bill to extend the deadline for filing Personal Property Tax (PPT) statements to claim the exemption for manufacturing personal property until Wednesday, May 31, 2017. …more

Filing Deadlines, Governor Snyder, Personal Property Tax, Tax Exemptions

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Right to Compute Tax Pursuant to Multistate Tax Compact Under Review in Michigan

Can a multistate corporation elect to use the Multistate Tax Compact’s apportionment reporting method in place of the Michigan Business Tax Act’s mandated formula without the Department of Treasury’s permission? The Michigan…more

Multistate Corporations, Tax Reform, U.S. Treasury

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The Department of Labor Withdraws Obama Era Independent Contractor and Joint Employer Guidance

The U.S. Department of Labor has indicated that the department will move in a new, more employer-friendly direction, leaving many businesses feeling hopeful. On June 7, 2017, the United States Department of Labor issued a…more

DOL, FLSA, Independent Contractors, Joint Employers, Migrant and Seasonal Agricultural Worker Protection Act (MSPA)

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BREAKING: High Court Limits Where Patent Suits Can Be Filed

The U.S. Supreme Court just shook up the patent world with its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. For nearly 30 years, companies accused of patent infringement could be sued in nearly any place they…more

Domestic Corporations, Foreign Corporations, Forum Shopping, Non-Practicing Entities, Patent Infringement

See all updates »

IRS Retirement Plan Limitations for 2017

Recently, the Internal Revenue Service (IRS) issued the updated retirement plan limitations for 2017. IRS Notice 2016-62 sets forth the 2017 limits to amounts that can be deferred under 401(k) plans, 403(b) and 457(b) plans as…more

Benefit Plan Sponsors, COLA, Contribution Limits, IRS, Retirement Plan

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New Form I-9 Takes Effect Today

As we alerted you in March, the U.S. Citizenship & Immigration Service (USCIS) released a new version of the Form I-9, Employment Eligibility Verification, but allowed employers to continue using the previous version for a…more

Eligibility, Hiring & Firing, I-9, USCIS

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Court Denies City of Chicago's Tax on Assignments of Mortgages

In October 2015, we discussed Cook County, Illinois circuit court cases City of Chicago v. KTCP and Halsted West v. City of Chicago, which held that an assignment of a mortgage is a transfer of a “beneficial interest in real…more

ALJ, Assignments, Deed-in-Lieu of Foreclosure, Mortgages, Real Estate Transfers

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Nowa Administracja Prezydenta-Elekta Trumpa, a plany dotyczace korekty „podatku granicznego” (Polish)

Przedsiebiorstwa importujace produkty do USA powinny zwrócic uwage na obecnie toczaca sie w Waszyngtonie dyskusje dotyczaca rozwazanej reformy federalnego systemu podatku dochodowego od osób prawnych i objecia nim tzw. „podatku…more

Border Tax, Exports, Imports, NAFTA, Tariffs

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What Employers Need To Know About Trump's Immigration Order

On Jan. 27, 2017, President Donald Trump signed an executive order, “Protecting the Nation from Foreign Terrorist Entry into the United States.” The order focuses on visa issuance, screening procedures, and refugees…more

Executive Orders, Foreign Nationals, Green Cards, Refugees, Trump Administration

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The Impact of US Export Controls on the Sale of a Manufacturing Business

An owner of a US business that manufactures export-controlled items (“Export Business”) nears retirement. The owner decides to sell the Export Business. In a win for the owner, the sale of the Export Business interests both US…more

Export Controls, Exporters, Manufacturers, Stock Sale Agreements

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Summary of IC-DISC Tax Benefits

Interest-Charge Domestic International Sales Corporations (“IC-DISCs”) offer significant potential tax benefits for U.S. companies that export U.S. manufactured products or certain engineering or architectural services with…more

C-Corporation, Corporate Taxes, IC-DISC, Limited Liability Company (LLC), Partnerships

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USCIS Reaches FY 2017 H-1B Cap

On April 7, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it had reached the H-1B cap for Fiscal Year 2017. Accordingly, USCIS will no longer accept cap-subject H-1B petitions…more

H-1B, Highly-Skilled Workers Visa, Lottery, USCIS, Visa Caps

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OMB Stays EEO-1 Pay Data Reporting Requirements Indefinitely

The Office of Management and Budget (“OMB”) issued a memorandum yesterday to the Equal Employment Opportunity Commission (“EEOC”) informing the agency that it is initiating a review of the effectiveness of the pay data reporting…more

Administrative Stay, EEO-1, EEOC, OMB, Pay Data

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DOL Issues Groundbreaking Fiduciary Investment Rules

Do you have investments in a retirement plan or IRA, or are you a retirement plan fiduciary or provide investment services to a retirement plan or IRA? On April 6, 2016, the Department of Labor (DOL) released its…more

Conflicts of Interest, DOL, Fiduciary Duty, Final Rules, Investment Adviser

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Arbitration Agreements Can Be Used to Avoid Class Claims Under Labor Laws

Employers can avoid class claims by entering agreements that require individual arbitration, but they should review those agreements to ensure that they contain clear exceptions for employees’ right to pursue unfair labor…more

Arbitration, Arbitration Agreements, Class Action, D.R. Horton, D.R. Horton v NLRB

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DOJ and FTC Issue Updates to Antitrust Guidelines for the Licensing of Intellectual Property for the First Time Since 1995

For the first time, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) have updated the Antitrust Guidelines for the Licensing of Intellectual Property (“IP Licensing Guidelines”). First issued in 1995,…more

Antitrust Provisions, Corporate Counsel, Defend Trade Secrets Act (DTSA), DOJ, FTC

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¿Podría el Presidente Trump sacar a los Estados Unidos del TLCAN? Preguntas frecuentes básicas.

Durante su campaña para presidente, el Presidente-Electo Trump prometió repetidamente renegociar el TLCAN e imponer un arancel del 35 por ciento sobre las importaciones procedentes de México y un arancel aun mayor a las…more

Free Trade Agreements, Mexico, NAFTA, Tariffs, Trade Policy

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Illinois Legislature and Court Clarifies Confusion on Mortgage Requirements after In re Crane

A new Illinois law will close a loophole through which some mortgages could be subject to avoidance in bankruptcy. The loophole, created by U.S. Bankruptcy Court’s (C.D. Illinois) 2012 In re Crane opinion, allowed a bankruptcy…more

Chapter 7, Interest Rates, Mortgages, Trustees

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EEOC Issues New Guidance on Retaliation

The Equal Employment Opportunity Commission (EEOC) recently issued new Enforcement Guidance on Retaliation and Related Issues, marking the first time that the EEOC has issued a formal resource document on retaliation since…more

Administrative Interpretation, Anti-Retaliation Provisions, Canada, EEOC, Employer Liability Issues

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District Court Invalidates DOL's White Collar Regulations

The higher salary requirements under the Fair Labor Standards Act (FLSA) white collar exemptions that were set to take effect December 1, 2016, have been ruled invalid by a U.S. District Court in Texas. The same court…more

Appeals, DOL, Final Rules, FLSA, Minimum Salary

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Does Your Human Resources Department Understand Antitrust?

Several Hollywood companies have agreed to pay $170 million to settle a class-action lawsuit by animators who claimed their wages were depressed by unlawful anti-poaching agreements. The recent settlements highlight that now…more

Antitrust Violations, Class Action, Consent Agreements, Disney, DOJ

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7th Circuit Becomes First Appellate Court To Extend Title VII Protection To Sexual Orientation

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit, sitting en banc, issued a landmark opinion becoming the first appellate court to hold that Title VII of the Civil Rights Act prohibits discrimination…more

EEOC, Employer Liability Issues, LGBT, Price Waterhouse, Sex Discrimination

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Key Takeaways: NHTSA’s Voluntary Guidance for Automated Driving Systems

The U.S. Department of Transportation ("DOT") released its revised federal policy for automated vehicles, entitled “Automated Driving Systems 2.0: A Vision for Safety” (the “Voluntary Guidance”) on September 12, 2017, and at the…more

Automotive Industry, Department of Transportation (DOT), Driverless Cars, NHTSA, Safety Standards

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DOJ and FTC Issue Updates to Antitrust Guidelines for the Licensing of Intellectual Property for the First Time Since 1995

For the first time, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) have updated the Antitrust Guidelines for the Licensing of Intellectual Property (“IP Licensing Guidelines”). First issued in 1995,…more

Antitrust Provisions, Corporate Counsel, Defend Trade Secrets Act (DTSA), DOJ, FTC

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Assigned Rents Not Bankruptcy Estate Property After Assignment is Enforced

On May 2, 2017, the Sixth Circuit Court of Appeals clarified whether a bankruptcy debtor retains any property rights in rents after defaulting on a loan that includes an assignment of rents. The case, Town Center Flats, LLC…more

Assignments, Commercial Bankruptcy, Commercial Property Owners, Lenders, Shopping Centers

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New Exemption for Uncapping of Residential Property Tax Takes Effect December 31

Owners of residential property in Michigan, including cottages, wanting to transfer the property to a relative without uncapping the value for property tax purposes, may be in luck. The Michigan Legislature has adopted a new…more

Exemptions, Property Tax, Valuation

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Secured Lenders Beware: Delaware Bankruptcy Court Holds Fee Cap

The influential Delaware bankruptcy court issued a recent decision that all secured lenders need to be aware of. In this decision, the bankruptcy court held that the fees of the official creditors’ committee were not limited by…more

Bankruptcy Court, Bankruptcy Plans, Chapter 11, Creditor's Committee, Creditors

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Sinking Fund Legislation Approved by Senate

The Michigan Senate passed HB 4388, which amends Section 1212 of the School Code to allow additional uses of sinking fund proceeds for sinking fund millage proposals authorized by the voters after the bill becomes effective…more

Bonds, New Regulations, Public Schools, State Funding

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District Court Invalidates DOL's White Collar Regulations

The higher salary requirements under the Fair Labor Standards Act (FLSA) white collar exemptions that were set to take effect December 1, 2016, have been ruled invalid by a U.S. District Court in Texas. The same court…more

Appeals, DOL, Final Rules, FLSA, Minimum Salary

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“Duty to Preserve” May Include “Duty to Recover”

A company’s duty to preserve electronic evidence may include a duty to recover it if lost, even if the company did not intentionally destroy it, the U.S. District Court for the District of Columbia ruled. But the defendant’s…more

Data Recovery, Data Retention, Discovery, Record Preservation, Spoliation

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Hague Convention on Choice of Court Agreements Treaty Entered Into Force

On October 1, 2015, the Hague Convention on Choice of Court Agreements treaty entered into force, binding Mexico and all of the members of the European Union with the exception of Denmark. The United States and Singapore have…more

Choice of Court Agreements Treaty, EU, Forum Selection, Hague Convention, Mexico

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Court Denies City of Chicago's Tax on Assignments of Mortgages

In October 2015, we discussed Cook County, Illinois circuit court cases City of Chicago v. KTCP and Halsted West v. City of Chicago, which held that an assignment of a mortgage is a transfer of a “beneficial interest in real…more

ALJ, Assignments, Deed-in-Lieu of Foreclosure, Mortgages, Real Estate Transfers

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Sinking Fund Legislation Approved by Senate

The Michigan Senate passed HB 4388, which amends Section 1212 of the School Code to allow additional uses of sinking fund proceeds for sinking fund millage proposals authorized by the voters after the bill becomes effective…more

Bonds, New Regulations, Public Schools, State Funding

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Renewable Energy in Indian Country

On November 27, 2012, the United States Department of the Interior announced new final rules concerning leases for wind and solar energy development in Indian Country. For the first time, the rules will specifically address…more

Wind Power

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Is it Time for Athletes to Demand Reciprocal Morals Clauses in Their Endorsement Deals?

While the confetti is still settling after the most exciting Super Bowl in recent memory, discussion has turned to the RSVP list for the traditional White House victory reception. At least six members of the New England Patriots…more

Contract Terms, Entertainment Industry, Morals Clauses, Sports

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Key Takeaways: NHTSA’s Voluntary Guidance for Automated Driving Systems

The U.S. Department of Transportation ("DOT") released its revised federal policy for automated vehicles, entitled “Automated Driving Systems 2.0: A Vision for Safety” (the “Voluntary Guidance”) on September 12, 2017, and at the…more

Automotive Industry, Department of Transportation (DOT), Driverless Cars, NHTSA, Safety Standards

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Sixth Circuit: Calls to Prior Customers Violates TCPA

Many businesses routinely make telemarketing calls to prior customers. However, a recent ruling holds that this may violate the Telephone Consumer Protection Act (“TCPA)” and may open up businesses and franchises to class action…more

Class Action, Contract Termination, Contract Terms, Corporate Counsel, TCPA

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Temporary Reauthorization Expected for EB-5 Regional Center Program

The EB-5 Regional Center Program is set to sunset on September 30, 2015, at close of the federal fiscal year. Temporary funding legislation introduced in Congress to fund the Federal Government through December 11, 2015,…more

EB-5, Federal Funding, Regional Centers, Targeted Employment Area

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Countries Close to Signing U.S.-China Bilateral Investment Treaty

After 24 rounds of negotiations, former Chinese Minister of Commerce Chen Deming announced on March 23, 2016, that the United States and China have resolved several key roadblocks and are close to signing a U.S.-China bilateral…more

Bilateral Investment Treaties, China, Foreign Corporations, Foreign Direct Investment, Ratification

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Sixth Circuit Rules That Employees Are Not Entitled to Vested Health Benefits

In a ruling that follows the Supreme Court’s repudiation in M&G Polymers USA v. Tackett of the retiree-friendly inferences set forth in UAW v. Yard-Man, the United States Court of Appeals for the Sixth Circuit ruled in Gallo v…more

Appeals, Collective Bargaining Agreements (CBA), Corporate Counsel, Retirement, Vesting

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Miller Canfield Secures Court Order Stopping Enforcement of Law Barring Objectively Neutral Speech by Public Officials

On February 5, 2016, United States District Court Judge John Corbett O’Meara issued an Opinion and Order granting a preliminary injunction and blocking enforcement of §57(3) of the Michigan Campaign Finance Act, which barred…more

Ballot Measures, Campaign Finance Reform, Due Process, First Amendment, General Elections

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Key Takeaways: NHTSA’s Voluntary Guidance for Automated Driving Systems

The U.S. Department of Transportation ("DOT") released its revised federal policy for automated vehicles, entitled “Automated Driving Systems 2.0: A Vision for Safety” (the “Voluntary Guidance”) on September 12, 2017, and at the…more

Automotive Industry, Department of Transportation (DOT), Driverless Cars, NHTSA, Safety Standards

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Personal Property Tax Exemption Filing Deadline Extended to May 31

On Thursday, May 25, 2017, Governor Rick Snyder signed a bill to extend the deadline for filing Personal Property Tax (PPT) statements to claim the exemption for manufacturing personal property until Wednesday, May 31, 2017. …more

Filing Deadlines, Governor Snyder, Personal Property Tax, Tax Exemptions

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Court Holds School Districts Not Barred by State Law from Prohibiting Firearms on School Property

In two separate cases, a Michigan Court of Appeals panel determined that state law does not preempt public school policies relating to the possession of firearms in schools and at school-sponsored events. In the lead case,…more

Appeals, Concealed Carry Permit, Firearms, Preemption, Public Schools

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New AIA 2017 Construction Contracts, Part II: General Conditions of the Contract

[This is Part II of a four-part series discussing the new AIA 2017 forms. Part I discussed the agreements between the Owner and Contractor (A101-2017 and A102-2017); Part III will discuss the Owner—Architect forms (B101-2017,…more

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

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Significant Changes for Michigan Court of Claims

Parties engaged in litigation against the State of Michigan in the Court of Claims will do so under new jurisdictional rules that were signed into law on November 12, 2013. The law, PA 164, moves the Court of Claims from the…more

Judges, Jurisdiction

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Countries Close to Signing U.S.-China Bilateral Investment Treaty

After 24 rounds of negotiations, former Chinese Minister of Commerce Chen Deming announced on March 23, 2016, that the United States and China have resolved several key roadblocks and are close to signing a U.S.-China bilateral…more

Bilateral Investment Treaties, China, Foreign Corporations, Foreign Direct Investment, Ratification

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MOFCOM’s Pilot Program for Reviewing and Approving Foreign Investment Projects

The People's Republic of China Ministry of Commerce (“MOFCOM”) recently implemented a pilot program to optimize the procedure for reviewing and approving foreign investment projects by central MOFCOM. Effective May 28, 2014, all…more

China, Foreign Investment, MOFCOM

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DOL's 'Persuader' Rule Permanently Blocked By Texas Court

As we explained in our March 24, 2016 alert, on March 23, 2016, the Department of Labor (“DOL”) finalized its “persuader” rule, which would have required that employers and legal consultants report all pay arrangements regarding…more

DOL, First Amendment, LMRDA, Persuader Rules, Preliminary Injunctions

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NLRB Regional Director Orders Union Election in a Unit of Undergraduate Employees

On Friday, April 21, 2017, a regional director for the National Labor Relations Board (NLRB) ordered that a union representation election must be held in a unit composed of 110 undergraduate student residential advisors at…more

Bargaining Units, Educational Institutions, NLRB, Student Employees, Union Elections

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