Miller Canfield

DOL Issues New Guidance Regarding the Misclassification of Employees as Independent Contractors

On July 15, 2015, David Weil, the Administrator for the U.S. Department of Labor (DOL), Wage and Hour Division, issued an Administrator’s Interpretation aimed at addressing the misclassification of employees as independent…more

DOL, Employee Definition, Employer Liability Issues, Independent Contractors, Misclassification

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SCOTUS Clarifies “Fraud on the Market” Procedure in Securities Class Actions

Investors suing for damages in a private securities fraud action under the U.S. securities laws must prove, among other things, that they relied on the defendant’s misstatement when they bought or sold a security. In Basic v…more

Basic v Levinson, Class Certification, Fraud, Fraud-on-the-Market, Halliburton

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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U.S. Companies with Foreign Affiliates: Important Deadline for BEA Filing Approaching

The U.S. Bureau of Economic Analysis (BEA) has extended the deadline for first-time filers of BE-10 forms to June 30, 2015. The BEA is willing to consider reasonable requests for extension, provided that the extension request…more

BEA, Filing Deadlines, Filing Requirements, Foreign Affiliates, Form BE-10

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U.S. Supreme Court Rules Abstract Idea Implemented on Generic Computer is Not Patent Eligible

Patent claims that merely require generic computer implementation do not transform a patent-ineligible abstract idea into a patent-eligible invention, the U.S. Supreme Court ruled in Alice Corp v. CLS Bank, decided on Thursday,…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Generic, Patent Infringement

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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

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“Black and White” Is So 2014 for EU Trademarks

Under a new Community Trade Mark (CTM) rule, trademarks filed in black and white, or greyscale, may no longer be protected if the mark is used predominantly in color. The CTM system creates a unified trademark registration…more

Color Marks, Community Trademark, EU, International Harmonization, Member State

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Same-Sex Marriage Ruling Will Impact Employers

On Friday, June 26, 2015, the U.S. Supreme Court issued its ruling in Obergefell v. Hodges, a landmark decision in which it held all state laws banning same-sex marriage to be unconstitutional. The effect of this decision is…more

Employee Rights, Equal Protection, FMLA, Fourteenth Amendment, Marriage Equality

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

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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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Recent Latin-American Anti-Corruption Investigations and Cases

In the last few years, several Latin American countries and the United States have increased their focus on anti-corruption matters. This article will survey some of the most significant recent public anti-corruption…more

Amado Boudou, Anti-Corruption, Direct Access Partners, Eli Lilly, Enforcement

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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 »

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

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No Federal RICO Option for Failed State Worker’s Compensation Claims

Plaintiffs who failed in their state worker’s compensation claim cannot sue their employers and their medical experts under federal civil racketeering laws, the en banc 6th U.S. Circuit Court of Appeals has ruled…more

Bodily Injury, Physicians, Racketeering, RICO

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Michigan Becomes the Sixth State to Enact So-Called “Facebook Password” Law

As we alerted you on December 21, 2012, the Michigan Legislature passed House Bill 5523, known as the Internet Privacy Protection Act (IPPA). On December 28, 2012, Governor Snyder signed the IPPA, which took effect immediately…more

Facebook, Internet Privacy Protection Acts, Passwords, Social Media

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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

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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

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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

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, State Elections

See All Updates »

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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DOL Issues New Guidance Regarding the Misclassification of Employees as Independent Contractors

On July 15, 2015, David Weil, the Administrator for the U.S. Department of Labor (DOL), Wage and Hour Division, issued an Administrator’s Interpretation aimed at addressing the misclassification of employees as independent…more

DOL, Employee Definition, Employer Liability Issues, Independent Contractors, Misclassification

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 »

Sharing Sensitive Technologies Between International Affiliates

In the normal course of operations between U.S. and foreign affiliates, inter-company communications and data conveyances are frequent and occur both intentionally and inadvertently. The U.S.-foreign affiliation can be in the…more

Affiliates, Corporate Counsel, EAR, Exports, Foreign Affiliates

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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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President Obama Signs Equal Pay Actions

President Barack Obama took steps towards erasing pay disparity between genders on Tuesday by signing an Executive Order and Presidential Memorandum focusing on fair pay. The executive actions coincide with April 8 being deemed…more

Barack Obama, Disclosure Requirements, Equal Pay, Executive Orders, Federal Contractors

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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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But That’s Just, Like, Your Opinion, Man: U.S. Supreme Court Clarifies Executive Statement Liability Under Securities Law

Statements of opinion do not constitute an “untrue statement of fact” if they turn out to be incorrect, the U.S. Supreme Court has ruled in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, drawing…more

C-Suite Executives, Issuers, Material Misstatements, Omnicare, Omnicare v Laborers District Council

See All Updates »

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

See All Updates »

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., Insurers, Lenders

See All Updates »

Michigan Legislature Loosens Restrictions on Microbreweries

The Michigan Legislature passed long-awaited changes to Michigan’s alcohol laws with overwhelming support on Wednesday, and the bills are expected to be signed by the Gov. Rick Snyder. These changes will allow Michigan’s already…more

Breweries, Wine & Alcohol

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Complaint to a Harassing Supervisor Is Enough to Support a Title VII Retaliation Claim

An employee’s harassment complaint made directly to the harassing supervisor can be sufficient “protected activity” to support a Title VII retaliation claim, the 6th Circuit ruled last week in EEOC v. New Breed Logistics…more

EEOC, Employer Liability Issues, Enforcement Actions, Harassment, Internal Reporting

See All Updates »

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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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, State Elections

See All Updates »

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

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Michigan Supreme Court Issues Opinion on State’s Foreclosure Statute

Shortly before the end of 2012, the Michigan Supreme Court issued its first opinion in a calendar case on Michigan's foreclosure statute in nearly 20 years. In Kim v JPMorgan Chase Bank, N.A., --- Mich ----; --- NW2d ---- (Mich…more

Assignments, Foreclosure, Mortgages, Voidable

See All Updates »

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

See All Updates »

Changes on the Horizon for EB-5 Immigrant Investor Visa Program

The Obama Administration released a report on July 15 titled “Modernizing & Streamlining our Immigration Legal System for the 21st Century.” The Report, which builds upon the President’s executive action on immigration announced…more

Barack Obama, EB-5, Executive Orders, Foreign Nationals, Green Cards

See All Updates »

Significant Changes to Michigan FOIA Laws Coming In July

Michigan governmental entities will face significant new regulations on how they charge for responses to Freedom of Information Act (FOIA) requests beginning July 1, 2015. …more

FOIA, New Legislation, Policies and Procedures

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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

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 »

Court OKs Unemployment Benefits for Some Michigan Medical Marijuana Users

An employee who has a registration identification card issued under the Michigan Medical Marihuana Act (MMMA) may collect unemployment benefits if he is fired for a positive marijuana test, the Michigan Court of Appeals recently…more

Medical Marijuana, Unemployment Benefits

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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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SEC Municipalities Continuing Disclosure Cooperation Initiative: Should A Bond Issuer Self-Report?

Municipal securities issuers have the opportunity to self-report material misstatements in official statements regarding prior compliance with continuing disclosure undertakings under a new initiative introduced by the…more

Compliance, Enforcement, Material Misstatements, MCDC, Municipalities

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SCOTUS: Timeliness of Fiduciary Breach Claim May Depend on Alleged Failure to Monitor Selection of Investment Options

On May 18, 2015, the U.S. Supreme Court unanimously concluded that the timeliness of an Employee Retirement Income Security Act (ERISA) breach of fiduciary claim regarding the selection of investments in a 401(k) plan is not…more

401k, Benefit Plan Sponsors, Breach of Duty, ERISA, Fiduciary Duty

See All Updates »

But That’s Just, Like, Your Opinion, Man: U.S. Supreme Court Clarifies Executive Statement Liability Under Securities Law

Statements of opinion do not constitute an “untrue statement of fact” if they turn out to be incorrect, the U.S. Supreme Court has ruled in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, drawing…more

C-Suite Executives, Issuers, Material Misstatements, Omnicare, Omnicare v Laborers District Council

See All Updates »

Same-Sex Marriage Ruling Will Impact Employers

On Friday, June 26, 2015, the U.S. Supreme Court issued its ruling in Obergefell v. Hodges, a landmark decision in which it held all state laws banning same-sex marriage to be unconstitutional. The effect of this decision is…more

Employee Rights, Equal Protection, FMLA, Fourteenth Amendment, Marriage Equality

See All Updates »

Let's Make a Deal: Michigan Has New Powers to Settle Tax Debts

Taxpayers with outstanding debts owed to the State of Michigan can settle those debts under an offer-in-compromise program that took effect earlier this year. In order to qualify for the program, a taxpayer must have filed tax…more

Income Taxes, Offers in Compromise, Tax Returns

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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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Colorado High Court Finds Smoking Medical Marijuana a Drag on Employment

The Colorado Supreme Court ruled that an employee who uses medicinal marijuana at home during non-working hours can be discharged for failing a drug test. While application may be limited by its heavy reliance on Colorado state…more

CO Supreme Court, Controlled Substances Act, Disabled, Drug Testing, Hiring & Firing

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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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Have You Agreed Not to Export Software? Yes!

Do you think of yourself as a potential software exporter? If you're reading this article, chances are you purchased software online from Amazon or Apple, and by doing so you agreed not to export software. As a condition of…more

Amazon, Apple, EULA, Exports, Licenses

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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, LLC, Partnerships

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Changes on the Horizon for EB-5 Immigrant Investor Visa Program

The Obama Administration released a report on July 15 titled “Modernizing & Streamlining our Immigration Legal System for the 21st Century.” The Report, which builds upon the President’s executive action on immigration announced…more

Barack Obama, EB-5, Executive Orders, Foreign Nationals, Green Cards

See All Updates »

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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DOL Revises Forms to Comply With EEOC Guidance Regarding GINA

The U.S. Department of Labor (DOL) has issued five new Family Medical Leave Act (FMLA) certification forms. When the DOL issued its March 2013 revision to the FMLA regulations, its primary purpose was to address the 2008…more

DOL, EEOC, Filing Requirements, FMLA, FMLA Certification Forms

See All Updates »

Same-Sex Marriage Ruling Will Impact Employers

On Friday, June 26, 2015, the U.S. Supreme Court issued its ruling in Obergefell v. Hodges, a landmark decision in which it held all state laws banning same-sex marriage to be unconstitutional. The effect of this decision is…more

Employee Rights, Equal Protection, FMLA, Fourteenth Amendment, Marriage Equality

See All Updates »

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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U.S. Supreme Court Enforces Class Action Arbitration Waivers Despite Claim That Cost of Arbitrating Exceed Potential Recovery

The Federal Arbitration Act (“FAA”) does not permit courts to invalidate a contractual waiver of class arbitration where the costs of pursuing an individual federal statutory claim in arbitration would exceed the potential…more

American Express, American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, Class Action

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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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Complaint to a Harassing Supervisor Is Enough to Support a Title VII Retaliation Claim

An employee’s harassment complaint made directly to the harassing supervisor can be sufficient “protected activity” to support a Title VII retaliation claim, the 6th Circuit ruled last week in EEOC v. New Breed Logistics…more

EEOC, Employer Liability Issues, Enforcement Actions, Harassment, Internal Reporting

See All Updates »

SCOTUS: Timeliness of Fiduciary Breach Claim May Depend on Alleged Failure to Monitor Selection of Investment Options

On May 18, 2015, the U.S. Supreme Court unanimously concluded that the timeliness of an Employee Retirement Income Security Act (ERISA) breach of fiduciary claim regarding the selection of investments in a 401(k) plan is not…more

401k, Benefit Plan Sponsors, Breach of Duty, ERISA, Fiduciary Duty

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Supreme Court Clarifies Protections for Religion in Hiring

On June 1, 2015, the United States Supreme Court issued a much anticipated ruling on the Title VII religious bias claim brought by a Muslim female applicant who wore a religiously mandated headscarf to her interview and was…more

Abercrombie & Fitch, Disparate Impact, Disparate Treatment, EEOC, EEOC v Abercrombie

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Supreme Court Turns FDCA Preclusion Argument to Pulp in Lanham Act Juice Case

Demonstrating compliance with Food and Drug Administration (FDA) labeling rules wasn’t enough for Coca-Cola to ward off a Lanham Act false-advertising claim by POM Wonderful, LLC, the U.S. Supreme Court unanimously ruled in POM…more

Coca Cola, False Advertising, False Claims Act, FDA, FDCA

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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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DOL Issues New Guidance Regarding the Misclassification of Employees as Independent Contractors

On July 15, 2015, David Weil, the Administrator for the U.S. Department of Labor (DOL), Wage and Hour Division, issued an Administrator’s Interpretation aimed at addressing the misclassification of employees as independent…more

DOL, Employee Definition, Employer Liability Issues, Independent Contractors, Misclassification

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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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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 »

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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NLRB Ups the Stakes for Successor Employers

A recent National Labor Relations Board decision could significantly increase the damages that employees can recover against an employer that acquires a business but refuses to hire the employees of the predecessor. The decision…more

Corporate Counsel, Corporate Sales Transactions, Employer Liability Issues, Hiring & Firing, NLRB

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China’s New 3Rs-Warranty Policy for Domestic-Use Automobiles: An Overview

The “Provisions on the Liability for the Repair, Replacement and Return of Domestic-Use Automobile Products” (the “Provisions”) issued by the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) took…more

Automotive Industry, Motor Vehicles, Warranties

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U.S. Supreme Court Rebukes Reliance on Yard-Man In Retiree Health Benefit Dispute

The U.S. Supreme Court ruled that the Sixth Circuit’s reliance on retiree-friendly inferences set forth in UAW v. Yard-Man are incompatible with ordinary principles of contract interpretation and should not be used when…more

CBAs, Collective Bargaining, Contract Interpretation, Employee Benefits, Former Employee

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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 »

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., Insurers, Lenders

See All Updates »

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

See All Updates »

U.S. Companies with Foreign Affiliates: Important Deadline for BEA Filing Approaching

The U.S. Bureau of Economic Analysis (BEA) has extended the deadline for first-time filers of BE-10 forms to June 30, 2015. The BEA is willing to consider reasonable requests for extension, provided that the extension request…more

BEA, Filing Deadlines, Filing Requirements, Foreign Affiliates, Form BE-10

See All Updates »

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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NLRB General Counsel Offers Guidance on Handbook Policies

A recent report from the National Labor Relations Board (NLRB or Board) Office of the General Counsel (OGC) offers a glimpse into the Board’s current direction on the topic of employee handbook policy compliance with Section 7…more

Employee Handbooks, New Guidance, NLRA, NLRB

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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

See All Updates »

Contact

150 West Jefferson Suite 2500
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Contact: Christy Baas, Manager, Global Branding + Media

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