Miller Canfield

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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New Overtime Rules Issued: Employers Must Review Status By Year-End

On May 18, 2016, the Department of Labor (DOL) issued its final rule updating current overtime regulations. The final rule significantly alters the compensation levels required for executive, administrative and professional…more

DOL, Final Rules, FLSA, Minimum Salary, Over-Time

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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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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

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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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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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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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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

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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

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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

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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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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

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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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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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OSHA Delays Enforcement of Injury Reporting Anti-Retaliation Provisions

We recently alerted you to provisions affecting employer drug testing and safety incentive programs contained in the amended OSHA Injury & Illness Recordkeeping Standard. Drug testing and safety incentives that OSHA deems to…more

Anti-Retaliation Provisions, Drug Testing, Incentives, OSHA, Reporting Requirements

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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

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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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State and local governments continue to see a reduction in credits available for Direct Pay Bonds

As a result of federal sequestration, state and local governments who have issued certain direct pay bonds have seen a reduction in tax subsidy payments since March 1, 2013. Sequestration is a result of Congress’ failure to…more

Bonds, Direct Pay Bonds, Federal Budget, Internal Revenue Code (IRC), Sequestration

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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, Mechanics' Lien Acts, Suretyships

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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

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Court Clarifies Public Bodies Requirement to Provide Documents Under FOIA

A public body must respond to a FOIA request within five days, but the Michigan Court of Appeals has opined that there is no obligation to produce the requested information within that timeframe. In a June 23, 2016,…more

Appeals, Delays, FOIA, Public Entities, Public Records

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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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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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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, Mechanics' Lien Acts, Suretyships

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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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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

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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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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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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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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, Material Misstatements, Omnicare, Omnicare v Laborers District Council, Personal Liability

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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, Mechanics' Lien Acts, Suretyships

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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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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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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

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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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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, Mechanics' Lien Acts, Suretyships

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Court Clarifies Public Bodies Requirement to Provide Documents Under FOIA

A public body must respond to a FOIA request within five days, but the Michigan Court of Appeals has opined that there is no obligation to produce the requested information within that timeframe. In a June 23, 2016,…more

Appeals, Delays, FOIA, Public Entities, Public Records

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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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Court Clarifies Public Bodies Requirement to Provide Documents Under FOIA

A public body must respond to a FOIA request within five days, but the Michigan Court of Appeals has opined that there is no obligation to produce the requested information within that timeframe. In a June 23, 2016,…more

Appeals, Delays, FOIA, Public Entities, Public Records

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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

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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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Court Clarifies Public Bodies Requirement to Provide Documents Under FOIA

A public body must respond to a FOIA request within five days, but the Michigan Court of Appeals has opined that there is no obligation to produce the requested information within that timeframe. In a June 23, 2016,…more

Appeals, Delays, FOIA, Public Entities, Public Records

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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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New Law Limits Ability of Local Governments and School Districts to Communicate Regarding Ballot Questions

On January 6, 2016, Governor Rick Snyder signed into law Public Act 269 of 2015 (“Act 269”), which amends the Michigan Campaign Finance Act, Act 388, Public Acts of Michigan, 1976, as amended (“Act 388”). Among other…more

Ballot Measures, Broadcasting, New Legislation, Political Campaigns, Public Funds

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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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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, Material Misstatements, Omnicare, Omnicare v Laborers District Council, Personal Liability

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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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OSHA Delays Enforcement of Injury Reporting Anti-Retaliation Provisions

We recently alerted you to provisions affecting employer drug testing and safety incentive programs contained in the amended OSHA Injury & Illness Recordkeeping Standard. Drug testing and safety incentives that OSHA deems to…more

Anti-Retaliation Provisions, Drug Testing, Incentives, OSHA, Reporting Requirements

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Michigan Court of Appeal finds Multistate Tax Compact applicable to the former Michigan Single Business Tax (SBT) Act

On February 25, 2016, the Michigan Court of Appeals released a decision for publication in the consolidated case of AK Steel Holding Corporation v. Department of Treasury, which upholds the ability of taxpayers to make the…more

Corporate Taxes, IBM, Income Apportionment, MI Supreme Court, Multistate Corporations

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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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NLRB Allows Private University Students to Unionize

The National Labor Board of Relations decision released on Aug. 23, 206, will have far-reaching consequences for private universities and colleges. The decision promises to be a potential source of litigation and headaches for…more

Collective Bargaining, Corporate Counsel, Educational Institutions, NLRA, NLRB

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Congress Finally Agrees: Passes Federal Trade Secrets Act

After years of legislative fits and starts, the U.S. House of Representatives on April 27, 2016, passed a bill federalizing trade-secret law. President Obama is expected to sign the bill in short order. Titled the “Defend Trade…more

America Invents Act, Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Intellectual Property Protection

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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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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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European Court Invalidates EU-US Data Privacy Safe Harbor Framework

The Grand Chamber of the Court of Justice of the European Union recently invalidated the Safe Harbor Framework for data transfer from the E.U. to the U.S. The Safe Harbor Framework has provided a method to transfer personal…more

Binding Corporate Rules, Data Protection Authority, EU, EU Data Protection Laws, European Commission

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The Real Export Compliance Challenges of Simulation Software

Simulation software plays a vital role within industry by virtualising the natural trial and error of research and development, as well as reducing the expensive hands-on training time necessary to achieve mastery over complex…more

Export Controls, ITAR, Military Goods, Software, USML

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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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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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EEOC Amends Prior Proposal to Include Pay Data Within EEO-1 Form

On Wednesday July 13, 2016, the United States Equal Employment Opportunity Commission (“EEOC”) issued a revised proposal expanding pay data collection from federal contractors and other employers with more than 100 employees who…more

Comment Period, Data Collection, EEO-1, EEOC, Proposed Regulation

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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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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

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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 Publication on Leave as Accommodation Under ADA

On May 9, 2016 the Equal Employment Opportunity Commission (EEOC) issued a new resource document regarding employer-provided leaves of absence as an accommodation under the Americans with Disabilities Act (ADA). The new…more

ADA, EEOC, Interactive Process, Leave of Absence, New Guidance

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DOL's 'Persuader' Rule Blocked By Texas Judge

A Department of Labor rule requiring employers to disclose when they hire lawyers and consultants during union organization campaigns has been at least temporarily put on hold. On June 27, 2016, a federal district court…more

Collective Bargaining, DOL, Fifth Amendment, First Amendment, Free Speech

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EEOC Amends Prior Proposal to Include Pay Data Within EEO-1 Form

On Wednesday July 13, 2016, the United States Equal Employment Opportunity Commission (“EEOC”) issued a revised proposal expanding pay data collection from federal contractors and other employers with more than 100 employees who…more

Comment Period, Data Collection, EEO-1, EEOC, Proposed Regulation

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Congress Finally Agrees: Passes Federal Trade Secrets Act

After years of legislative fits and starts, the U.S. House of Representatives on April 27, 2016, passed a bill federalizing trade-secret law. President Obama is expected to sign the bill in short order. Titled the “Defend Trade…more

America Invents Act, Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Intellectual Property Protection

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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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Supreme Court: Constructive Discharge Limitations Period Starts When Employee Resigns

The Supreme Court ruled, on May 23, 2016, that for employees alleging that they were “constructively discharged” from their employment (as opposed to terminated by their employer), the statute of limitations begins to run from…more

Constructive Discharge, EEOC, Federal Employees, Green v Brennan, Race Discrimination

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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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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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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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Nike Voluntarily Dismisses Closely Watched Lawsuit Against Olympic Hopeful

Nike has voluntarily dismissed a lawsuit it had filed against middle-distance runner and Olympic hopeful Boris Berian. At issue was whether Berian breached an endorsement agreement with Nike when—after the agreement’s…more

Athletes, Endorsements, Injunctive Relief, Nike, Sports Apparel

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European Court Invalidates EU-US Data Privacy Safe Harbor Framework

The Grand Chamber of the Court of Justice of the European Union recently invalidated the Safe Harbor Framework for data transfer from the E.U. to the U.S. The Safe Harbor Framework has provided a method to transfer personal…more

Binding Corporate Rules, Data Protection Authority, EU, EU Data Protection Laws, European Commission

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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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Board Continues Expansion of Joint Employer Doctrine, Allows Unions to Organize Mixed Units of Regular Employees and Staffing Agency Temps

Employers who rely on staffing agencies for employees must be aware of the significant expansion in the National Labor Relations Board’s treatment of the joint-employer doctrine as determined in two major recent decisions. These…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Employer Liability Issues, Full-Time Employees, Joint Employers

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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, Mechanics' Lien Acts, Suretyships

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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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NLRB Allows Private University Students to Unionize

The National Labor Board of Relations decision released on Aug. 23, 206, will have far-reaching consequences for private universities and colleges. The decision promises to be a potential source of litigation and headaches for…more

Collective Bargaining, Corporate Counsel, Educational Institutions, NLRA, NLRB

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NLRB Allows Private University Students to Unionize

The National Labor Board of Relations decision released on Aug. 23, 206, will have far-reaching consequences for private universities and colleges. The decision promises to be a potential source of litigation and headaches for…more

Collective Bargaining, Corporate Counsel, Educational Institutions, NLRA, NLRB

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Contact

150 West Jefferson
Suite 2500
Detroit, Michigan 48226, United States

Contact: Carol Lundberg, Manager, Global Branding and Media

  • 313.496.7813
  • 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

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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