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Miller Canfield

Attorney

Latest Publications

Michael A. Alaimo

Employer Not Liable for Employee's Failure to Report Unpaid Time

Following prior decisions of the Eighth and Ninth Circuit Courts of Appeals, in White v Baptist Memorial Health Care Corp., the Sixth Circuit Court of Appeals rejected claims brought by a former nurse seeking unpaid wages for…more

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Matthew P. Allen

Obama Administration Trade Secret Report Raises Important IP, Business, and Securities Issues

The Obama Administration’s recent “Strategy on Mitigating the Theft of U.S. Trade Secrets” makes clear the importance for businesses to be aware of and understand the international threats to their intellectual property, the…more

Cyber Espionage, Cybersecurity, Cybertheft, Data Protection, Obama Administration

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Lavon Ammori

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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Timothy L. Andersson

What Constitutes a “Broker” under ITAR

The International Traffic in Arms Regulations (ITAR) require that any U.S. person, wherever located, and any foreign person located in the U.S. or otherwise subject to the jurisdiction of the U.S., who engages in the business of…more

ITAR

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Thomas G. Appleman

Your Chinese Trading Partners’ SAFE Status May Impact Your Payment Terms

Chinese currency (renminbi or RMB) is not an internationally convertible currency. A Chinese company needs to convert its RMBs into internationally circulated currencies to pay for imported goods or convert foreign currencies it…more

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Laura Bassett

School Loan Revolving Fund Changes Act 437 of 2012

The long debated changes to the State law implementing the School Bond Qualification and Loan Act were enacted in December as part of the Legislature's lame duck session, and became effective on December 27, 2012, as Public Act…more

Lame Duck Session, Loans, School Bond Qualifications, School Loan Revolving Fund Changes Act 437 of 2012

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Kimberly Berger

Study Shows Hiring an Attorney Gives You a Better Chance of Registering Your Trademark

Preparing a trademark application to the United States Patent and Trademark Office? A recent study shows that hiring an experienced trademark attorney to guide you through the process can give you a much better chance of filing…more

Legal Advice, Trademarks, USPTO

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Harold Bulger Jr.

School Loan Revolving Fund Changes Act 437 of 2012

The long debated changes to the State law implementing the School Bond Qualification and Loan Act were enacted in December as part of the Legislature's lame duck session, and became effective on December 27, 2012, as Public Act…more

Lame Duck Session, Loans, School Bond Qualifications, School Loan Revolving Fund Changes Act 437 of 2012

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Beverly Hall Burns

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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Douglas Callander

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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Thomas D. Colis

School Loan Revolving Fund Changes Act 437 of 2012

The long debated changes to the State law implementing the School Bond Qualification and Loan Act were enacted in December as part of the Legislature's lame duck session, and became effective on December 27, 2012, as Public Act…more

Lame Duck Session, Loans, School Bond Qualifications, School Loan Revolving Fund Changes Act 437 of 2012

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Paul Collins

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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Michelle P. Crockett

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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Darryl Davidson

New Reporting Requirement for Sales Tax Sharing Agreements

Illinois law now requires sales tax revenue sharing agreements to be reported to the Illinois Department of Revenue (IDOR). 65 ILCS 5/8-11-21(c)-(f)…more

IDOR, Reporting Requirements, Sales Tax Sharing Agreements

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Christopher Dembowski

School Loan Revolving Fund Changes Act 437 of 2012

The long debated changes to the State law implementing the School Bond Qualification and Loan Act were enacted in December as part of the Legislature's lame duck session, and became effective on December 27, 2012, as Public Act…more

Lame Duck Session, Loans, School Bond Qualifications, School Loan Revolving Fund Changes Act 437 of 2012

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Paul Durbin

New Reporting Requirement for Sales Tax Sharing Agreements

Illinois law now requires sales tax revenue sharing agreements to be reported to the Illinois Department of Revenue (IDOR). 65 ILCS 5/8-11-21(c)-(f)…more

IDOR, Reporting Requirements, Sales Tax Sharing Agreements

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Scott Eldridge

Michigan Court of Appeals Approves Health Benefits for Unrelated Co-Residents of State Employees

On January 8, 2013, the Michigan Court of Appeals, in a two-to-one decision, held that the Michigan Civil Service Commission could extend eligibility in the State Health Plan to “other eligible adult individuals” (OEAI) who are…more

Civil Service Commission, Equal Protection, Health Insurance, Marriage Amendment, Municipal Employees

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Adam S. Forman

Hey Employers: Employee Social Media Passwords are (Mostly) None of Your Business (Not that You’ve Been Inquiring)

“Likes,” “tweets,” “hashtags,” and “wall posts” are all words that have quickly entered our lexicon through the continuing explosion of growth that is social media…more

Facebook, Online Privacy Protection Act, Passwords, Social Media, Stored Communications Act

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Amita Gopinath

Supreme Court of India Denies Novartis Patent Application

In a landmark judgment delivered on April 1, 2013, the Supreme Court of India dismissed an appeal by Novartis AG, a Swiss pharmaceutical giant, to win patent protection in India for its cancer drug Glivec. The polarizing…more

Generic Drugs, Healthcare, Multinationals, Novartis, Patent Applications

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Joseph D. Gustavus

U.S. Export Control Reforms to Become Effective

The first significant reforms to the U.S. export control regulations in International Traffic in Arms Regulations (ITAR) and U.S. Export Administration Regulations (EAR) are about to take effect…more

Export Administration Regulations, Export Controls, Exports, ITAR

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David G. King

Hey Employers: Employee Social Media Passwords are (Mostly) None of Your Business (Not that You’ve Been Inquiring)

“Likes,” “tweets,” “hashtags,” and “wall posts” are all words that have quickly entered our lexicon through the continuing explosion of growth that is social media…more

Facebook, Online Privacy Protection Act, Passwords, Social Media, Stored Communications Act

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Kathleen Koppenhoefer

Obama Administration Trade Secret Report Raises Important IP, Business, and Securities Issues

The Obama Administration’s recent “Strategy on Mitigating the Theft of U.S. Trade Secrets” makes clear the importance for businesses to be aware of and understand the international threats to their intellectual property, the…more

Cyber Espionage, Cybersecurity, Cybertheft, Data Protection, Obama Administration

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Scott Lesser

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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Jaclyn Shoshana Levine

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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Amber Liu

China’s Merger Control Regime

China's Anti-Monopoly Law (AML) took effect on August 1, 2008. Since then, the Chinese regulatory authorities have issued a number of implementing regulations and guidelines and developed enforcement mechanisms under the AML…more

DOJ, Google, Monopolization, Motorola

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Steven Mann

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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David P. Massaron

Retirement Program Bonds: New Tool for Michigan Municipalities

In October 2012, Governor Snyder signed into law SB 1129, designed to provide Michigan local governments with the ability to issue bonds or other municipal securities to pay all or part of the costs of their unfunded pension…more

Municipal Bonds, Pensions, Retirement

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Michael P. McGee

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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Patrick F. McGow

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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Robert Murkowski

DOJ Warns of Widening Probe in Automotive Industry

The Department of Justice's Antitrust Division warns that its wide-ranging probe into price fixing in the automotive industry is broader than previously announced. On February 15, 2013, Scott Hammond, Deputy Assistant…more

Automotive Industry, Bid Rigging, DOJ, Price-Fixing

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Megan Norris

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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Kathryn L. Ossian

SEC Approves Communications Via Social Media

The Securities and Exchange Commission (“SEC”) has taken a new position that publicly traded companies may use social media to communicate information to investors, so long as investors are first advised of the communication…more

Facebook, Investors, Netflix, Public Disclosure, Reed Hastings

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Charles Oxender

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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Karen Phillippi

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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Weisun Rao, Ph.D.

China Allows Compulsory Licensing

On May 1, 2012, China’s newly released “Measures for Compulsory Licensing of Patent Implementation” (the New Measures) came into effect…more

Patents

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Jeffrey Richardson

Is Your Software Transmission Subject to U.S. Export Controls under the EAR?

The release of software may require an export control license from the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) under the Export Administration Regulations (the “EAR”). Software delivery has evolved…more

BIS, Export Administration Regulations, Export Controls, Licenses, Software

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Larry Saylor

DOJ Warns of Widening Probe in Automotive Industry

The Department of Justice's Antitrust Division warns that its wide-ranging probe into price fixing in the automotive industry is broader than previously announced. On February 15, 2013, Scott Hammond, Deputy Assistant…more

Automotive Industry, Bid Rigging, DOJ, Price-Fixing

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Leigh Schultz

Employee Motivation For Making a Whistleblower Claim Is Not Relevant Under WPA, MSC Rules

An employee’s motivation for making a whistleblower claim is not relevant to his lawsuit under the Whistleblower Protection Act (WPA), the Michigan Supreme Court ruled in Whitman v. City of Burton on May 1…more

Protected Concerted Activity, Whistleblower Protection Policies, Whistleblowers

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Brian Schwartz

Department of Labor Delays Deadline for Certain “Obama Care” Notice Requirements

On January 24, 2013, the Department of Labor issued guidance delaying the deadline for employers to provide employees with notice of coverage options available through the health care exchanges…more

Affordable Care Act, DOL, Employer Group Health Plans, FLSA, Health Insurance Exchanges

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M. Misbah Shahid

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

See All Updates »

Michael Simoni

Obama Administration Trade Secret Report Raises Important IP, Business, and Securities Issues

The Obama Administration’s recent “Strategy on Mitigating the Theft of U.S. Trade Secrets” makes clear the importance for businesses to be aware of and understand the international threats to their intellectual property, the…more

Cyber Espionage, Cybersecurity, Cybertheft, Data Protection, Obama Administration

See All Updates »

Christopher M. Trebilcock

Three Critical Steps Employers Can Take to Reduce Wage-and-Hour Liability

A record-high 7,064 Fair Labor Standards Act (FLSA) suits were filed in federal court during the year-long period ending March 31, 2012, according to figures from the Federal Judicial Center. This follows the decade-long trend…more

Complaint Procedures, FLSA, Non-Exempt Employees, Wage and Hour

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Kenneth J. Treece

“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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Amanda Van Dusen

School Loan Revolving Fund Changes Act 437 of 2012

The long debated changes to the State law implementing the School Bond Qualification and Loan Act were enacted in December as part of the Legislature's lame duck session, and became effective on December 27, 2012, as Public Act…more

Lame Duck Session, Loans, School Bond Qualifications, School Loan Revolving Fund Changes Act 437 of 2012

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Matthew B. Van Dyk

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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Yanping Wang

Your Chinese Trading Partners’ SAFE Status May Impact Your Payment Terms

Chinese currency (renminbi or RMB) is not an internationally convertible currency. A Chinese company needs to convert its RMBs into internationally circulated currencies to pay for imported goods or convert foreign currencies it…more

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B. Jay Yelton III

“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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