Miller Canfield

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

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 Law, Finance & Banking, Insurance

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
| Civil Procedure, Civil Rights, Labor & Employment Law

EEOC’s Conciliation Efforts Subject to Limited Judicial Review

The Equal Employment Opportunity Commission (EEOC) has a statutory obligation to attempt to conciliate in good faith a cause finding as a condition precedent to filing litigation. In its unanimous opinion in Mach Mining, LLC v…more
| Civil Procedure, Civil Rights, Labor & Employment Law

No ‘Gain’? Know Pain: Coming Federal Regulations Could Mean Less Federal Aid for Colleges and Universities

New federal education regulations take effect this summer that could substantially reduce federal aid to community colleges and for-profit colleges whose students fail to meet certain standards for finding “gainful employment”…more
| Education, Finance & Banking

EEOC Proposes Wellness Program Regulations

The Equal Employment Opportunity Commission (EEOC) has proposed much-anticipated regulations regarding the use of employee health program under the Americans with Disabilities Act (ADA). The regulations are an attempt to close…more
| Civil Rights, Labor & Employment Law, Privacy, Health

6th Circuit Provides Road Map for ADA Accommodation Cases

A recent Sixth Circuit Court of Appeals case provides employers with a great example of how to evaluate accommodation requests under the Americans with Disabilities Act (ADA). In EEOC v. Ford Motor Co., a case which…more
| Civil Procedure, Civil Rights, Labor & Employment Law

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
| Taxation

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
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Business Torts, Securities Law

Michigan Supreme Court Upholds Retroactive Corporate Officer Tax Relief

Relief granted to people who were previously subject to personal liability for unpaid tax debts of corporations and other entities should be applied retroactively to existing and future tax assessments, after the Michigan…more
| Business Organizations, Civil Remedies, Commercial Law & Contracts, Taxation

To File or Not to File (Before the TTAB) – Supreme Court Holds TTAB Decisions Can Have Preclusive Effect in Federal Court

In its second trademark decision this term, the U.S. Supreme Court ruled that certain findings by the Trademark Trial and Appeal Board (TTAB) relating to whether there is a “likelihood of confusion” between trademarks can have…more
| Administrative Law, Civil Procedure, Communications & Media Law, Intellectual Property

SCOTUS Pregnancy Discrimination Ruling Could Have Wide Impact On Discrimination Cases

Employers should re-evaluate any employment policies that exclude –intentionally or not –pregnant employees from job accommodations, leave or other benefits in the face of Wednesday’s U.S. Supreme Court decision in Young v. UPS…more
| Civil Procedure, Civil Rights, Labor & Employment Law

A Modern Approach to Tackling CFIUS Concerns

Foreign direct investment (FDI) into American businesses is a major component of the U.S. economy. American companies use FDI to fund domestic manufacturing plants, research and development facilities, and support the growth of…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, International Law & Trade

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
| Labor & Employment Law

Illinois Court Holds that Engineering Plat Did Not Improve Land, Rendering Mechanics Lien Invalid

The Illinois Appellate Court invalidated an engineering firm’s mechanics lien for platting of undeveloped land performed as due diligence before a sale, because the services provided by the firm did not increase or improve the…more
| Bankruptcy, Civil Procedure, Construction Law, Finance & Banking, Real Estate - Residential
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Contact

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

Contact: Christy Baas

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