Miller Canfield

China to implement a new Negative List system for market access

On September 21, 2015, the 16th session of the Central Leadership Group for Comprehensively Deepening the Reform adopted “Opinions on Implementing the Negative List System for Market Access” (Opinions) announcing that China will…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Michigan’s New Expansive Sales Tax Standards Including “Click Through” Nexus Standards Take Effect October 1, 2015

On October 1, 2015, Michigan's new expansive sales tax nexus standards including "click through" nexus standards take effect. The "click through" nexus standard closely parallels other so-called "Amazon nexus" laws adopted by…more
| Taxation

Divided Ninth Circuit Splits the O’Bannon Baby

In a two to one decision, a panel of the Ninth Circuit Court of Appeals upheld in part and reversed in part the district court injunction that prohibited universities from denying certain forms of compensation to Division I…more
| Art, Entertainment, & Sports Law, Education, Labor & Employment Law

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
| Elections & Politics, Immigration Law, Labor & Employment Law

U.S. Department of State Unveils New Process For Determining Immigrant Visa Availability

As part of President Obama’s planned executive action on immigration, which was announced on November 20, 2014, the U.S. Department of State (“DOS”) has unveiled a new process for determining immigrant visa availability. This…more
| Immigration Law, Labor & Employment Law

NLRB Again Upends Long-standing Precedent in Creating Broad New Joint-Employer Standard

On August 27, 2015, the National Labor Relations Board issued its highly anticipated decision in Browning-Ferris Industries of California. In the 3-2 decision, the Board majority modified the standard for determining whether…more
| Labor & Employment Law

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
| Finance & Banking, Securities Law

USCIS Releases Draft EB-5 Policy Guidance Clarifying Immigration and Project Related Issues Raised by Retrogression

Popularity of the EB-5 Immigrant Investor Program has surged in recent years among foreign investors from mainland China. As a result, the demand for EB-5 visas by foreign investors born in mainland China has exceeded total…more
| Immigration Law

NLRB Punts on College Athlete Unions

On August 17, 2015, the National Labor Relations Board issued the long awaited decision in the Northwestern University football union case. 362 NLRB No. 167 (8/17/2015). In a rare display of unanimity, the five members of the…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Education, Labor & Employment Law

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
| Commercial Law & Contracts, Immigration Law, Labor & Employment Law

USCIS Finalizes Policy Regarding Change in H-1B Worksites

United States Citizenship and Immigration Services (USCIS) released final guidance regarding when employers are required to file an amended or new H-1B petition following a change to an employee's worksite. This guidance follows…more
| Immigration Law, Labor & Employment Law

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
| Labor & Employment Law

“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
| Commercial Law & Contracts, Intellectual Property, International Law & Trade

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
| Administrative Law, Education, Finance & Banking

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
| Elections & Politics
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