Miller Canfield

OSHA’s Attempt to Expand Citation Statute of Limitations Thwarted by Congressional Review Act Senate Vote

On March 22, 2017, the Senate, by a vote of 50-48, passed a House of Representatives’ resolution which overturned the OSHA Rule seeking to expand the statute of limitations period for citations it issues to employers. OSHA…more
| Elections & Politics, Labor & Employment Law

UPDATE: Federal Judge in Hawaii Temporarily Freezes New Executive Order on Immigration

On March 15, 2017, a federal judge in Hawaii froze President Trump’s March 6, 2017 executive order. The ruling suspends the executive order just one day before it was set to go into effect on March 16, 2017…more
| Civil Procedure, Constitutional Law, Elections & Politics, Labor & Employment Law, Immigration Law

DOJ and FTC Issue Updates to Antitrust Guidelines for the Licensing of Intellectual Property for the First Time Since 1995

For the first time, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) have updated the Antitrust Guidelines for the Licensing of Intellectual Property (“IP Licensing Guidelines”). First issued in 1995,…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Intellectual Property

Does Your Human Resources Department Understand Antitrust?

Several Hollywood companies have agreed to pay $170 million to settle a class-action lawsuit by animators who claimed their wages were depressed by unlawful anti-poaching agreements. The recent settlements highlight that now…more
| Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Labor & Employment Law

The Impact of US Export Controls on the Sale of a Manufacturing Business

An owner of a US business that manufactures export-controlled items (“Export Business”) nears retirement. The owner decides to sell the Export Business. In a win for the owner, the sale of the Export Business interests both US…more
| Business Organizations, International Law & Trade, Mergers & Acquisitions

Trump Trademark Registration in China Signals Positive Change In China IP Law

A short while ago, China finally granted the Trump Organization a trademark registration after a 10-year struggle. The timing of the announcement has fueled concern because just days before, President Trump had a phone call…more
| Intellectual Property

President Trump Issues Updated Immigration Order

On March 6, 2017, President Trump signed an executive order, “Protecting the Nation from Foreign Terrorist Entry into the United States.” The order is an updated version of the previous order issued on Jan. 27, 2017…more
| Elections & Politics, Immigration Law, Labor & Employment Law

USCIS to Suspend Premium Processing Service Beginning April 3

USCIS announced that it will suspend premium processing of all H-1B filings beginning April 3, 2017. The suspension includes all FY 2018 H-1B cap-subject petitions, cap-exempt cases, extensions, amendments, and change of…more
| Immigration Law, Labor & Employment Law

Michigan Supreme Court Makes Commercial Non-Compete Agreements Easier to Enforce

It is now a lot easier to enforce commercial noncompete agreements in Michigan. In its recent decision in Innovation Ventures v. Liquid Manufacturing, a unanimous Michigan Supreme Court holds that commercial noncompete…more
| Antitrust & Trade Regulation, Commercial Law & Contracts

Is it Time for Athletes to Demand Reciprocal Morals Clauses in Their Endorsement Deals?

While the confetti is still settling after the most exciting Super Bowl in recent memory, discussion has turned to the RSVP list for the traditional White House victory reception. At least six members of the New England Patriots…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Labor & Employment Law

Justice Department Policy Changes Limit Avenues of Immunity for Antitrust Crimes

The United States Department of Justice (DOJ) Antitrust Division offers immunity from prosecution to applicants who are the first to self-report antitrust violations. That immunity carries with it limited protection from damages…more
| Antitrust & Trade Regulation, Business Organizations

Ninth Circuit Rules Against Reinstatement of Travel Ban

On Feb. 9, 2017, the Court of Appeals for the Ninth Circuit unanimously ruled against the government’s request to reinstate the executive order’s entry ban. As a result, the entry ban will remain suspended until the matter can…more
| Elections & Politics, Immigration Law, Labor & Employment Law

Sixth Circuit: Calls to Prior Customers Violates TCPA

Many businesses routinely make telemarketing calls to prior customers. However, a recent ruling holds that this may violate the Telephone Consumer Protection Act (“TCPA)” and may open up businesses and franchises to class action…more
| Civil Procedure, Communications & Media Law, Consumer Protection

Update: Temporary Immigration Ban Does Not Include Lawful Permanent Residents

On Feb. 1, 2017, Donald F. McGahn II, counsel to President Donald Trump, issued a memorandum clarifying that the provisions of the executive order titled “Protecting the Nation from Foreign Terrorist Entry into the United…more
| Elections & Politics, Immigration Law, Labor & Employment Law

What Employers Need To Know About Trump's Immigration Order

On Jan. 27, 2017, President Donald Trump signed an executive order, “Protecting the Nation from Foreign Terrorist Entry into the United States.” The order focuses on visa issuance, screening procedures, and refugees…more
| Elections & Politics, Immigration Law, Labor & Employment Law
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