Author Info for Bodman

Justin Bagdady

Who Owns Knowledge?

You may have recently heard that the heads of two mega-tech companies, Meta and the company formerly known as Twitter, have exchanged accusations. No, we are not referring to the potential “cage match” but to the allegation that…more

Confidential Information, Facebook, Intellectual Property Litigation, Intellectual Property Protection, Misappropriation

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Andrew Balazer

Who is an Inventor?

Every patent names the individual or individuals who are credited with creating the invention claimed in the patent. Having incorrect names listed potentially risks both ownership and validity of the patent. With today’s…more

Intellectual Property Protection, Inventions, Inventors, Ownership of Works, Patent Applications

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John Below

FTC Non-Compete Ban Blocked ˗ For Now

In a widely anticipated ruling, Judge Ada E. Brown of the United States District Court for the Northern District of Texas sided with the U.S. Chamber of Commerce and a Texas-based tax firm to block the FTC’s Final Rule banning…more

Competition, Confidential Information, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Jaron Bentley

What Every Student-Athlete Needs to Know: Six Key Issues for Name, Image, and Likeness Deals

In a policy reversal many years in the making, the NCAA now allows student-athletes (“SAs”) to benefit from the use of their name, image, and “likeness,” such as their nickname or voice (“NIL”). The policy change includes not…more

Athletes, College Athletes, Colleges, Compensation, Endorsements

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Darren Burmania

New COVID Relief Bill – Paycheck Protection Program (Round 2)

As a result of recently passed stimulus legislation called the Economic Aid Act, additional funding has been made available under the Paycheck Protection Program (“PPP”) for both first and second-time borrowers…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), Payroll Taxes, Popular

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Alexander Burridge

Michigan Re-Institutes Prevailing Wage Law

Michigan has reinstated its prevailing wage law, which requires the payment of wages to employees working on state-funded projects at the “prevailing wage in the locality.” This requirement was previously in place from 1965 to…more

Employer Liability Issues, Labor Reform, Prevailing Wages, Public Projects, State Labor Laws

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Robert Cambridge

The Corporate Transparency Act: New Requirements for Businesses to Report Beneficial Ownership Information

The Corporate Transparency Act (the “CTA”), which takes effect on January 1, 2024, will require many companies to report certain beneficial ownership information to the Financial Crimes Enforcement Network (“FinCEN”), a division…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Corruption

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Jack Carver

Negative Online Reviews of Your Business: Disgruntled Does Not Necessarily Mean Defamatory

If you own a small business, someone has likely posted an online review of your company and its goods or services. From Yelp to TripAdvisor to Angie’s List to any number of websites tailored to particular industries or…more

Communications Decency Act, Defamation, Online Reviews, Reputation Management, Reputational Injury

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Mary Cebula

Shareholder Oppression Claims in Closely Held Michigan Corporations: A Powerful Remedy Against Abuses of Power

Most institutions in our society make decisions upon the consent of the majority, from legislatures passing important bills to families deciding on what movie to watch on movie night. …more

Business Judgment Rule, Controlling Stockholders, Majority Shareholders, Minority Shareholders, Shareholder Oppression

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Melissa Chapman

Federal Circuit Overrules the Rosen-Durling Test for Determining Obviousness of Design Patents

On May 21, 2024, the Federal Circuit overruled the longstanding Rosen-Durling test for evaluating the obviousness of design patents. LKQ Corp. v. GM Global Tech. Operations LLC, No. 21-2348, slip op. at 15 (Fed. Cir. May 21,…more

Design Patent, Intellectual Property Protection, Obviousness, Patent Infringement, Patent Litigation

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Mackenzie Clark

The Love Contract in the Workplace

Workplace romances and relationships are not uncommon – no doubt because of how much time employees spend at work. …more

Anti-Harassment Policies, Anti-Retaliation Provisions, Best Management Practices, Contract Drafting, Employer Liability Issues

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Steven Cole

Michigan Flow-Through Entity Tax Election Deadline Approaching

Michigan taxpayers with interests in calendar year-end S corporations and partnerships should take note: the deadline to make a new “flow-through” entity tax (“FTE tax”) election for 2024 is approaching, and it occurs prior to…more

Business Entities, Business Taxes, Partnerships, S-Corporation, Tax Liability

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Grace Connolly

Medical Society Urges Increased Scrutiny of Private Equity Involvement in Health Care

On October 23, 2023, the Michigan State Medical Society (“MSMS”) penned a letter to Michigan Attorney General Dana Nessel asking her to investigate what MSMS believes are widespread violations of Michigan’s prohibition on the…more

Corporate Practice of Medicine, Health Care Providers, Healthcare, Private Equity, Regulatory Oversight

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Emily Cross

A UFLPA Update: US Customs Impounds Thousands of Vehicles with Suspected Banned Components

We write to alert you to a recent development on one of the topics discussed at the Bodman/Kharon/Miller & Chevalier Executive Briefing on Emerging Legal and Regulatory Issues Facing Automotive Companies held on May 23, 2023…more

Automotive Industry, China, Enforcement Actions, Forced Labor, Imports

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Peter Cummings

Federal Circuit Reinforces Implications of the On-Sale Bar for Patent Owners

The recent Federal Circuit case of Celanese International Corp. v. International Trade Commission serves as a significant reminder of the importance of the on-sale bar in U.S. patent law…more

Corporate Counsel, Intellectual Property Protection, Inventors, Non-Disclosure Agreement, Patent Applications

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Michelle Thurber Czapski

Arbitration of Business Ownership Disputes: Great in Theory, Not Always So in Practice

Business partners and co-owners aren’t always going to see eye-to-eye. While they may share the same goals and interests in the broadest sense – building and sustaining a successful company – everything under that umbrella is…more

Arbitration, Business Disputes, Business Ownership, Co-Ownership

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Brandon Dalziel

Medical Society Urges Increased Scrutiny of Private Equity Involvement in Health Care

On October 23, 2023, the Michigan State Medical Society (“MSMS”) penned a letter to Michigan Attorney General Dana Nessel asking her to investigate what MSMS believes are widespread violations of Michigan’s prohibition on the…more

Corporate Practice of Medicine, Health Care Providers, Healthcare, Private Equity, Regulatory Oversight

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Nathan Dupes

Supreme Court Abolishes Chevron Deference

On June 28, 2024, the U.S. Supreme Court, in Loper Bright Enterprises v. Raimondo, overruled the long-standing “Chevron doctrine,” under which courts were required to defer to “permissible” agency interpretations of the statutes…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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Rebecca El Badaoui

Supreme Court Abolishes Chevron Deference

On June 28, 2024, the U.S. Supreme Court, in Loper Bright Enterprises v. Raimondo, overruled the long-standing “Chevron doctrine,” under which courts were required to defer to “permissible” agency interpretations of the statutes…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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Amanda McSween Empey

Five Dos and Don’ts for Preserving an Honest Belief Defense

In an employment discrimination case, whether an employer is successful in getting a dismissal often depends on whether it can show it had an “honest belief” in a non-discriminatory reason for the employment decision. …more

Corporate Counsel, Employees, Employment Discrimination, Honest Belief Defense, Policies and Procedures

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Gary Fealk

NLRB Announces New Employee-Friendly Joint Employer Test

The effect of this change is that employers who lease from or contract with other employers will be more likely to be held liable for the unfair labor practices of the leased or contracted with employer, even when they have…more

Employer Liability Issues, Federal Labor Laws, Joint Employers, Labor Reform, NLRA

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Sarah Gabis

Court of Appeals Rules that Voter-Initiated Charter Amendments Cannot Be Used to Implement Local Regulations Under the MRTMA

In an opinion released for publication on Tuesday, September 3, the Michigan Court of Appeals has ruled that voter-initiated charter amendments are not a permissible method of implementing the limited local regulations that are…more

Ballot Measures, Charter Amendments, Local Ordinance, Marijuana, Recreational Use

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Gregory Gamalski

The ABCs of CBD and Hemp: A Primer

Hemp and marijuana both come from the cannabis sativa plant but as a result of the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”), cannabis sativa with a THC content of less than 0.3% was removed from the federal…more

Advertising, Agribusiness, Cannabidiol (CBD) oil, Cannabis Products, Cannabis-Related Businesses (CRBs)

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John David Gardiner

It’s Back…Michigan Supreme Court Strikes Down “Adopt-and-Amend”

The Michigan Supreme Court has just issued a decision that eliminates the tip credit, raises the minimum wage, and expands paid leave. The decision rescinds the 2018 “Adopt-and-Amend” action by the Legislature and reinstates the…more

Employee Benefits, Employees, Employer Liability Issues, MI Supreme Court, Minimum Wage

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Aaron Graves

NLRB Narrows Permissible Terms in Severance Agreements

The National Labor Relations Board (“NLRB”) has ruled that that including certain non-disparagement and confidentiality provisions in severance agreements violates the National Labor Relations Act (“NLRA”). In McLaren Macomb…more

Confidentiality Agreements, Contract Terms, Employees, Employer Liability Issues, Employment Litigation

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Garret Michael Haddon, II

New COVID Relief Bill – expanded worker benefits; payroll tax changes

On December 27, 2020, President Trump signed the Consolidated Appropriations Act, 2021 (the “Act”). In addition to the 2021 appropriations and authorizations, this spending package includes $900 billion in emergency coronavirus…more

Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Infectious Diseases, New Legislation

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Erin Haney

Governor Whitmer Restructures the Michigan Tax Tribunal by Executive Order

In an Executive Order dated January 17, 2024, Michigan Governor Gretchen Whitmer transferred the Michigan Tax Tribunal out of the Department of Licensing and Regulatory Affairs (LARA) such that it will function independent from…more

Income Taxes, Regulatory Oversight, State Tax Tribunals, State Taxes

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Jennifer Hetu

First-of-Its-Kind Lawsuit Pitting Claims of Artistic Expression Involving NFTs Against Trademark Rights Should Have All Mark Owners Considering New Trademark Applications

Regardless of whether your business has any current plans to develop digital goods, including “non-fungible tokens” (NFTs), a recent verdict in a first-of-its-kind case involving trademark rights and digital assets should have…more

Corporate Branding, Digital Assets, Fashion Branding, Fashion Design, Fashion Industry

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Michelle Kolkmeyer

Michigan Supreme Court Expands Retaliation Liability Under Michigan’s Civil Rights Act

The Michigan Supreme Court’s recent ruling in the case of Miller v. Department of Corrections expands the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA). This decision could have important…more

Adverse Employment Action, Anti-Retaliation Provisions, Employer Liability Issues, Employment Litigation, Employment Policies

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Susan Kornfield

Who Owns Knowledge?

You may have recently heard that the heads of two mega-tech companies, Meta and the company formerly known as Twitter, have exchanged accusations. No, we are not referring to the potential “cage match” but to the allegation that…more

Confidential Information, Facebook, Intellectual Property Litigation, Intellectual Property Protection, Misappropriation

See all updates »

Emily Kwolek

Michigan Flow-Through Entity Tax Election Deadline Approaching

Michigan taxpayers with interests in calendar year-end S corporations and partnerships should take note: the deadline to make a new “flow-through” entity tax (“FTE tax”) election for 2024 is approaching, and it occurs prior to…more

Business Entities, Business Taxes, Partnerships, S-Corporation, Tax Liability

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Kelsey Lutz

The Corporate Transparency Act: New Requirements for Businesses to Report Beneficial Ownership Information

The Corporate Transparency Act (the “CTA”), which takes effect on January 1, 2024, will require many companies to report certain beneficial ownership information to the Financial Crimes Enforcement Network (“FinCEN”), a division…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Corruption

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Frank Manley

The Dangers of Texting for Business Communications

In the not-so-distant past, there were fewer channels utilized for business communications, and business norms often limited communications to traditional channels even if other methods of communication were available. This made…more

Corporate Communications, Electronic Communications, Information Technology, Internal Communications, Policies and Procedures

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Jill Miller

Arbitration of Business Ownership Disputes: Great in Theory, Not Always So in Practice

Business partners and co-owners aren’t always going to see eye-to-eye. While they may share the same goals and interests in the broadest sense – building and sustaining a successful company – everything under that umbrella is…more

Arbitration, Business Disputes, Business Ownership, Co-Ownership

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Joseph Morrison, Jr.

Delaware Court of Chancery Establishes That the Duty of Oversight Extends to Officers

On January 25, 2023, the Delaware Chancery Court issued its ruling in In re McDonald’s Corporation Stockholder Derivative Litigation, C.A. No. 2021-0324-JTL (Del. Ch. Jan. 26, 2023), holding for the first time that a corporate…more

Bad Faith, Corporate Culture, Corporate Officers, Derivative Complaint, Directors

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Ryan Olson

Every Deal Tells a Story: Communicating With Shareholders Regarding M&A Transactions

When a company’s management and board decide to move forward with a proposed merger or acquisition, they do so believing the deal will be in the long-term interests of the company and relevant stakeholders. They’ve crunched the…more

Acquisition Agreements, Corporate Sales Transactions, Merger Agreements, Shareholders

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Kenneth Powell

How Delaware LLCs Can Protect Themselves Against Abusive and Illegitimate Information Requests by Members or Managers

Knowledge is power, they say. In the context of a Delaware limited liability company (“LLC”), knowledge about the company’s finances, governance, operations, and affairs is found in the company’s books and records. But like…more

Books & Records, Corporate Governance, Delaware, Document Requests, Limited Liability Company (LLC)

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Jeffrey Raphelson

A UFLPA Update: US Customs Impounds Thousands of Vehicles with Suspected Banned Components

We write to alert you to a recent development on one of the topics discussed at the Bodman/Kharon/Miller & Chevalier Executive Briefing on Emerging Legal and Regulatory Issues Facing Automotive Companies held on May 23, 2023…more

Automotive Industry, China, Enforcement Actions, Forced Labor, Imports

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Cameron Ritsema

FTC Non-Compete Ban Blocked ˗ For Now

In a widely anticipated ruling, Judge Ada E. Brown of the United States District Court for the Northern District of Texas sided with the U.S. Chamber of Commerce and a Texas-based tax firm to block the FTC’s Final Rule banning…more

Competition, Confidential Information, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Wayne Roberts

Governor Whitmer Restructures the Michigan Tax Tribunal by Executive Order

In an Executive Order dated January 17, 2024, Michigan Governor Gretchen Whitmer transferred the Michigan Tax Tribunal out of the Department of Licensing and Regulatory Affairs (LARA) such that it will function independent from…more

Income Taxes, Regulatory Oversight, State Tax Tribunals, State Taxes

See all updates »

Rebecca Seguin-Skrabucha

New DOL and FTC Rules (Maybe) Mandate Employment Changes

It was a busy and high-profile week for the Department of Labor (“DOL”) and the Federal Trade Commission (“FTC”), both of which issued new rules that require employers to thoroughly review their use of the exempt classification…more

Department of Labor (DOL), Employment Contract, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Bans

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Joseph Shannon

A UFLPA Update: US Customs Impounds Thousands of Vehicles with Suspected Banned Components

We write to alert you to a recent development on one of the topics discussed at the Bodman/Kharon/Miller & Chevalier Executive Briefing on Emerging Legal and Regulatory Issues Facing Automotive Companies held on May 23, 2023…more

Automotive Industry, China, Enforcement Actions, Forced Labor, Imports

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Erica Shell

EPA Submits Final Rules Identifying PFAS as Hazardous Substances

The United States Environmental Protection Agency (EPA) has submitted final rules that affect businesses that manufactured or used PFAS substances and establish maximum contaminant levels (MCLs) for drinking water…more

CERCLA, Contamination, Discharge of Pollutants, Drinking Water, Enforcement Guidance

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Matthew Slipchuk

Delaware Court of Chancery Establishes That the Duty of Oversight Extends to Officers

On January 25, 2023, the Delaware Chancery Court issued its ruling in In re McDonald’s Corporation Stockholder Derivative Litigation, C.A. No. 2021-0324-JTL (Del. Ch. Jan. 26, 2023), holding for the first time that a corporate…more

Bad Faith, Corporate Culture, Corporate Officers, Derivative Complaint, Directors

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Alexis Smith-Scott

Application of Michigan's NIL Law

More changes are coming to the NIL laws governing Michigan student-athletes – effective December 31, 2022, House Bill 5217 officially sets parameters for how student-athletes can earn compensation for the use of their name,…more

Compensation & Benefits, Educational Institutions, Endorsements, Intellectual Property Protection, Licensing Rights

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Annalise Lekas Surnow

Medical Society Urges Increased Scrutiny of Private Equity Involvement in Health Care

On October 23, 2023, the Michigan State Medical Society (“MSMS”) penned a letter to Michigan Attorney General Dana Nessel asking her to investigate what MSMS believes are widespread violations of Michigan’s prohibition on the…more

Corporate Practice of Medicine, Health Care Providers, Healthcare, Private Equity, Regulatory Oversight

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DeVaughn Swanson

How Delaware LLCs Can Protect Themselves Against Abusive and Illegitimate Information Requests by Members or Managers

Knowledge is power, they say. In the context of a Delaware limited liability company (“LLC”), knowledge about the company’s finances, governance, operations, and affairs is found in the company’s books and records. But like…more

Books & Records, Corporate Governance, Delaware, Document Requests, Limited Liability Company (LLC)

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Melissa Tetreau

Are Independent Contractors Covered Under Michigan’s Earned Sick Time Act?

Employers know by now that Michigan’s Earned Sick Time Act (“ESTA”) will become effective in February of 2025. As Human Resources professionals plan to implement ESTA-complaint policies, one of the big questions is – who,…more

Earned Sick Time, Employee Definition, Independent Contractors, Sick Leave, State Labor Laws

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Kyle Traver

What do M&M’s Candy and Complex Contract Reviews Have in Common?

If you know music, you know Van Halen. The Hall of Fame rock band turned out several hit singles and was known for their virtuoso guitar riffs, great hair, lavish lifestyles, and a penchant for M&M candies. That’s right, M&Ms…more

Contract Drafting, Contract Management, Contract Negotiations, Contract Terms, Data Breach

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Adam Weiner

New COVID Relief Bill – Paycheck Protection Program (Round 2)

As a result of recently passed stimulus legislation called the Economic Aid Act, additional funding has been made available under the Paycheck Protection Program (“PPP”) for both first and second-time borrowers…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), Payroll Taxes, Popular

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Christopher Worrel

New Patent Office Guidance Clarifies Application Requirements for Design Patent Protection of Computer-Generated Images, Icons and Graphical User Interfaces

The U.S. Patent and Trademark Office published new guidance in the Federal Register on November 17, 2023, that clarifies the requirements for design patents of computer-generated images, icons, and graphical user interfaces…more

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