Dickinson Wright

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500 Woodward Avenue
Suite 4000
Detroit, Michigan 48226-3425, United States
Contact: Michael Kolb, Chief Information Officer
Phone: 313-223-3500
Fax: 313-223-3598
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Arizona
  • D.C.
  • Florida
  • Kentucky
  • Michigan
  • Nevada
  • Ohio
  • Tennessee
  • Texas
Other Countries
  • Canada
Number of Attorneys
400+ Attorneys

Federal Circuit Clarifies Post-America Invents Act “On-Sale” Bar Based on Publicly Announced Sale Agreements: Invalidates Four Anti-Nausea Drug Patents

On May 1st, the Federal Circuit ruled that the America Invents Act (AIA) did not change the statutory meaning of “on sale” where the existence of a sale was publicly announced prior to patenting, even if the sale did not…more

America Invents Act, ANDA, Intellectual Property Protection, On-Sale Bar, Patent Infringement

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Trademark Infringement and Unfair Competition Action

On behalf of the nationally well-known professional boxing promoter, New Jersey Sports Productions, d/b/a Main Events, Samuel Littlepage (Member, Washington, D.C.) and Melissa Alcantara (Member, Washington, D.C.) have filed a…more

Boxing, Broadcasting, Contests & Promotions, Intellectual Property Protection, Lanham Act

See all updates »

President Trump’s Third, Indefinite Travel Ban Takes Blows from Courts

Federal judges in Hawaii and Maryland have temporarily blocked the implementation of President Trump’s most recent travel ban, which was issued by Presidential Proclamation on September 24, 2017 (Proclamation) and set to take…more

DHS, Executive Orders, Foreign Nationals, Foreign Workers, Green Cards

See all updates »

A Will Must Be Signed, Right?

Wrong. In a recently published case, the Michigan Court of Appeals took what has previously been taken as fact – that a will needs to be signed for it to be admitted to probate – and turned it on its head. In In re Estate of…more

Estate Planning, Probate, Wills

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The Auto Industry’s Safety Whistleblower Program: What You Need To Know

The Motor Vehicle Safety Whistleblower Program that originally passed through the U.S. Senate last summer but stalled in the House of Representatives has finally been signed into law by President Obama as part of the Fixing…more

Automotive Industry, Department of Transportation (DOT), Fixing America’s Surface Transportation Act (FAST Act), MAP-21, Motor Vehicle Safety Whistleblower Program (MVSWP)

See all updates »

To Disclose Or Not To Disclose: Trade Secrets Vs. Patents

When a business develops valuable information not known to its competitors, it is often faced with a difficult and important decision: whether to disclose that information and seek federal patent protection, or to maintain the…more

Confidential Information, Corporate Strategy, Intellectual Property Protection, Patents, Registration Statement

See all updates »

Better Late Than Early - What Is “Just, Convenient And Equitable” Among Innocent Investors In Fraudulent Investment Schemes

Overview - Defrauded investors in an investment scheme rarely recover all of the funds that they have invested, and the question of the amount to which each investor is entitled is complicated when the investments are…more

Fraud, Investment Fraud, Investors

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Canada Initiates Stakeholder Consultations on a New Trans-Pacific Partnership Agreement

On September 30, 2017, Global Affairs Canada announced that it has commenced a consultation process regarding a new Trans-Pacific Partnership Agreement (“TPP-11”). The consultation process is part of a renewed effort to finalize…more

Canada, Cross-Border Transactions, Free Trade Agreements, Trade Agreements, Trade Policy

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Franchise and Distribution News - March 2017

Is your dispute, subject to arbitration under your Franchise Agreement, going to be litigated in court? As we all know, using arbitration clauses in commercial agreements is pretty commonplace—particularly in the franchise…more

Arbitration, Canada, Franchise Agreements, Franchise Disclosure Document, Franchisors

See all updates »

Homeowners Who Purchase Directly from Homebuilders May Seek Recovery of Attorneys’ Fees on Claims for Breach of the Implied Warranty of Workmanship and Habitability

Three things have long been settled law in Arizona regarding residential construction: (1) a homebuilder owes a homeowner an implied warranty of workmanship and habitability with regard to the construction of the home; (2) the…more

Appeals, Construction Contracts, Contract Disputes, Fee-Shifting, Homeowners

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Department of Labor announces the final overtime rule. Is your business ready?

On May 17, 2016, the U.S. Department of Labor (“DOL”) announced the final rule updating the requirements for employees to qualify for exemptions from the overtime requirements under the Fair Labor Standards Act (“FLSA”). The…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

See all updates »

The End to Discounts for Transfers of Interests in Family Business Entities

The ability to use transfer and liquidation restrictions in legal documents to reduce the value of an interest in a family-controlled (or “closely-held”) business entity (e.g., partnership, corporation, limited liability…more

Business Succession, Business Valuations, Closely Held Businesses, Comment Period, Estate Planning

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Three Questions from the Supreme Court’s Decision on “Offensive” Trademarks

Last week the Supreme Court ruled that the Trademark Office may not refuse federal registration to a trademark merely because the mark is “disparaging.” The decision has attracted a lot of media attention, much of it inaccurate,…more

Disparagement, First Amendment, Free Speech, Lanham Act, Matal v Tam

See all updates »

Education Newsletter: Volume 1, Number 2

House Bill 2078 (signed April 17, 2017) - This bill restructures post-secondary credit system for high school students. Unlike dual enrollment programs, a student enrolled in concurrent coursework will attend regular classes…more

Charter Schools, College Admissions, Disabled Children, Educational Institutions, Federal Funding

See all updates »

Charitable Organizations And Political Activities

Recent media attention has been given to proposals to repeal the prohibition on political activities by charitable organizations exempt from taxation under IRC 501(c)(3) – commonly referred to as the “Johnson Amendment”. While…more

501(c)(3), Charitable Organizations, Internal Revenue Code (IRC), IRS, Political Contributions

See all updates »

SCOTUS: Statistical or Representative Evidence Can Be Used In Class and Collective Actions

Class and collective action plaintiffs can establish liability through statistical or “representative” evidence, the U.S. Supreme Court ruled in Tyson Foods, Inc. v. Bouaphakeo, released last week. The decision could have…more

Admissible Evidence, Calculation of Damages, Class Action, Class Certification, Rule 23(b)(3)

See all updates »

Be Careful What and Who You Tell: Limitations on Defense Counsel Reporting

Almost 40 years ago the Arizona Supreme Court issued an opinion which has had a far-reaching impact on how insurance defense counsel report to the defending carrier…more

Confidential Communications, Disclosure, Insurance Industry, Insurance Litigation, Litigation Strategies

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Nationwide Injunction Halts Department of Labor’s Overtime Expansion

New overtime regulations under the Fair Labor Standards Act set to go into effect on December 1, 2016, have been halted by a federal court in Texas. In State of Nevada v. U.S. Department of Labor, the court granted a preliminary…more

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

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Avoiding Illegal Termination of Employees in Nevada

One of the many challenges for employers is that, occasionally, employees must be terminated. Unfortunately, sometimes those former employees claim to have been terminated illegally, giving rise to the risk of legal and…more

Adverse Employment Action, At-Will Employment, Disability Discrimination, Employer Liability Issues, Gender Discrimination

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Ontario Introduces 15% Tax on Foreign Real Estate Buyers

The Ontario government announced a new proposal to impose a 15 percent tax on purchases of residential real estate by foreign buyers as part of its Fair Housing Plan. Similar to the foreign buyer tax enacted last year by the…more

Agricultural Land, Canada, Citizenship, Foreign Investment, Foreign Nationals

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Arizona's Paid Sick Day Requirements - Effective July 1, 2017

As you may be aware, Arizona’s new paid sick time law goes into effect on July 1, 2017. Under the new law A.R.S. §§ 23-371 to -375 (“Statute”), all employees, including full-time, part-time, exempt and non-exempt, are entitled…more

New Legislation, Paid Leave, Paid Time Off (PTO), Sick Leave, Wage and Hour

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Canadian Bankruptcy Considerations in Factoring Transactions

Factoring transactions, in which a buyer purchases outright or acquires an interest in a seller’s accounts receivable, are becoming increasingly common. Initially, the buyer must determine whether the transaction is to be…more

Bankruptcy Insolvency Act (BIA), Buyers, Canada, CCAA, Clawbacks

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In-n-Out Sues Smashburger Over New Burger Names

On August 28, 2017, In-n-Out filed a lawsuit against Smashburger for trademark infringement in the Central District of California. In-n-Out claims that Smashburger’s TRIPLE DOUBLE mark is too similar and infringes on its DOUBLE…more

Fast-Food Industry, In-N-Out, Intellectual Property Protection, Likelihood of Confusion, Trademark Infringement

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Election Results: 4 States Pass Adult Use Marijuana Ballot Initiatives, 1 State Fails; 4 States Pass Medical Marijuana Ballot Initiatives, 0 States Fail

On November 8, 2016, residents in 9 states voted on ballot initiatives to legalize adult use or medicinal marijuana. Arizona, California, Maine, Massachusetts, and Nevada voted to decide whether to legalize marijuana for adult…more

Ballot Measures, Decriminalization of Marijuana, Marijuana, Medical Marijuana

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Governmental Entities Should Identify and Remove Potential ADA Accessibility Barriers on their Websites

Governmental entities need to be wary of law firms claiming to represent unidentified web users who allege that the entity’s website violates the Americans with Disabilities Act (ADA) because of accessibility barriers for…more

ADA, Advanced Notice of Proposed Rulemaking (ANPRM), Demand Letter, DOJ, Government Entities

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Should Automobiles Be Transferred To A Trust?

One of the questions I am often asked by clients is, “Should I transfer my automobiles to my revocable living trust?” I generally advise clients not to transfer their automobiles to their revocable living trust. The primary…more

Beneficiaries, Estate Planning, Living Trust, Revocable Trusts, Trusts

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To Disclose Or Not To Disclose: Trade Secrets Vs. Patents

When a business develops valuable information not known to its competitors, it is often faced with a difficult and important decision: whether to disclose that information and seek federal patent protection, or to maintain the…more

Confidential Information, Corporate Strategy, Intellectual Property Protection, Patents, Registration Statement

See all updates »

Department of Labor announces the final overtime rule. Is your business ready?

On May 17, 2016, the U.S. Department of Labor (“DOL”) announced the final rule updating the requirements for employees to qualify for exemptions from the overtime requirements under the Fair Labor Standards Act (“FLSA”). The…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

See all updates »

Cash Value of Life Insurance Policy Exempt From Garnishment

DC Mex Holdings LLC v Affordable Land LLC and Dale Fuller, ___ Mich. App. ___ (July 25, 2017), Case no. 332439 - Michigan’s Court of Appeals recently issued an opinion interpreting a statutory provision exempting insurance…more

Cash Value, Creditors, Debt Collection, Estate Planning, Garnishment

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AIA Releases 2017 Construction and Design Agreements

At the end of last month, the American Institute of Architects (“AIA”) released several revised documents including the primary agreements between the owner and contractor and the owner and architect. Many of the revisions are…more

American Institute of Architects, Architects, Construction Contracts, Construction Industry, Contract Terms

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Health Saving Accounts: An Underutilized Opportunity in a Time of Uncertain Healthcare Changes

Regardless of whether there will be revisions to, repeal of, or no changes at all to the Affordable Care Act, patients will most likely continue to have a larger financial responsibility for their medical care…more

401k, Affordable Care Act, Health Insurance, Health Savings Accounts, IRA

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New Michigan Law Allows Drainage Districts to Issue Term Bonds

Michigan drainage districts can issue term bonds for their projects under a new law signed by Gov. Rick Snyder on March 1…more

Bond Financing, Governor Snyder, Municipal Bonds, Public Utility

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Drafting In The Details

The Fifth Circuit Court of Appeals recently affirmed that the devil really is in the details in a case that illustrates the importance of ensuring that deal documents accurately reflect the parties’ agreed upon terms with…more

Contract Negotiations, Contract Terms, Letters of Intent, Sale of Assets, Shareholders

See all updates »

President Trump’s Third, Indefinite Travel Ban Takes Blows from Courts

Federal judges in Hawaii and Maryland have temporarily blocked the implementation of President Trump’s most recent travel ban, which was issued by Presidential Proclamation on September 24, 2017 (Proclamation) and set to take…more

DHS, Executive Orders, Foreign Nationals, Foreign Workers, Green Cards

See all updates »

Intellectual Property Legal News: Volume 2, Number 1

TEVA PHARMACEUTICALS: IS IT TIME TO RETHINK HOW YOU WILL ARGUE CLAIM CONSTRUCTION? The United States Supreme Court decided in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. that the Federal Circuit must review all subsidiary…more

Claim Construction, Clear Error Standard, De Novo Standard of Review, Extrinsic Evidence, Indefiniteness

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Gaming Legal News - January 9, 2013 • Volume 6, Number 1

In This Issue: - DICKINSON WRIGHT EXPANDS ITS PRESENCE IN PHOENIX THROUGH COMBINATION WITH MARISCAL, WEEKS, MCINTYRE & FRIEDLANDER, P.A., ADDING LEADING INDIAN LAW ATTORNEY: Dickinson Wright PLLC, with offices in…more

Gaming, Gaming Equipment, Licenses, Manufacturers, Slot Machines

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Inter-Company Pricing Practices of Taxpayers with Foreign Affiliates

The Internal Revenue Service has increased its scrutiny of inter-company pricing practices of taxpayers with foreign affiliates and has provided agents conducting audits with standard language requesting information about such…more

Audits, Filing Requirements, Foreign Affiliates, Internal Revenue Code (IRC), IRS

See all updates »

Department of Labor announces the final overtime rule. Is your business ready?

On May 17, 2016, the U.S. Department of Labor (“DOL”) announced the final rule updating the requirements for employees to qualify for exemptions from the overtime requirements under the Fair Labor Standards Act (“FLSA”). The…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

See all updates »

CSA Announces Amendments to National Instrument (NI) 45-106

On February 19, 2015, the Canadian Securities Administrators (“CSA”) announced the adoption of changes to the accredited investor and minimum amount investment prospectus exemptions, among other changes. The amendments are…more

Accredited Investors, Canada, Canadian Securities Administration, Exemptions, Financial Adviser

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Governor Appoints New Director of Arizona Department of Gaming; Agency Continues Enforcement Actions

On December 11, 2013, Governor Jan Brewer named Daniel Bergin as the new Director of the Arizona Department of Gaming. Bergin had been serving as Acting Director of the Department since September, when former Director Mark…more

Gambling, Gaming, Hospitality Industry, Indian Gaming, Tribal-State Gaming Compacts

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“Giving Offense is a Viewpoint”: Supreme Court Holds It Is Viewpoint Discrimination to Deny Trademark Protection for Allegedly Offensive Marks

In a decision that is being heralded as a victory for First Amendment freedoms, the United States Supreme Court struck down the so-called disparagement provision of the Lanham Act, 15 U.S.C. §1052(a), on the basis that the law…more

Disparagement, First Amendment, Free Speech, Lanham Act, Matal v Tam

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Are You Exempt? FDA Announces Waivers for Certain Businesses Subject to the Sanitary Transportation Rule

The FDA Food Safety Modernization Act (FSMA) rule on Sanitary Transportation of Human and Animal Food is now final and on April 5, 2017, the FDA published three waivers for certain qualifying businesses. The Sanitary…more

Animal Food, Common Carriers, Department of Transportation (DOT), FDA, Food Safety

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Healthcare Legal News: Vol 7, Number 1

Expansion Of Practice Autonomy Of Physician Assistants - As part of a flurry of activity at the end of 2016, Public Act 379 was enacted by the Michigan legislature and signed by Governor Snyder. That Act amends various…more

501(c)(3), Incentive Compensation, Internal Revenue Code (IRC), IRS, Physician Assistants

See all updates »

Franchise and Distribution News - March 2017

Is your dispute, subject to arbitration under your Franchise Agreement, going to be litigated in court? As we all know, using arbitration clauses in commercial agreements is pretty commonplace—particularly in the franchise…more

Arbitration, Canada, Franchise Agreements, Franchise Disclosure Document, Franchisors

See all updates »

President Trump’s Third, Indefinite Travel Ban Takes Blows from Courts

Federal judges in Hawaii and Maryland have temporarily blocked the implementation of President Trump’s most recent travel ban, which was issued by Presidential Proclamation on September 24, 2017 (Proclamation) and set to take…more

DHS, Executive Orders, Foreign Nationals, Foreign Workers, Green Cards

See all updates »

Analysis: Cyber-Monitoring: The Next Frontier

Cybersecurity is “hot” and will stay “hot” for corporations, executives, regulators, law enforcement and legislators. Rarely is there a corporate compliance discussion in 2017 where cyber isn’t “the” topic or a material part of…more

Corporate Monitoring, Cybersecurity, Cybersecurity Framework, Data Protection, FTC Guidelines

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Resolve to Strengthen Your IP Rights: Foolproof Exercises for 2017

Protecting your intellectual property has never been easier or more cost-effective, even if you engage outside counsel. Whether you are positioning your company for sale or expansion or simply want to step up your game, here is…more

Copyright, Copyright Infringement, Copyright Registration, Domain Names, gTLD

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A Federal District Court in Florida Finds Hospital System Properly Terminated a Professional Services Contract for a HIPAA Breach

The U.S. District Court for the Southern District of Florida found on June 20, 2013 that defendant Community Health Systems, Inc., and its affiliated hospital, Salem Hospital (collectively, “CHS”) properly terminated a…more

Breach Notification Rule, Data Breach, HIPAA, Hospitals, Misappropriation

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Nevada’s Gaming Policy Committee Convenes To Discuss Marijuana And The Gaming Industry

How far do Nevada’s casinos need to go to police marijuana use by their customers? Can a casino resort allow a marijuana industry conference to utilize its convention facilities? What practices do casinos need to follow…more

Decriminalization of Marijuana, Gambling, Gaming, Gaming Control Boards, Licensing Rules

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Update on 2704 Proposed Regulations and Impact on 2016 Gift Tax Reporting

Following the December 1, 2016 public hearing, the IRS reportedly began working on revisions to and clarifications of the new 2704 proposed regulations. While the uproar from the estate planning and accounting communities was…more

Estate Planning, Executive Orders, Family Businesses, Gift Tax, IRS

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Nevada’s Gaming Policy Committee Convenes To Discuss Marijuana And The Gaming Industry

How far do Nevada’s casinos need to go to police marijuana use by their customers? Can a casino resort allow a marijuana industry conference to utilize its convention facilities? What practices do casinos need to follow…more

Decriminalization of Marijuana, Gambling, Gaming, Gaming Control Boards, Licensing Rules

See all updates »

Tennessee Insurance Legal News: Volume 3, Number 3

Declaratory Judgment Action Interpreting the "Land Motorized Vehicle" Exclusion - In Tennessee Farmers Mutual Insurance Co. v. Simmons, No. E2013-01419-COA-R30-CV (Tenn. Ct. App. July 15, 2014), the Tennessee Court of…more

Appeals, ATV Accidents, Bodily Injury, Duty to Defend, Motor Carrier Act

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Determination Of Joint-Employer Status Of Educational Service Provider And Public School Academy

On March 28, 2014, the Michigan Alliance of Charter Teachers and Staff (“ACTS”) and the American Federation of Teachers (“AFT”) (collectively the “Union”) filed an election petition to organize a collective bargaining unit,…more

NLRA, NLRB, Private Schools, Public Schools, Teachers

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Recent Case Law Developments Impact Claims of Unpaid Suppliers for Goods Delivered Immediately Prior to Customer Bankruptcy

Section 503(b)(9) of the Bankruptcy Code (11 U.S.C. §503(b)(9)) provides a special administrative priority claim for someone that supplies goods to a debtor in the 20 day period before the bankruptcy filing, but is unpaid as of…more

Administrative Priority, Chapter 11, Commercial Bankruptcy, Debtors, Section 503(b)(9)

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It’s Official - Implementation of Final Rule on Disability Claims Procedures Formally Delayed

On November 24, 2017, the Department of Labor (“DOL”) Employee Benefits Security Administration (“EBSA”) formally delayed the applicability date of previously issued final regulations imposing new claims procedures to disability…more

Disability Access Claims, Disability Benefits, DOL, EBSA, Employee Benefits

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AODA in Brief

The Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) which serves as the framework for the Accessibility Standards for Customer Service (the “Customer Service Standard”) and the Integrated Accessibility Standards…more

Accessibility Rules, AODA, Canada

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It’s Official - Implementation of Final Rule on Disability Claims Procedures Formally Delayed

On November 24, 2017, the Department of Labor (“DOL”) Employee Benefits Security Administration (“EBSA”) formally delayed the applicability date of previously issued final regulations imposing new claims procedures to disability…more

Disability Access Claims, Disability Benefits, DOL, EBSA, Employee Benefits

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Franchise and Distribution News - March 2017

Is your dispute, subject to arbitration under your Franchise Agreement, going to be litigated in court? As we all know, using arbitration clauses in commercial agreements is pretty commonplace—particularly in the franchise…more

Arbitration, Canada, Franchise Agreements, Franchise Disclosure Document, Franchisors

See all updates »

It’s Official - Implementation of Final Rule on Disability Claims Procedures Formally Delayed

On November 24, 2017, the Department of Labor (“DOL”) Employee Benefits Security Administration (“EBSA”) formally delayed the applicability date of previously issued final regulations imposing new claims procedures to disability…more

Disability Access Claims, Disability Benefits, DOL, EBSA, Employee Benefits

See all updates »

Planning for 2018

Even if Congress fails this autumn to overhaul the Internal Revenue Code and, conceivably, repeal the federal “death” or estate tax, 2018 can be expected to bring relief in the form of taxpayer-friendly inflation adjustments. …more

Estate Tax, Generation-Skipping Transfer, Gift Tax, Internal Revenue Code (IRC), IRS

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Navigating Potholes in the Road to Success

Anyone who has ever driven through Michigan during the freeze/thaw season has probably hit a few potholes. Sometimes the potholes are impossible to see before you plow right into them, and other times they are clearly visible up…more

Law Practice Management, Young Lawyers

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IRS issues Rev. Proc. 2017-34 to Extend Time to Make Portability Election

For individuals dying after December 31, 2010, Section 2010(c) of the Internal Revenue Code provides that the unused estate tax exemption of the first deceased spouse is “portable” between spouses at death. Under this law, a…more

Estate Tax, Estate-Tax Exemption, IRS, Portability, Tax Exemptions

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Recent Developments in Mental Health Benefit Denials

The Mental Health Parity and Addiction Equity Act (Parity Act) requires health plans to provide the same coverage for mental health conditions as they provide for physical conditions, and that financial Requirements and…more

Benefit Plan Reimbursements, ERISA, Health Care Providers, Health Insurance, Insurance Litigation

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New Rules Affecting Passports Will Help IRS Collect Tax Debts

The Internal Revenue Service has a powerful new tool to help collect tax debts from individuals applying for or using passports for international travel. The new provisions allow the IRS to coordinate with the U.S. State…more

Fixing America’s Surface Transportation Act (FAST Act), International Travel, IRS, Passports, Tax Debt

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Healthcare Legal News: Vol 7, Number 1

Expansion Of Practice Autonomy Of Physician Assistants - As part of a flurry of activity at the end of 2016, Public Act 379 was enacted by the Michigan legislature and signed by Governor Snyder. That Act amends various…more

501(c)(3), Incentive Compensation, Internal Revenue Code (IRC), IRS, Physician Assistants

See all updates »

Department of Justice use of Parallel Proceedings

Corporations and individuals engaged in a heavily regulated industry, particularly those doing business with the federal government, stand a good chance of being called upon to provide information related to a government…more

AUSA, Civil Investigation Demand, DOJ, False Claims Act (FCA), Government Investigations

See all updates »

Vapor Intrusion: Why Property Owners and Purchasers really need to pay attention

An increasing degree of attention is being paid to instances of vapor intrusion, the process by which volatile chemicals migrate, in vapor form, from soil or groundwater into indoor air spaces of buildings. Even in the era of…more

Environmental Policies, Groundwater, Property Owners, Public Health, Real Estate Market

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U.S. and China Reach Agreement to Issue Extended Visas

Effective today the U.S. Department of State has extended the maximum visa validity period from one (1) to ten (10) years for Chinese nationals seeking a B-1/B-2 (business/tourist) visitor visa. This change comes on the heels of…more

China, Reciprocity Rules, US Department of State, Visas

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Savings, Solar, And Shade - Taking Advantage of Arizona’s Public School District Energy Contract Statutes

Arizona has abundant sun and heat. What it does not have in abundance is funding for school districts to construct any facilities or to pay ever increasing utility bills. Many districts are struggling to find the…more

Energy Efficiency, Energy Sector, School Districts, Solar Energy

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HR, Payroll, Finance Department Beware: Renewed IRS W-2 Phishing Scam Alert

The Internal Revenue Service and other agencies recently issued an urgent reminder Alert warning of a sophisticated scam to obtain confidential information and in some cases, fraudulent cash wire transfer payments. Scammers…more

Cyber Crimes, Email, Hospitals, Human Resources Professionals, IRS

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EEOC Proposes to Require Employers to Report Pay Data for Employees

For several years, the U.S. Equal Employment Opportunity Commission (EEOC) and others have raised concerns about unequal pay for women and minorities. These concerns led to the Lilly Ledbetter Fair Pay Act and are still being…more

EEO-1, EEOC, Equal Pay, Federal Contractors, Lilly Ledbetter

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Before Your Nonprofit Health System Considers a Merger – Three Important Board Preps

The Governing Board of every nonprofit health system considering a merger, change in control, sale or significant affiliation has a key role in the process and needs to be engaged throughout the planning, research, evaluation,…more

Board of Directors, Change in Control, Change in Ownership, Conflicts of Interest, Health Care Providers

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Phishing Lures: What To Do If You’ve Taken The Bait - U.S. Version

Sometimes, it’s easy to know you’re being phished. There’s little chance that a bank administrator in a country you’ve never heard of really needs your help to get the unclaimed money of a deceased, rich foreigner out of the…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach, Email

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The Internet of Toys: Legal and Privacy Issues with Connected Toys

Most people have heard of the Internet of Things, or IoT. With the holidays fast approaching, and with the onslaught of new smart and Internet-connected smart toys, for parents and toy manufacturers, at least for the next few…more

Children's Toys, Connected Items, COPPA, Data Collection, FERPA

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Franchise and Distribution News - March 2017

Is your dispute, subject to arbitration under your Franchise Agreement, going to be litigated in court? As we all know, using arbitration clauses in commercial agreements is pretty commonplace—particularly in the franchise…more

Arbitration, Canada, Franchise Agreements, Franchise Disclosure Document, Franchisors

See all updates »

UPDATE ALERT: Accessibility for Ontarians with Disabilities Act

We previously distributed two Client Alerts with respect to the new employer obligations under the Accessibility for Ontarians with Disabilities Act (“AODA”)…more

Accessibility Rules, AODA, Canada, Customer Service Standard, Disabilities

See all updates »

Section 338(h)(10) Election – S Corporation Stock Sale Treated as Asset Sale

Generally, a buyer in a stock sale does not obtain a step-up (or down) in the basis of the acquired corporation’s assets, unlike in an asset sale. However, if the acquired corporation in a stock sale is an S corporation, an…more

S-Corporation, Sale of Assets, Stock Sale Agreements, Stocks

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IRS Tax Penalties

In a famous saying by Benjamin Franklin, “… but in this world nothing can be said to be certain, except death and taxes.” In the past 100 years, it would be very safe to add to the end of that quote, “and the Internal Revenue…more

IRS, Tax Debt, Tax Penalties, Tax Returns

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Website Operators In or Targeting Nevada, You Have Privacy Policies To Implement by October 1, 2017

As of October 1, 2017, Nevada will join California and Delaware to require the operators of certain websites and online services to post a notice on their website informing users about their privacy practices…more

Data Collection, New Legislation, Notice Requirements, Privacy Policy, Website Owner Liability

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U.S Tax Court Bounces Rev. Rul. 91-32: Sales of Partnership Interests by Foreign Partners May Not be Subject to U.S. Tax

The practice of tax law is an exercise of statutory interpretation. A recent opinion of the U.S. Tax Court, Grecian Magnesite Mining, Indust. & Ship. Co. v. C.I.R., 149 T.C. No. 3 (July 13, 2017), is illustrative. Grecian…more

Capital Gains, FDAP, Internal Revenue Code (IRC), IRS, Limited Liability Company (LLC)

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FTC Announces New, Elevated Hart-Scott-Rodino Premerger Notification Reporting Thresholds

The Hart-Scott-Rodino Act, 15 U.S.C. 18a (the "HSR Act"), requires parties that are contemplating a merger or the acquisition of assets, voting securities and other non-corporate interests above certain dollar thresholds to…more

Filing Fees, FTC, Hart-Scott-Rodino Act, Jurisdiction, Pre-Merger Filing Requirements

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Do you have to file a gift tax return (Form 709) for 2016?

If you made a gift to one individual in excess of $14,000 during 2016 (or $28,000 if you are married and you and your spouse agreed to "gift split"), then you will likely be required to file a gift tax return…more

Gift Tax, Income Taxes, IRS, Required Forms, Tax Returns

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Can Tenants Challenge Property Tax Assessments?

A recent New York case brought into question what had been accepted as a reality, can a tenant challenge the property tax assessment it must pay under the lease? As recognized by the Court, tenants are aggrieved persons under…more

Commercial Tenants, Property Tax, Property Valuation, Real Estate Market, State and Local Government

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Canadian Government Seeks Input for Innovation Agenda

In September 2015 a new government was elected in Canada, on a platform of significant change. Its first budget, tabled last March, outlines its plan for implementation of that change. A significant part of the budget – upwards…more

Canada, First Nations, Green Technology, Innovation, Legislative Agendas

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FDIC Highlights Brokered Deposits

At the start of 2015, the Federal Deposit Insurance Corporation ("FDIC") has issued new guidance for banks and other insured depository institutions ("banks") regarding brokered deposits. In a series of frequently asked…more

Banking Sector, Banks, Brokered Deposits, FDIC, New Guidance

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Proposed Changes to Ontario Employment and Labour Laws

On May 23, 2017, the Government of Ontario’s Special Advisors released their Final Report from the Changing Workplaces Review (the Final Report) which outlines 173 recommendations to amend the Employment Standards Act (Ontario)…more

Bargaining Units, Canada, Employment Standards Act, Equal Pay, Gig Economy

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President Trump’s Third, Indefinite Travel Ban Takes Blows from Courts

Federal judges in Hawaii and Maryland have temporarily blocked the implementation of President Trump’s most recent travel ban, which was issued by Presidential Proclamation on September 24, 2017 (Proclamation) and set to take…more

DHS, Executive Orders, Foreign Nationals, Foreign Workers, Green Cards

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Proposed Changes to Ontario Employment and Labour Laws

On May 23, 2017, the Government of Ontario’s Special Advisors released their Final Report from the Changing Workplaces Review (the Final Report) which outlines 173 recommendations to amend the Employment Standards Act (Ontario)…more

Bargaining Units, Canada, Employment Standards Act, Equal Pay, Gig Economy

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Recent Case Serves as Reminder to Take Care in Structuring Sales of Physician Practices

Over the past few years, hospitals, health systems and practice management companies have increased their efforts to acquire physician practices. Moreover, physician groups are increasingly interested in selling their practices…more

Health Care Providers, Physicians, Sale of Assets, Selling a Business

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The End to Discounts for Transfers of Interests in Family Business Entities

The ability to use transfer and liquidation restrictions in legal documents to reduce the value of an interest in a family-controlled (or “closely-held”) business entity (e.g., partnership, corporation, limited liability…more

Business Succession, Business Valuations, Closely Held Businesses, Comment Period, Estate Planning

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Bill C-290 Losing Steam

Bill C-290 is a private member’s bill which would alter the Canadian Criminal Code to allow for provincial lottery corporations to offer single-game sports betting. Despite passing through the House of Commons unanimously,…more

Bill C-290, Canada, Criminal Code, Lottery, Pending Legislation

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Trademark Infringement and Unfair Competition Action

On behalf of the nationally well-known professional boxing promoter, New Jersey Sports Productions, d/b/a Main Events, Samuel Littlepage (Member, Washington, D.C.) and Melissa Alcantara (Member, Washington, D.C.) have filed a…more

Boxing, Broadcasting, Contests & Promotions, Intellectual Property Protection, Lanham Act

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CSA Announces Amendments to National Instrument (NI) 45-106

On February 19, 2015, the Canadian Securities Administrators (“CSA”) announced the adoption of changes to the accredited investor and minimum amount investment prospectus exemptions, among other changes. The amendments are…more

Accredited Investors, Canada, Canadian Securities Administration, Exemptions, Financial Adviser

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Franchise and Distribution News - March 2017

Is your dispute, subject to arbitration under your Franchise Agreement, going to be litigated in court? As we all know, using arbitration clauses in commercial agreements is pretty commonplace—particularly in the franchise…more

Arbitration, Canada, Franchise Agreements, Franchise Disclosure Document, Franchisors

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The Times They Are a-Changin’ – Potential U.S. Tax Reform Implications of the 2016 Elections

As a result of the United States federal elections on November 8, 2016, Donald J. Trump is the president-elect, and the House of Representatives and Senate both will consist of Republican majorities. As a result, it is nearly…more

Estate Tax, Generation-Skipping Transfer, Gift Tax, Income Taxes, Presidential Elections

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Nevada’s Gaming Policy Committee Convenes To Discuss Marijuana And The Gaming Industry

How far do Nevada’s casinos need to go to police marijuana use by their customers? Can a casino resort allow a marijuana industry conference to utilize its convention facilities? What practices do casinos need to follow…more

Decriminalization of Marijuana, Gambling, Gaming, Gaming Control Boards, Licensing Rules

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Are You Exempt? FDA Announces Waivers for Certain Businesses Subject to the Sanitary Transportation Rule

The FDA Food Safety Modernization Act (FSMA) rule on Sanitary Transportation of Human and Animal Food is now final and on April 5, 2017, the FDA published three waivers for certain qualifying businesses. The Sanitary…more

Animal Food, Common Carriers, Department of Transportation (DOT), FDA, Food Safety

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The New Partnership Audit Rules Are Coming, Have You Checked Your Operating Agreement?

At the end of 2015, the Bipartisan Budget Act of 2015, as amended (the “BBA”), was enacted into law, and will be effective for tax years beginning after 2017. Under the BBA, the rules relating to the audit of partnership tax…more

Audits, Bipartisan Budget Act, Business Taxes, Operating Agreements, Partnerships

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Vapor Intrusion: Why Property Owners and Purchasers really need to pay attention

An increasing degree of attention is being paid to instances of vapor intrusion, the process by which volatile chemicals migrate, in vapor form, from soil or groundwater into indoor air spaces of buildings. Even in the era of…more

Environmental Policies, Groundwater, Property Owners, Public Health, Real Estate Market

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Canadian Government Seeks Input for Innovation Agenda

In September 2015 a new government was elected in Canada, on a platform of significant change. Its first budget, tabled last March, outlines its plan for implementation of that change. A significant part of the budget – upwards…more

Canada, First Nations, Green Technology, Innovation, Legislative Agendas

See all updates »

Proposed Changes to Ontario Employment and Labour Laws

On May 23, 2017, the Government of Ontario’s Special Advisors released their Final Report from the Changing Workplaces Review (the Final Report) which outlines 173 recommendations to amend the Employment Standards Act (Ontario)…more

Bargaining Units, Canada, Employment Standards Act, Equal Pay, Gig Economy

See all updates »

Vapor Intrusion: Why Property Owners and Purchasers really need to pay attention

An increasing degree of attention is being paid to instances of vapor intrusion, the process by which volatile chemicals migrate, in vapor form, from soil or groundwater into indoor air spaces of buildings. Even in the era of…more

Environmental Policies, Groundwater, Property Owners, Public Health, Real Estate Market

See all updates »

What Do You Do If You Receive A Notice From The IRS That Your Tax Return Is Under Audit?

Depending on the amount that may be at issue, call a tax lawyer immediately. A tax lawyer that has handled audits before is able to provide important strategy and structure to the audit that will present your case in the best…more

Income Taxes, Investigations, IRS, Tax Audits, Tax Liability

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The Seventh Circuit Court of Appeals Rules Title VII Of The Civil Rights Act of 1964 Prohibits Sexual Orientation Discrimination

On April 4, 2017 the U.S. Court of Appeals for the Seventh Circuit ruled in Hively v. Ivy Tech Community College of Indiana (Docket No. 15-1720) that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the…more

Civil Rights Act, Discrimination, Employment Litigation, Gender Identity, LGBT

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Franchise & Distribution News - June 2014

In This Issue: - NEW FRANCHISE LEGISLATION IN CANADA: British Columbia, which presently does not have a franchise specific statute, recently took one step closer to implementing such legislation when the British…more

CASL, Commercial Electronic Messages, Contract Disputes, Franchises

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U.S. Supreme Court Holds Trademark Registrations Are Free to Disparage

Justice Alito’s summary opinion announced in Court Monday morning, in what has come to be known as the Slants case (Matel v. Tam, 582 U.S. ___ (June 19, 2017), was short and sweet but the trademark applications we can expect in…more

Disparagement, First Amendment, Free Speech, Lanham Act, Matal v Tam

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What Do You Do If You Receive A Notice From The IRS That Your Tax Return Is Under Audit?

Depending on the amount that may be at issue, call a tax lawyer immediately. A tax lawyer that has handled audits before is able to provide important strategy and structure to the audit that will present your case in the best…more

Income Taxes, Investigations, IRS, Tax Audits, Tax Liability

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Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most significant…more

America Invents Act, Apple, DNA, First-to-File, First-to-Invent

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ITC Rules on SolarWorld/Suniva Investigation

In spring of 2017, Suniva Inc. ("Suniva") and SolarWorld Americas, Inc. ("SolarWorld") (together, the "Petitioners"), filed Investigation No. TA-201-075 with the International Trade Commission (the "ITC") under Section 201 of…more

Clean Energy, Domestic Injury, Energy Sector, Imports, ITC

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It’s Official - Implementation of Final Rule on Disability Claims Procedures Formally Delayed

On November 24, 2017, the Department of Labor (“DOL”) Employee Benefits Security Administration (“EBSA”) formally delayed the applicability date of previously issued final regulations imposing new claims procedures to disability…more

Disability Access Claims, Disability Benefits, DOL, EBSA, Employee Benefits

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Amendment To Michigan Condominium Act Clarifies Audit Requirements For Condominium Associations

The Michigan Legislature has passed an amendment to Section 57 of the Michigan Condominium Act (MCL 559.157) which is intended to clarify the annual audit responsibilities for condominium associations. Michigan Public Act No…more

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Vapor Intrusion: Why Property Owners and Purchasers really need to pay attention

An increasing degree of attention is being paid to instances of vapor intrusion, the process by which volatile chemicals migrate, in vapor form, from soil or groundwater into indoor air spaces of buildings. Even in the era of…more

Environmental Policies, Groundwater, Property Owners, Public Health, Real Estate Market

See all updates »

SEC Releases Crowdfunding Rules for Securities Offerings

Investors will be able to purchase securities through internet crowdfunding platforms under new final rules released by the Securities and Exchange Commission (SEC) in October. The final rules, known as “Regulation…more

Crowdfunding, Disclosure Requirements, Internet, Investors, JOBS Act

See all updates »

ITC Rules on SolarWorld/Suniva Investigation

In spring of 2017, Suniva Inc. ("Suniva") and SolarWorld Americas, Inc. ("SolarWorld") (together, the "Petitioners"), filed Investigation No. TA-201-075 with the International Trade Commission (the "ITC") under Section 201 of…more

Clean Energy, Domestic Injury, Energy Sector, Imports, ITC

See all updates »

The Seventh Circuit Court of Appeals Rules Title VII Of The Civil Rights Act of 1964 Prohibits Sexual Orientation Discrimination

On April 4, 2017 the U.S. Court of Appeals for the Seventh Circuit ruled in Hively v. Ivy Tech Community College of Indiana (Docket No. 15-1720) that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the…more

Civil Rights Act, Discrimination, Employment Litigation, Gender Identity, LGBT

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Contaminated Product Insurance Policy Held Void Due To Insured’s Misrepresentations

A federal appeals court recently held void a product contamination policy issued to H.J. Heinz Company on the basis that Heinz failed to disclose previous contamination claims on its insurance application. In 2014, Heinz…more

Appeals, Applications, Baby Products, Commercial Insurance Policies, Failure To Disclose

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NLRB Ambush Election Rule Withstands an Appeal

An employer-led challenge to the National Labor Relations Board’s 2015 changes to union election rules has been rejected by the 5th U.S. Circuit Court of Appeals. The rejection means that the controversial rule changes –…more

Administrative Authority, Administrative Procedure Act, Agency Deference, Ambush Election Rules, Corporate Counsel

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Healthcare Legal News: Volume 7, Number 2

Where is your PHI Data Traveling Today? With most vendors offering and pushing cloud computing solutions and offsite data backup, or guaranteeing offsite backup of data they process for you, many HIPAA covered entities and…more

Church Plans, Clinical Trials, Data Protection, Employee Benefits, ERISA

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OESA Legal Corner E-Mail Troubles: Can Your Company’s Handbook Help You in Employment Litigation?

Have you ever considered whether your company has a right to use an employee’s e-mail communications with his or her attorney conveyed through your company’s system? A company’s defense in an employment lawsuit can be impacted…more

Adverse Employment Action, Email, Email Policies, Employee Handbooks, Employee Rights

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A Sense of Security with Orders of Protection in Arizona

Going through a divorce or a dispute in your personal life can be stressful, especially if you fear the safety of yourself and loved ones. Orders of protection are one way you can protect you and your family if you feel…more

Divorce, Domestic Violence, Personal Protection Orders

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ITC Rules on SolarWorld/Suniva Investigation

In spring of 2017, Suniva Inc. ("Suniva") and SolarWorld Americas, Inc. ("SolarWorld") (together, the "Petitioners"), filed Investigation No. TA-201-075 with the International Trade Commission (the "ITC") under Section 201 of…more

Clean Energy, Domestic Injury, Energy Sector, Imports, ITC

See all updates »

Supreme Court of Canada Upholds Priority for DIP Lenders in CCAA Proceedings

Overview - On February 1, 2013, the Supreme Court of Canada (the “SCC”) affirmed the priority granted to Debtor-In-Possession (“DIP”) lenders who provide capital to debtor companies undergoing the restructuring process…more

Chapter 11, Constructive Trusts, Debtors-in-Possession, Fiduciary Duty, Indalex

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[Webinar] Preparing for Mediation: As Important as Preparing for Trial - Jan. 28, 4:00-5:00pm EST

Everyone knows how important it is to prepare for trial; however most “big cases” don’t go to trial, they go to mediation, and choosing the right mediator is just as important as choosing the right trial attorney. This…more

Litigation Strategies, Mediation, Webinars

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Michigan Supreme Court Clarifies Application of the Statute of Limitations to Shareholder Oppression Claims

In the recent case of Frank v Linkner, ___ Mich ___; ___ NW2d ___ (2017), the Michigan Supreme Court clarified that a claim for member oppression under Michigan’s Limited Liability Company Act (“LLCA”), MCL 450.4101 et seq.,…more

Limited Liability Company (LLC), MI Supreme Court, Shareholder Oppression, Shareholders, Statute of Limitations

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2017 Federal Business Income Tax Legislation

Republicans are still expected to come up with significant changes in income taxation. The latest proposed significant change is to reduce the maximum marginal federal tax rate on corporations to 20% from its current essential…more

Business Taxes, Corporate Taxes, Income Taxes, Tax Deductions, Tax Rates

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SEC Releases Crowdfunding Rules for Securities Offerings

Investors will be able to purchase securities through internet crowdfunding platforms under new final rules released by the Securities and Exchange Commission (SEC) in October. The final rules, known as “Regulation…more

Crowdfunding, Disclosure Requirements, Internet, Investors, JOBS Act

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Canadian Bankruptcy Considerations in Factoring Transactions

Factoring transactions, in which a buyer purchases outright or acquires an interest in a seller’s accounts receivable, are becoming increasingly common. Initially, the buyer must determine whether the transaction is to be…more

Bankruptcy Insolvency Act (BIA), Buyers, Canada, CCAA, Clawbacks

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Intellectual Property Legal News: Volume 2, Number 1

TEVA PHARMACEUTICALS: IS IT TIME TO RETHINK HOW YOU WILL ARGUE CLAIM CONSTRUCTION? The United States Supreme Court decided in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. that the Federal Circuit must review all subsidiary…more

Claim Construction, Clear Error Standard, De Novo Standard of Review, Extrinsic Evidence, Indefiniteness

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Michigan Property Tax Exemption for Charitable Institutions Is Again Construed Broadly by the State Supreme Court

Property owned and occupied by charitable institutions solely for their charitable purposes is exempt from Michigan property tax. Some assessors denied exemptions to charities that charged fees for their services, arguing that…more

Appeals, Charitable Organizations, MI Supreme Court, Property Tax, Tax Exempt Entities

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Homeowners Cannot Assert Claims Against Subcontractors For Breach Of Implied Warranty

Since 1979, Arizona courts have recognized an implied warranty of workmanship and habitability (“Implied Warranty”) regarding new home construction. Although a contractual relationship (“privity”) is generally required to bring…more

Breach of Warranty, Construction Defects, Construction Disputes, Implied Warranty of Habitability, Subcontractors

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Estate Tax Portability – Not So Fast My Friend

Many of you have heard of the new Federal estate tax “portability” rule that allows a surviving spouse to effectively inherit any unused federal estate tax exemption of a predeceased spouse. An individual can only use the…more

Decedent Protection, Estate Planning, Estate Tax, IRS, Portability

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Arizona’s Broad Anti-Deficiency Protection Confirmed

The non-judicial foreclosure process affords banks and lenders a relatively “cheap” means of executing on their collateral in the event of a borrower’s defaults. That cheaper process comes at a price, however. Arizona has a…more

Anti-Deficiency Provisions, Borrowers, Foreclosure, Lenders

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So…Everyone’s Been Compromised? What To Do In The Wake Of The Equifax Breach

By now, you’ve probably heard that over 143 million records containing highly sensitive personal information have been compromised in the Equifax data breach. With numbers exceeding 40% of the population of the United States at…more

Credit Reporting Agencies, Credit Reports, Cyber Attacks, Data Breach, Equifax

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High Court Unanimously Upholds ERISA Exemption For Church-Affiliated Pension Plans

Advocate Health Care Network et al v. Stapleton et al, 581 U.S. __ (2017) - In one of the recent opinions rendered by the United States Supreme Court, it was found that pension plans maintained by religiously affiliated…more

Advocate Health Care v Stapleton, Affiliates, Church Plans, Employee Benefits, ERISA

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Recent Developments in Mental Health Benefit Denials

The Mental Health Parity and Addiction Equity Act (Parity Act) requires health plans to provide the same coverage for mental health conditions as they provide for physical conditions, and that financial Requirements and…more

Benefit Plan Reimbursements, ERISA, Health Care Providers, Health Insurance, Insurance Litigation

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Morris Agreement Ruled Unenforceable In Mechanics’ Lien Dispute

A “Morris agreement” between a title insured and mechanics lien claimants was unenforceable, because the agreement wasn’t an arms-length transaction, and the settlement left the insured without any risk of personal liability,…more

Appeals, Fidelity National Title Insurance Company, Insurance Contracts, Insurance Industry, Mechanics Lien

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Education Newsletter: Volume 1, Number 2

House Bill 2078 (signed April 17, 2017) - This bill restructures post-secondary credit system for high school students. Unlike dual enrollment programs, a student enrolled in concurrent coursework will attend regular classes…more

Charter Schools, College Admissions, Disabled Children, Educational Institutions, Federal Funding

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Dickinson Wright Successfully Stays Patent Action Pending Ex Parte Reexamination

On April 26, 2017, Dickinson Wright attorneys Bryan Schomer and Frank Smith successfully obtained a stay on behalf of their client, Detroit Edge Tool Co. (DETCO), in a patent infringement matter filed by Genesis Attachments,…more

Ex Partes Reexamination, Patent Infringement, Patent Litigation, Patents, Stays

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It’s Official - Implementation of Final Rule on Disability Claims Procedures Formally Delayed

On November 24, 2017, the Department of Labor (“DOL”) Employee Benefits Security Administration (“EBSA”) formally delayed the applicability date of previously issued final regulations imposing new claims procedures to disability…more

Disability Access Claims, Disability Benefits, DOL, EBSA, Employee Benefits

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Gaming Legal News: Volume 8, Number 4

IS GAMING IN THE CARDS FOR THE VOLUNTEER STATE? Dickinson Wright has learned that Tennessee House Representative Jason Powell has submitted a proposed constitutional amendment that could permit casino gaming in Tennessee…more

Canada, Casinos, Constitutional Amendment, Gaming, Gaming Commissions

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AIA Releases 2017 Construction and Design Agreements

At the end of last month, the American Institute of Architects (“AIA”) released several revised documents including the primary agreements between the owner and contractor and the owner and architect. Many of the revisions are…more

American Institute of Architects, Architects, Construction Contracts, Construction Industry, Contract Terms

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Detroit Casinos’ April Revenues Decrease from Same Month Last Year

The Michigan Gaming Control Board (“MGCB”) released the revenue and wagering tax data for April 2014 for the three Detroit, Michigan commercial casinos. The three Detroit commercial casinos posted a collective 6.5% decrease in…more

Casinos, Gambling, Gaming, Gaming Commissions

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Litigating in Ontario

As cross-border commerce has become commonplace for so many of our clients and with it the prospect and likelihood of their finding themselves considering or responding to litigation in Canada, there is a need to understand the…more

Business Litigation, Canada, Discovery, Jury Trial, Legal Costs

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CSA Announces Amendments to National Instrument (NI) 45-106

On February 19, 2015, the Canadian Securities Administrators (“CSA”) announced the adoption of changes to the accredited investor and minimum amount investment prospectus exemptions, among other changes. The amendments are…more

Accredited Investors, Canada, Canadian Securities Administration, Exemptions, Financial Adviser

See all updates »

Wash Sales

If you own stock that is currently worth less than what you paid for it you might wish to consider selling it and then reacquiring it by purchase -- if you think that the stock has reached its low point but feel that it is…more

Stocks, Wash Sale Rules, Wash Trades

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Nevada’s Gaming Policy Committee Convenes To Discuss Marijuana And The Gaming Industry

How far do Nevada’s casinos need to go to police marijuana use by their customers? Can a casino resort allow a marijuana industry conference to utilize its convention facilities? What practices do casinos need to follow…more

Decriminalization of Marijuana, Gambling, Gaming, Gaming Control Boards, Licensing Rules

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UPDATE ALERT: Accessibility for Ontarians with Disabilities Act

We previously distributed two Client Alerts with respect to the new employer obligations under the Accessibility for Ontarians with Disabilities Act (“AODA”)…more

Accessibility Rules, AODA, Canada, Customer Service Standard, Disabilities

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Cash Value of Life Insurance Policy Exempt From Garnishment

DC Mex Holdings LLC v Affordable Land LLC and Dale Fuller, ___ Mich. App. ___ (July 25, 2017), Case no. 332439 - Michigan’s Court of Appeals recently issued an opinion interpreting a statutory provision exempting insurance…more

Cash Value, Creditors, Debt Collection, Estate Planning, Garnishment

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To Disclose Or Not To Disclose: Trade Secrets Vs. Patents

When a business develops valuable information not known to its competitors, it is often faced with a difficult and important decision: whether to disclose that information and seek federal patent protection, or to maintain the…more

Confidential Information, Corporate Strategy, Intellectual Property Protection, Patents, Registration Statement

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Amendments to the Michigan Nonprofit Corporations Act

In January 2015, Governor Snyder signed Michigan Senate Bills 623, 624, and 929, which make significant revisions to the Michigan Nonprofit Corporation Act (MCL 450.2101 – 450.3192) (the “Act”). The purpose of these companion…more

Amended Legislation, Articles of Incorporation, Charitable Purpose, Indemnification, Mergers

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Municipal Law and Finance: Personal Property Tax Reform

Personal Property Tax Reform Background - Grand Rapids city leaders in cooperation with leaders from Ottawa and Kent Counties, Wyoming, and the Grand Valley Metropolitan Council worked with the Lieutenant Governor’s…more

Property Tax, State Taxes, Tax Reform

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Intellectual Property Legal News - June 3, 2013 • Volume 1, Number 3

In This Issue: - CANADA’S LONG-AWAITED COPYRIGHT MODERNIZATION TAKES EFFECT: To much fanfare and after years of debate and consultation, the government of Canada passed the most important reforms to Canadian…more

Canada, Copyright Modernization Act, First Sale Doctrine, Infringement, Patent Exhaustion

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Preventing Overpayments from becoming False Claims

Overpayments to healthcare providers receiving Medicare reimbursements are at risk of civil and criminal enforcement action if not attuned to a particular reimbursement rule and diligent in compliance with the rule’s…more

60-Day Rule, Affordable Care Act, CMS, False Claims Act (FCA), Health Care Providers

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OESA Legal Corner E-Mail Troubles: Can Your Company’s Handbook Help You in Employment Litigation?

Have you ever considered whether your company has a right to use an employee’s e-mail communications with his or her attorney conveyed through your company’s system? A company’s defense in an employment lawsuit can be impacted…more

Adverse Employment Action, Email, Email Policies, Employee Handbooks, Employee Rights

See all updates »

[Webinar] Peeling Back the Curtain: Working with Your Legal Department to Optimize Your Relationship With Your Outside Law Firms - June 2, 5, 10 & 11

The pressure between managing external legal costs and efficient execution of your company’s legal tasks while maintaining a successful relationship with your outside law firms can be a challenge. In this webinar, we examine the…more

Corporate Counsel, Legal Costs, Legal Project Management, Outside Counsel, Request for Proposals

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Analysis of New Timeshare Arrangement Exception to the Stark Law – Part 2

In a previous post, we analyzed the new Timeshare Arrangement exception to the Stark law that CMS proposed and went into effect on January 1, 2016. Here we give an example of how the new timeshare arrangement exception works as…more

CMS, Commercial Leases, Equipment Lease, Stark Law, Timeshare Arrangement

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Immigration Law Alert - April 2013

A number of current immigration matters deserve your attention and consideration: 1. USCBP Announces the Advent of the Paperless Form I-94 for Air and Sea Arrivals, Effective April 26, 2013. 2. Immigration Reform –…more

Customs and Border Protection, Form I-94, H-1B, I-9, Immigration Reform

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President Trump’s Third, Indefinite Travel Ban Takes Blows from Courts

Federal judges in Hawaii and Maryland have temporarily blocked the implementation of President Trump’s most recent travel ban, which was issued by Presidential Proclamation on September 24, 2017 (Proclamation) and set to take…more

DHS, Executive Orders, Foreign Nationals, Foreign Workers, Green Cards

See all updates »

Deducting Cost of Assisted Living Facilities

Assisted living facilities for elderly persons (“ALFs”) can be very expensive, but for many taxpayers, the cost can be fully deducted on federal income tax returns as a medical expense if the ALF resident’s health problems rise…more

Assisted Living Facility, Elder Issues, Health Care Providers, Income Taxes, Long Term Care Facilities

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Amendments to Library TIF Legislation

At the end of 2016, a series of bills were enacted into law that allowed library tax increments to be excluded from tax increment capture with respect to a number of authorities. However, the language of the bills was flawed…more

Development Agreements, Libraries, Municipalities, New Legislation, Proposed Legislation

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Canada Initiates Stakeholder Consultations on a New Trans-Pacific Partnership Agreement

On September 30, 2017, Global Affairs Canada announced that it has commenced a consultation process regarding a new Trans-Pacific Partnership Agreement (“TPP-11”). The consultation process is part of a renewed effort to finalize…more

Canada, Cross-Border Transactions, Free Trade Agreements, Trade Agreements, Trade Policy

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Tennessee Insurance Legal News: Volume 3, Number 3

Declaratory Judgment Action Interpreting the "Land Motorized Vehicle" Exclusion - In Tennessee Farmers Mutual Insurance Co. v. Simmons, No. E2013-01419-COA-R30-CV (Tenn. Ct. App. July 15, 2014), the Tennessee Court of…more

Appeals, ATV Accidents, Bodily Injury, Duty to Defend, Motor Carrier Act

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LLC Membership Interest Purchase Treated As Asset Purchase

A buyer of a business often will prefer to purchase assets rather than equity interests in order to, among other things, obtain a step-up in the tax basis of the assets of the business equal to its purchase price. The buyer…more

Acquisitions, Asset Purchaser, Buyers, Equity Transactions, IRS

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Determination Of Joint-Employer Status Of Educational Service Provider And Public School Academy

On March 28, 2014, the Michigan Alliance of Charter Teachers and Staff (“ACTS”) and the American Federation of Teachers (“AFT”) (collectively the “Union”) filed an election petition to organize a collective bargaining unit,…more

NLRA, NLRB, Private Schools, Public Schools, Teachers

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NAFTA: USTR Summary of Objectives Released July 17, 2017

The North American Free Trade Agreement (NAFTA) modernization process advanced on July 17, 2017 with the release by the Office of the United States Trade Representative (USTR) of the NAFTA negotiating objectives summary…more

Canada, Cross-Border Transactions, Exports, Free Trade Agreements, Imports

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Arizona Courts Continue to Favor Arbitration

In Gullett v. Kindred Nursing Centers West, ___ Ariz. ___, 758 Ariz. Adv. Rep. 12 (App. 2017),the Arizona Court of Appeals ruled that an arbitration agreement between a patient and a convalescent hospital was enforceable over a…more

Appeals, Arbitration, Arbitration Agreements, Discovery, Health Care Providers

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Canada Initiates Stakeholder Consultations on a New Trans-Pacific Partnership Agreement

On September 30, 2017, Global Affairs Canada announced that it has commenced a consultation process regarding a new Trans-Pacific Partnership Agreement (“TPP-11”). The consultation process is part of a renewed effort to finalize…more

Canada, Cross-Border Transactions, Free Trade Agreements, Trade Agreements, Trade Policy

See all updates »

New Arizona Law Releases Chokehold on Franchise Employment Status Dilemma

On March 21, 2017, Arizona Governor Doug Ducey signed into law House Bill 2322 which is Arizona’s response to the legal controversy plaguing many franchisors relative to imputed joint employment. The law holds that no franchisor…more

Employer Liability Issues, Franchises, Joint Employers, New Legislation, Wage and Hour

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New Michigan Law Allows Drainage Districts to Issue Term Bonds

Michigan drainage districts can issue term bonds for their projects under a new law signed by Gov. Rick Snyder on March 1…more

Bond Financing, Governor Snyder, Municipal Bonds, Public Utility

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Governor Kasich Signs Legislation Expanding Concealed Carry Laws for Employers across Ohio

On Monday, December 19, 2016, Ohio Governor John Kasich signed into law Senate Bill 199, a controversial piece of legislation intended to expand concealed carry laws for firearms in Ohio. Although originally limited to exempting…more

Concealed Carry Permit, Concealed Weapons, Employee Handbooks, Employer Liability Issues, Employment Policies

See all updates »

President Trump’s Third, Indefinite Travel Ban Takes Blows from Courts

Federal judges in Hawaii and Maryland have temporarily blocked the implementation of President Trump’s most recent travel ban, which was issued by Presidential Proclamation on September 24, 2017 (Proclamation) and set to take…more

DHS, Executive Orders, Foreign Nationals, Foreign Workers, Green Cards

See all updates »

Keeping Pace in Clinical Research: The Common Rule Picks up Speed

In recent years, the world of human subjects research has expanded not only with regard to the number of clinical research trials being conducted and the array of drugs and devices being tested, but also with respect to the…more

Clinical Trials, Ethics, Informed Consent, Institutional Review Board (IRB), Life Sciences

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President Trump’s Third, Indefinite Travel Ban Takes Blows from Courts

Federal judges in Hawaii and Maryland have temporarily blocked the implementation of President Trump’s most recent travel ban, which was issued by Presidential Proclamation on September 24, 2017 (Proclamation) and set to take…more

DHS, Executive Orders, Foreign Nationals, Foreign Workers, Green Cards

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Supreme Court of Canada Upholds Priority for DIP Lenders in CCAA Proceedings

Overview - On February 1, 2013, the Supreme Court of Canada (the “SCC”) affirmed the priority granted to Debtor-In-Possession (“DIP”) lenders who provide capital to debtor companies undergoing the restructuring process…more

Chapter 11, Constructive Trusts, Debtors-in-Possession, Fiduciary Duty, Indalex

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Gaming Legal News: Volume 8, Number 24

Texas Continues To Wage War Against Indian Gaming - Texas Attorney General Kenneth Paxton appears to not like Indian gaming. Two of the state’s three federally recognized tribes have been pursuing gaming opportunities for…more

Alaska Native Claims Settlement Act (ANCSA), Indian Gaming, Indian Gaming Regulation Act, Land Trusts, Property Tax

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The Auto Industry’s Safety Whistleblower Program: What You Need To Know

The Motor Vehicle Safety Whistleblower Program that originally passed through the U.S. Senate last summer but stalled in the House of Representatives has finally been signed into law by President Obama as part of the Fixing…more

Automotive Industry, Department of Transportation (DOT), Fixing America’s Surface Transportation Act (FAST Act), MAP-21, Motor Vehicle Safety Whistleblower Program (MVSWP)

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New Michigan Law Allows Drainage Districts to Issue Term Bonds

Michigan drainage districts can issue term bonds for their projects under a new law signed by Gov. Rick Snyder on March 1…more

Bond Financing, Governor Snyder, Municipal Bonds, Public Utility

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Expansion of Practice Autonomy of Physician Assistants Summary

As part of a flurry of activity at the end of 2016, Public Act 379 was enacted by the Michigan legislature and signed by Governor Snyder. That Act amends various provisions of the Michigan Public Health Code (the “Code”)…more

Amended Legislation, Physician Assistants, Physicians, Public Health

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The Defend Trade Secrets Act. It’s Coming: What You Need to Know

The Defend Trade Secrets Act (DTSA) is headed to President Barack Obama for his signature, and there is little doubt that President Obama will sign it into law. Below is a summary of what you need to know about this soon-to-be…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Employment Contract, Ex Parte, Misappropriation

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SEC Releases Crowdfunding Rules for Securities Offerings

Investors will be able to purchase securities through internet crowdfunding platforms under new final rules released by the Securities and Exchange Commission (SEC) in October. The final rules, known as “Regulation…more

Crowdfunding, Disclosure Requirements, Internet, Investors, JOBS Act

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New Michigan Law Allows Drainage Districts to Issue Term Bonds

Michigan drainage districts can issue term bonds for their projects under a new law signed by Gov. Rick Snyder on March 1…more

Bond Financing, Governor Snyder, Municipal Bonds, Public Utility

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U.S. and China Reach Agreement to Issue Extended Visas

Effective today the U.S. Department of State has extended the maximum visa validity period from one (1) to ten (10) years for Chinese nationals seeking a B-1/B-2 (business/tourist) visitor visa. This change comes on the heels of…more

China, Reciprocity Rules, US Department of State, Visas

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Changes to Minimum Standard Detail Requirements for Land Title Surveys Coming in February

The American Land Title Association (ALTA) and National Society of Professional Surveyors (NSPS) have announced changes to the standards for the minimum standard detail requirements for land title surveys of real property. The…more

ALTA, Land Titles, Property Owners, Real Estate Market, Solid Waste

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