Dickinson Wright

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500 Woodward Avenue
Suite 4000
Detroit, Michigan 48226-3425, United States
Phone: 313-223-3500
Fax: 844-670-6009
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
  • California
  • Colorado
  • D.C.
  • Florida
  • Illinois
  • Kentucky
  • Michigan
  • Nevada
  • Ohio
  • Tennessee
  • Texas
Other Countries
  • Canada
  • China
  • India
  • Japan
Number of Attorneys
400+ Attorneys

Texas' New Business Courts and Court of Appeals

On June 2, 2023, the Texas 88th Legislature concluded its session and passed two laws that significantly affect the adjudication of select cases. House Bill 19 (HB 19) amended the Texas Government Code and created a statewide…more

Appeals, Appellate Courts, Business Court, Business Court Division, Business Disputes

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FTC Announces Annual Jurisdictional Threshold Adjustments to HSR Act and Interlocking Directorates Under Section 8 of Clayton Act

On January 24, 2022, the Federal Trade Commission (“FTC”) published to the Federal Register the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”) merger-reporting thresholds for 2022. Each year, the FTC is…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Interlocking Directorate

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UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

See all updates »

Grab Your Shot: Supplemental H-2B Visas for Those Who Missed the Lottery

Amid the ever-evolving landscape of business and workforce dynamics, the recent buzz around the H-2B visa lottery has sent ripples of anticipation and concern through companies reliant on foreign workers. As immigration and…more

Foreign Nationals, Foreign Workers, H-2B, Hiring & Firing, Immigration Procedures

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No Vaccine, No Employment? Know Your State Law

The new Texas ban on vaccine mandates may be just the start. COVID-19 vaccination mandates have been the subject of litigation and the target of state legislation since the vaccines became readily available. While several…more

Anti-Retaliation Provisions, Coronavirus/COVID-19, Employees, Employer Mandates, Healthcare Facilities

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Sixth Circuit Allows Both Punitive Damages and Bad Faith Damages Against Insurance Company on Bad Faith Refusal to Pay

Recently, the United States Court of Appeals for the Sixth Circuit, in Lindenberg v. Jackson Nat’l Life Ins. Co., 912 F.3d 348 (6th Cir. 2018), ruled that a plaintiff may recover both bad faith damages and punitive damages…more

Bad Faith, Beneficiaries, Breach of Contract, Insurance Industry, Insurance Litigation

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You Received a “Notice of Data Security Incident” from the USPTO—Now What?

The United States Patent and Trademark Office (USPTO) recently issued a notice that a data security incident exposed domicile addresses of numerous trademark applicants who filed applications between February 2020 and March…more

Data Privacy, Data Protection, Data Security, Descriptive Trademarks, EU

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United States V. Arthrex: Inter Partes Review Decisions Now Reviewable by the PTO Director

On June 21, 2021, the Supreme Court issued its decision in United States v. Arthrex, which created a review process that gives the PTO Director the ability to independently review decisions rendered by Administrative Patent…more

Administrative Patent Judges, Appointments Clause, Arthrex Inc v Smith & Nephew Inc, Executive Branch, Executive Powers

See all updates »

Canadian Intellectual Property Fees on the Rise in 2024

On June 1, 2023, the Canadian Intellectual Property Office (CIPO) introduced amendments to fee schedules set out in the Patent Rules, Trademarks Regulations, Industrial Design Regulations, and Copyright Regulations and will take…more

Canada, Canadian Intellectual Property Office (CIPO), Copyright, Fees, Intellectual Property Protection

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Free Mickey? (Don’t Be Goofy)

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. That is because, as of the new year, one of the most famous cartoon characters in history – Mickey…more

Copyright, Copyright Expiration, Disney, Intellectual Property Protection, Public Domain

See all updates »

What Voter Approval of Recreational Marihuana Means for Municipalities

On November 6, Michigan voters approved Proposal 1, legalizing the use of marihuana by individuals 21 years of age and older. The legislation initiated by Proposal 1 will become effective 10 days after certification of the vote…more

Decriminalization of Marijuana, Marijuana, Marijuana Cultivation, Marijuana Related Businesses, Medical Marijuana

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The Effect on Trade Secret Protection by the Federal Trade Commission’s Proposed Ban on Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission (FTC) proposed a ban on non-compete agreements between an employer and its workers as an unfair method of competition. The FTC’s proposed ban is intended to promote competition…more

Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Proposed Rules, Restrictive Covenants

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Builders Beware: The Implied Warranty of Workmanship and Habitability Is Set in Stone

To protect homebuyers, Arizona law provides for certain warranties to be included in every contract. The most significant of those warranties, the implied warranty of workmanship and habitability, requires builders to construct…more

Construction Industry, Implied Warranties, Liability

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FTC Declares Employees Free from Most Noncompetes, But How Far Does the Ban Go and Will It Last?

During an Open Commission Meeting on April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 in favor of issuing the Noncompete Clause Rule (the “Final Rule”), which, with limited exceptions, makes it unlawful to enter…more

Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules

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DOJ Targets COVID Related Fraud

On March 10, 2022, the Department of Justice (“DOJ”) appointed a Director for COVID-19 Fraud Enforcement. As a part of this announcement, DOJ announced some of its priorities in Health Care Fraud enforcement. The priorities…more

Coronavirus/COVID-19, Department of Justice (DOJ), Fraud, Healthcare Fraud, Kickbacks

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COVID-19 Return-to-Work Checklist from a Canadian Employment Law Perspective

As workplaces across Canada begin to reopen in the midst of the COVID-19 pandemic, there are a number of considerations for employers and employees. Regard must be had to compliance with federal and provincial occupational…more

Canada, Coronavirus/COVID-19, Employer Responsibilities, Re-Opening Guidelines, Workplace Safety

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Nevada Supreme Court Rules In Favor Of Applying The “Savings Clause” In Enforcing Non-Competition Agreements

Many practitioners in Nevada had been operating under the assumption that the Nevada Supreme Court’s 2016 opinion in Golden Road Motor Inn, Inc. v. Islam, 132 Nev. 476, 376 P.3d 151 (2016) automatically rendered void and…more

Employees, Non-Compete Agreements, NV Supreme Court, Savings Clause

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UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

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SEC Provides Guidance to Broker-Dealers and Investment Advisers Regarding Examinations for Compliance with Regulation Best Interest and Form CRS

On April 7, 2020, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (“OCIE”) issued two risk alerts providing guidance to broker-dealers and investment advisers regarding forthcoming…more

Broker-Dealer, Disclosure Requirements, Form CRS, Investment Adviser, Regulation Best Interest

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Gaming & Hospitality Legal News: Volume 11, Number 2 - The More Things Change, The More They … Change: Recent Developments In Trade Secrets Protection And Non-Competition Law

Executive Summary and Takeaway: Trade secrets and confidential information are receiving increasing protection in many states, and as more states perceive this as a "business friendly" issue, this trend will continue and…more

Alternative Minimum Tax, Corporate Taxes, Defend Trade Secrets Act (DTSA), Employment Contract, Gaming

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Florida Loses Wetland Permitting Authority

In a landmark decision, a federal court has ruled against the Environmental Protection Agency (EPA) and U.S. Fish and Wildlife Service, determining that their approval of Florida’s takeover of the Clean Water Act wetlands…more

Clean Water Act, Endangered Species Act (ESA), Environmental Protection Agency (EPA), Florida, US Fish and Wildlife Service

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Bank Warning: Don’t Get Charged Millions for Processing Out-of-State Garnishments Improperly

I. Overview of Changes - On May 4, 2022, the Consumer Financial Protection Bureau (the “Bureau”) issued a Consent Order implicating how certain banking institutions must respond to Garnishment The Consent Order places the…more

Banking Sector, Banks, Financial Institutions, Garnishment

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Coronavirus Tax Relief: Treatment of Amounts Paid to Section 170(c) Organizations under Employer Leave-based Donation Programs to Aid Victims of the COVID-19 Pandemic

The Department of the Treasury and the Internal Revenue Service have extended the treatment provided in Notice 2020-46 to leave-based donation programs and cash payments in connection with such programs that are made to section…more

Coronavirus/COVID-19, Donations, Employees, Relief Measures, Tax Relief

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Sixth Circuit Announces Stricter Standard for Sending Notice in FLSA Collective Actions

A recent court opinion from the Sixth Circuit Court of Appeals clarified an important point of law concerning the Fair Labor Standards Act (“FLSA”), specifically what “showing … is necessary for a district court to facilitate…more

Collective Actions, Employer Liability Issues, Employment Litigation, Fair Labor Standards Act (FLSA), limitat

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The Difficulty of Defining a Disability—Anxiety

In today’s world, countless individuals suffer from anxiety in its various forms. According to the World Health Organization, in 2019, 301 million people in the world had an anxiety disorder, which makes anxiety disorders “the…more

Disabilities, Employees, Masks, Mental Health, Reasonable Accommodation

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Ontario Updates Director Residency Requirements

As of July 5, 2021, corporations incorporated under Ontario’s Business Corporations Act will no longer be required to have at least 25% of directors be resident Canadians. Effective July 5, 2021, subsection 118(3) of Ontario’s…more

Board of Directors, Business Corporation Act, Canada, Corporate Governance, Ontario

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United States V. Arthrex: Inter Partes Review Decisions Now Reviewable by the PTO Director

On June 21, 2021, the Supreme Court issued its decision in United States v. Arthrex, which created a review process that gives the PTO Director the ability to independently review decisions rendered by Administrative Patent…more

Administrative Patent Judges, Appointments Clause, Arthrex Inc v Smith & Nephew Inc, Executive Branch, Executive Powers

See all updates »

Federal Government to Create Massive New Database

Will you be required to submit an image of your driver’s license or passport for filing with the federal government? You will if you are involved in the ownership or operation of a business…more

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

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Trademark Applications Covering COVID-19 Related Goods and Services Can Skip the Line

Following last month’s launch of a program to expedite examination of patent applications related to prevention or treatment of COVID-19, as of June 16, 2020, the U.S. Patent and Trademark Office started also prioritizing the…more

Coronavirus/COVID-19, Food and Drug Administration (FDA), Pharmaceutical Patents, Trademark Application, Trademarks

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Title IX Update

It is now spring, and if you are an educational entity, it is now the season to begin preparations for summer professional development for the upcoming school year. So you may be wondering: 1) What is going on with Title IX? 2)…more

Department of Education, Educational Institutions, OIRA, Regulatory Oversight, Title IX

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COVID-19 and the World of Commercial Leases: Force Majeure and Related Common Law Doctrines

Given the ongoing COVID-19 crisis and the many stay-at-home orders, it is likely that many businesses have temporarily closed their physical doors because they do not operate an “essential business.” These businesses – whether…more

Commercial Leases, Coronavirus/COVID-19, Force Majeure Clause

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Canadian Patent Infringement: The Role of Non-Infringing Options in Profit Calculations and the Availability of Springboard Profits

The Supreme Court of Canada recently clarified the role of non-infringing options as well as springboard profits when calculating profits in patent infringement cases…more

Canada, Corporate Counsel, Dow Chemical, Intellectual Property Protection, Non-Infringing Alternatives (NIAs)

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Nonprofit Organizations and the Corporate Transparency Act

Effective as of January 1, 2024, the Corporate Transparency Act (“CTA”) requires most corporations, limited liability companies, and other registered entities to report Beneficial Ownership Information (“BOI”) to the U.S…more

Beneficial Owner, Charitable Trusts, Compliance, Corporate Transparency Act, FinCEN

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U.S. Supreme Court Splits the Baby as It Stays the Private Employer Vaccine or Test Mandate but Keeps the Healthcare Vaccine Mandate in Place

On January 13, 2022, the United States Supreme Court (“Court”) issued two critical decisions: one staying the OSHA ETS vaccine or test mandate, the second allowing the OSHA CMS vaccine mandate for healthcare facilities to move…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Healthcare Workers

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FinCEN Response to Order Entered Enjoining Corporate Transparency Act

As we previously reported here, on March 1, 2024, a United States District Court in Alabama entered an injunction against the United States, “permanently” enjoining the enforcement of the Corporate Transparency Act (the “CTA”)…more

Beneficial Owner, Compliance, Corporate Transparency Act, FinCEN, NSBA

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UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

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UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

See all updates »

Premium Processing Today: Answers to 5 Key Questions

On June 13, 2023, USCIS announced the latest phase of its effort to expand premium processing availability to those who are desperate to secure immigration status and related employment authorization for foreign national workers…more

Department of Labor (DOL), Employment Authorization Documents (EAD), Foreign Workers, Immigrants, Immigration Procedures

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Private Equity in Health Care: Answers to Industry Questions

Dickinson Wright Attorneys recently tackled some basic questions regarding private equity in health care during Dickinson Wright’s Health Law Summit. Below is a summary of what was discussed…more

Investment, Investors, Private Equity, Private Equity Funds, Purchase Agreement

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New OSHA Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (in Japanese)

In response to President Biden’s Executive Order requiring action to protect workers amid the COVID-19 pandemic, the Occupational Safety and Health Administration (“OSHA”) released a comprehensive new guidance document for…more

Coronavirus/COVID-19, Employer Responsibilities, OSHA, Reporting Requirements, Risk Mitigation

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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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$50 Million in Funding Available for Small Businesses in Tennessee

$50 MILLION IN FUNDING AVAILABLE FOR SMALL BUSINESSES IN TENNESSEE THROUGH SUPPLEMENTAL EMPLOYER RECOVERY GRANT PROGRAM - Tennessee Governor Bill Lee recently announced that the Supplemental Employer Recovery Grant ("SERG")…more

Business Interruption, Coronavirus/COVID-19, Governor Lee, Relief Measures, Small Business

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Michigan’s Earned Sick Time Act Is Out…At Least For Now

The wait is over – Michigan employers (and employment lawyers) now know that the Earned Sick Time Act and Improved Workforce Opportunity Wage Act, as originally proposed, will NOT go into effect on February 20, 2023…more

Earned Sick Time, Employer Liability Issues, Paid Leave, Sick Leave, Wage and Hour

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U.S. Department of Labor Signals Increased Focus on Protecting Against Retaliation

On March 10, 2022, the U.S. Department of Labor (DOL) and its Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2022-02 (FAB). FAB focused on retaliation against employees who assert rights under a broad array of…more

Department of Labor (DOL), Employer Liability Issues, Over-Time, Rest and Meal Break, Retaliation

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Michigan Court of Appeals Clarifies Application of the “Plain Error” Rule

One of the more well established appellate doctrines in Michigan is that a claim of error generally won’t be considered on appeal unless it is preserved in the trial court.  That isn’t necessarily the case in criminal appeals,…more

Appeals, Appellate Review, Criminal Prosecution, Plain Error

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Florida Loses Wetland Permitting Authority

In a landmark decision, a federal court has ruled against the Environmental Protection Agency (EPA) and U.S. Fish and Wildlife Service, determining that their approval of Florida’s takeover of the Clean Water Act wetlands…more

Clean Water Act, Endangered Species Act (ESA), Environmental Protection Agency (EPA), Florida, US Fish and Wildlife Service

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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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May I Have a Deduction, Please?

Recently released final regulations under section 162(f) of the Internal Revenue Code of 1986, as amended (the “Code”), make it a necessity to properly draft settlement agreements and court orders between a taxpayer and the…more

Deductions, Government Payments, Internal Revenue Code (IRC), Tax Deductions

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Two New Decisions Shed Light on When Claims Can (and Cannot) Be Commenced

If you ask most lawyers and potential litigants which issue causes them to lose the most sleep at night, the answer will most often be missing a limitation period. After all, no matter how much money is at stake in a lawsuit or…more

Appeals, Limitation Periods, Statute of Limitations

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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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IRS Agents Tighten the Thumb Screws on R&D Credit

Recent taxpayer experiences suggest that IRS agents are becoming more aggressive in denying taxpayer claims of research and development tax credits through narrow construction of the so-called “substantially all” test of Code §…more

IRS, Research and Development, Tax Credits

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Top Three Employment-Based USCIS Adjustment Of Status FAQS At The End Of Fiscal Year 2022

There is no denying that the COVID-19 pandemic continues to impact employment-based adjustment of status (AOS) applicants for legal permanent residence. For example, consular closures and limited immigrant visa processing…more

Immigrants, Immigration Procedures, USCIS, Visas

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A New Interstate Compact Is in Town: The Interstate Compact for Counselor Licensure.

One interstate compact you may not have heard of yet that could be very helpful for the behavioral health field is the Interstate Compact for Counselor Licensure. As of August 4, 2022, the Counselor Compact now has 17 members –…more

Health Care Providers, Interstate Compacts, Licensing Rules, Psychological Counseling

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Sixth Circuit Announces Stricter Standard for Sending Notice in FLSA Collective Actions

A recent court opinion from the Sixth Circuit Court of Appeals clarified an important point of law concerning the Fair Labor Standards Act (“FLSA”), specifically what “showing … is necessary for a district court to facilitate…more

Collective Actions, Employer Liability Issues, Employment Litigation, Fair Labor Standards Act (FLSA), limitat

See all updates »

Free Mickey? (Don’t Be Goofy)

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. That is because, as of the new year, one of the most famous cartoon characters in history – Mickey…more

Copyright, Copyright Expiration, Disney, Intellectual Property Protection, Public Domain

See all updates »

CSA Adopts “Access Equals Delivery Model” for Reporting Issuer Prospectuses

On January 11, 2024, the Canadian Securities Administrators (the “CSA”) published final amendments and changes to certain national instruments and companion policies (the “Amendments”). The Amendments provide for an optional…more

Canada, Canadian Securities Administration, Disclosure Requirements, Financial Services Industry, Investment Funds

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Managing the Risk of Events in a Post-COVID World: Three FAQs

As we look ahead to a post-COVID world, many are wondering how to make events safe, reduce liability, and implement contractual protections should an emergency arise. This blog highlights some frequently asked questions when…more

Coronavirus/COVID-19, Events, Force Majeure Clause, Infectious Diseases, Risk Management

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FTC Bans BetterHelp, Inc. From Revealing Consumers’ Sensitive Health Data to Third Parties for Advertising

The practice of turning over our personal data to online platforms is nothing new and, some may argue, a routine practice of using the Internet today. A survey by the Pew Research Internet Project reveals that roughly six-in-ten…more

Advertising, Federal Trade Commission (FTC), Investigations, Personal Data

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Third Party Determinations in Michigan

Contracting parties sometimes agree to designate a third-party to make determinations relating to their agreement. The Michigan Court of Appeals recently issued an opinion explaining the rules and consequences of third-party…more

Appraisal, Shareholders, Valuation

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[Webinar] The Ins, Outs, and No-Nos in Negotiating Physician Employment Agreements - November 30th, 2:00 pm - 3:00 pm EST

Join us for an exclusive webinar, "The Ins, Outs and No-Nos in Negotiating Physician Employment Agreements." Designed for officers of physician and other practice groups, their advisors, accountants, and potential professional…more

Contract Negotiations, Employment Contract, Fraud and Abuse, Hiring & Firing, Physicians

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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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Plugged In: An EV Newsletter Vol. 2, No. 4

Welcome to this month's edition of Plugged In. In this issue, we focus on the complex challenges facing electric utilities in addressing the critical need to adequately generate and transmit electricity to power the…more

Automotive Industry, Charging Stations, Electric Vehicles, Electricity, Energy Sector

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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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Understanding the CSA’s Proposed Shelf Prospectus Regime for Well-Known Seasoned Issuers

On September 21, 2023, the Canadian Securities Administrators (the “CSA”) published proposed amendments to National Instrument 44-102 Shelf Distributions (“NI 44-102”) as well as to certain other rules and policies in connection…more

Canada, Canadian Securities Administration, Disclosure Requirements, Proposed Amendments, Securities Regulation

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Graduated GRATs

One traditional estate planning technique that has become increasingly popular in recent months is the Grantor Retained Annuity Trust (GRAT). Simply stated, a GRAT is an irrevocable trust where the grantor contributes property…more

Gift Tax, Grantor Retained Annuity Trusts (GRATs), Grantors, Transfer Taxes

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UPDATED: Gaming & Hospitality Legal News, Volume 12, Number 15: Gaming in the Biden Administration - What to Expect Next

Nobody has been able to predict anything about 2020, including the results of the 2020 U.S. elections (although many tried - more than $1 billion in foreign wagers were placed on the outcome of the Presidential race). In the…more

Biden Administration, Casinos, Fantasy Sports, Gaming, Hospitality Industry

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DOL Withdraws Trump-Era Independent Contractor Rule

Two weeks before former President Trump left office, the U.S. Department of Labor (DOL) published a final rule establishing an independent contractor status test under the Fair Labor Standards Act (FLSA).  The Trump-era rule was…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Fair Labor Standards Act (FLSA), Independent Contractors

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Bank Warning: Don’t Get Charged Millions for Processing Out-of-State Garnishments Improperly

I. Overview of Changes - On May 4, 2022, the Consumer Financial Protection Bureau (the “Bureau”) issued a Consent Order implicating how certain banking institutions must respond to Garnishment The Consent Order places the…more

Banking Sector, Banks, Financial Institutions, Garnishment

See all updates »

Corporate Transparency Act Questionnaire | 企業透明性法のアンケートのお知らせ

As we reported in August 2023, the Corporate Transparency Act (the “CTA”) will become effective on January 1, 2024. For the first time, the United States government will require certain U.S. business entities and foreign…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act, FinCEN

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Ohio Voters May Legalize Recreational Marijuana Use for Adults

Between October 11 and November 7, 2023, Ohio voters will decide whether to approve Issue 2 – a voter-initiated law “To Commercialize, Regulate, Legalize and Tax the Adult Use of Cannabis.” A simple majority vote would permit…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries

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Plugged In: An EV Newsletter Vol 1 No 6

This is the sixth edition of Plugged-In, our monthly EV newsletter. In the last six months, we have covered multiple topics such as the United States’ decoupling agenda from China (and how that may not work in the short-term),…more

Automotive Industry, Electric Vehicles, Ford Motor, Foreign Workers, Highly-Skilled Workers Visa

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Managing Uncertainty Through Financial Crisis Requires Proactive Guidance

The COVID-19 situation has already had a significant effect on the economy, and it will no doubt continue to do so. Almost every type of business is likely to experience some form of financial upheaval. We simply cannot have a…more

Business Continuity Plans, Coronavirus/COVID-19

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Avoid the Year-End Rush – 5 Proactive 401(k) Plan Administrative Steps to Take Now

Anyone responsible for the administration of a 401(k) retirement plan probably has a “to-do” list that never ends. For example, as soon as a plan administrator files the Annual Report Form 5500 for the prior year, it is time to…more

401k, Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA), Open Enrollment

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May 31, 2021 Notice Deadline Approaching for New COBRA Subsidy Relief

The American Rescue Plan Act of 2021 (“ARP”) includes a 100% COBRA temporary subsidy for certain eligible individuals (“Assistance Eligible Individuals”) who lost health care coverage due to an involuntary termination of…more

American Rescue Plan Act of 2021, COBRA, Deadlines, Employee Benefits, Subsidies

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COVID-19 Guidance and Resources

1. OVERVIEW - The impact of COVID-19 is changing at a rapid pace. The outbreak of the 2019 Novel Coronavirus disease (“COVID-19”) which originated in Wuhan, China, has rapidly spread throughout the world, including Canada and…more

Commercial Leases, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

See all updates »

You Received a “Notice of Data Security Incident” from the USPTO—Now What?

The United States Patent and Trademark Office (USPTO) recently issued a notice that a data security incident exposed domicile addresses of numerous trademark applicants who filed applications between February 2020 and March…more

Data Privacy, Data Protection, Data Security, Descriptive Trademarks, EU

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 »

Mastering Retirement Plan Forfeitures: A Deep Dive into IRS’s 2023 Proposals & Fiduciary Litigation Trends

When a participant terminates employment without being fully vested in their qualified retirement plan account, the non-vested portion of the account is a “forfeiture.” While forfeitures are a common element of most retirement…more

401k, Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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August 31 Deadline Looming for Coronavirus Related Return of Required Minimum Distributions

The IRS this week issued Information Release 2020-187 to remind IRA owners and beneficiaries, as well as participants in workplace retirement arrangements, that they have until August 31 to return required minimum distributions…more

CARES Act, Coronavirus/COVID-19, Individual Retirement Account (IRA), IRS, Required Minimum Distributions

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An Alternative to 1031 Exchanges

IRC § 1400Z-2, under The Tax Cuts and Jobs Act of 2017, established an investment program designed to provide preferential tax treatment for investment in developments located within certain designated economically distressed…more

Capital Gains, Community Development, Investment Opportunities, Opportunity Zones, Qualified Opportunity Funds

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IRS Grants Relief for 2020 RMDs

The IRS recently granted additional relief for retirement account owners due to Covid-19. Generally, when a person attains age 72 (previously age 70 ½) that person is required to begin taking required minimum distributions…more

Coronavirus/COVID-19, IRS, Popular, Relief Measures, Required Minimum Distributions

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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, Employee Retirement Income Security Act (ERISA), Health Care Providers, Health Insurance, Insurance Litigation

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The SALT Cap and State Taxation of Pass-Through Entities

Among the many significant changes in the 2017 Tax Cut and Jobs Act (TCJA), individual taxpayers’ deductions for state and local taxes (SALT deductions) on federal Form 1040 Schedule A were capped at $10,000 ($5,000 for married…more

Income Taxes, Property Tax, SALT, State Taxes, Tax Cuts and Jobs Act

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Treasury Releases Proposed Regulations on Opportunity Zones

Background - The Tax Cut and Jobs Act of 2017 (TCJA) created a new economic development tool designed to assist low-income communities which are designated as Qualified Opportunity Zones (QOZs)…more

Capital Gains, Community Development, Economic Development, Internal Revenue Code (IRC), Investment Funds

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Corporate Transparency Act Questionnaire | 企業透明性法のアンケートのお知らせ

As we reported in August 2023, the Corporate Transparency Act (the “CTA”) will become effective on January 1, 2024. For the first time, the United States government will require certain U.S. business entities and foreign…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act, FinCEN

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FinCEN Appeals Order Enjoining Corporate Transparency Act

By now, you are probably familiar with the Corporate Transparency Act (the CTA). Dickinson Wright has reviewed this topic several times, most comprehensively here. The CTA, which was adopted in 2021 and became effective as of…more

Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, Enforcement, FinCEN

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Statutory Limitations on Public Records Requests: Lessons from Audit-USA v. Maricopa County

In February 2023, the Arizona Court of Appeals issued an opinion in Audit-USA v. Maricopa County, 525 P.3d 279 (Ariz. App. 2023) [CA-CV 22-0254], addressing the fundamentals of Arizona’s public records laws…more

Ballots, Public Records, Request for Production, Statute of Limitations

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The DOL to Bring Back the 80/20 Rule for Tipped Employees with an Additional 30-Minute Rule

In an effort to “undo” the Department of Labor’s (“DOL”) actions under the Trump administration, on June 23, 2021, the agency published a Notice of Proposed Rulemaking (“NPRM”), revising how it will regulate the minimum wage pay…more

Department of Labor (DOL), Employer Responsibilities, Fair Labor Standards Act (FLSA), Minimum Wage, NPRM

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Patenting with Artificial Inventors

Guidance on using AI to Invent - Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Court precedent and the United States…more

Artificial Intelligence, Copyright, Intellectual Property Protection, Inventions, Inventors

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How to Avoid Copyright Infringement of Online Image

Are you at risk for huge losses? Are you using images on your website that you clipped from the Internet? Do you know for sure? Did you leave these decisions to your webmaster? Are you certain you have the rights to use these…more

Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Protection, Photographs

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A New Era of Maternity Rights: Understanding the PWFA and the PUMP Act

Within the past year, the rights of pregnant workers have considerably increased within the workplace. The expansion started with the Pregnant Workers Fairness Act (“PWFA”), which President Biden signed into law in late 2022…more

Breastfeeding, Employee Rights, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), Pregnancy

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Managing Uncertainty Through Financial Crisis Requires Proactive Guidance

The COVID-19 situation has already had a significant effect on the economy, and it will no doubt continue to do so. Almost every type of business is likely to experience some form of financial upheaval. We simply cannot have a…more

Business Continuity Plans, Coronavirus/COVID-19

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The 6th Circuit Clarifies Retaliation Under the FMLA

On January 25, 2023, the United States Court of Appeals for the Sixth Circuit held that an employee’s notice of need for leave, regardless of whether the employee was ultimately entitled to the leave, was protected conduct under…more

Employee Benefits, Employees, Employer Liability Issues, Employment Litigation, Employment Policies

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Advocacy in Arbitration: 5 Tips from an Arbitrator on How to Present Your Case

I used to think that judges had it so easy. That all they had to do was read the briefs, listen to the arguments, and make a decision. Only after I started serving as an arbitrator did I understand how hard it is to be the one…more

Arbitration, Arbitration Agreements, Client Services, Litigation Strategies, Trial Practice Guidance

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U.S. Marketing Materials Can and Will Be Used Against You in a Canadian Court

Health Canada determined that Texas-based LE-VEL BRANDS, LLC (“Le-Vel”), broke the law by selling its weight loss products to Canadians without seeking product licenses for their natural health products. The products had been…more

Canada, Health Canada, Health Claims, Marketing

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A Seller’s Guide to Navigating Intellectual Property Law on Amazon

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Amazon sellers must understand the major forms of intellectual property…more

Amazon Marketplace, Competition, Copyright, Copyright Infringement, E-Commerce

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Managing Uncertainty Through Financial Crisis Requires Proactive Guidance

The COVID-19 situation has already had a significant effect on the economy, and it will no doubt continue to do so. Almost every type of business is likely to experience some form of financial upheaval. We simply cannot have a…more

Business Continuity Plans, Coronavirus/COVID-19

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Growing Pains: Cultivating Effective Workplace Policies in a Recreational Cannabis State

With the November 7 passage of Issue 2, effective December 7, 2023, Ohioans will be able to purchase and possess up to 2.5 ounces of cannabis and grow marijuana plants in their home. Ohio is the 24th state to allow recreational…more

Compliance, Decriminalization of Marijuana, Drug Testing, Employee Training, Employment Policies

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A Realistic Survival Option For Small Businesses – Relief Under The Small Business Reorganization Act

No one can yet predict the overall effect the COVID-19 pandemic will have on the economy in the long run. However, the immediate impact on small businesses seems readily apparent. The dramatic disruption has impeded cash flow…more

CARES Act, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19, Creditors

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UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

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Leveraging Tenant Estoppel Certificates in Commercial Real Estate Deals

In evaluating the feasibility and profitability of a potential investment, it’s crucial for a prudent buyer to conduct a comprehensive review of all property leases. Such an examination allows the buyer to verify the property’s…more

Buyers, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Estoppel Certificates

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Doobie-ous Competition: How a Cannabis Company Can Use Employment Agreements to Protect Intellectual Property

In our prior posts, we discussed the two issues that should be at the forefront of any branding strategy: In this post, we briefly discuss how cannabis businesses can implement employment agreements to further protect their…more

Brand, Cannabidiol (CBD) oil, Cannabis Products, Cannabis-Related Businesses (CRBs), Employment Contract

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States Relax COVID-19 Restrictions on Businesses as Summer Approaches

With summer approaching and vaccination numbers surging, the United States’ population appears more than ready to return to normalcy after over a year of COVID-19 lockdown.  However, while citizens and businesses alike clamor…more

Coronavirus/COVID-19, Corporate Counsel, Health and Safety, Masks, Public Gatherings

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Federal Trade Commission Proposes Rule to Ban Non-Compete Clauses | 联邦贸易委员会提议禁止竞业禁止条款

On January 5, 2023, the Federal Trade Commission (“FTC”) issued a notice of proposed rulemaking (“NPRM”) to ban the use of non-compete clauses with all workers. Although not yet enforceable, the proposed rule marks a dramatic…more

Comment Period, Contract Terms, Employment Contract, Federal Trade Commission (FTC), FTC Act

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New Filing Requirements for Canadian Federal Corporations

Effective January 22, 2024, all federally incorporated companies must file information on “individuals with significant control” (“ISC”) pursuant to new requirements under the Canada Business Corporation Act (the “CBCA”). This…more

Beneficial Owner, Canada, CBCA, Corporate Governance, Filing Requirements

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The Who, What, Why, and How of NFTs, the Metaverse, and IP

Recently, Jennifer Ko Craft (Member, Las Vegas) and John Krieger (Member, Las Vegas) presented at ACC Nevada’s monthly virtual CLE webinar on “The Who, What, Why, and How of NFTs, the Metaverse, and IP.” They discussed the…more

Blockchain, Copyright, Digital Assets, Intellectual Property Protection, Non-Fungible Tokens (NFTs)

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Electronic Corporate Filings and Virtual Shareholder Meetings for Ontario Corporations

On May 12, 2020, Bill 190 (the “Bill”) received royal assent, providing temporary and necessary relief to Ontario businesses to permit corporations to conduct virtual meetings, (regardless of inconsistent provisions in corporate…more

Canada, E-Filing, Virtual Meetings

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Are My Employees Telecommuting Right into a New State Income Tax Liability?

A phenomenon of the ongoing COVID-19 healthcare pandemic is the exponential expansion of telecommuting. Whether stemming from an epiphany or simply the opportunity to escape to a more appealing place to live, many members of the…more

Coronavirus/COVID-19, Income Taxes, Remote Working, State Taxes, Telecommuting

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Plugged In: An EV Newsletter Vol. 2, No. 2

Editor’s Note - Dear Readers, Our collaboration with guest authors continues to ramp up, this time with an author from half way around the world! Welcome to yet another enthralling edition of Plugged-In, where we hear from…more

Automotive Industry, Batteries, Charging Stations, Electric Vehicles, Manufacturers

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SBA Guidance on PPP Borrowers: Transfers of Equity and Assets

On Friday, October 2, 2020, the Small Business Administration (“SBA”) issued a Procedural Notice setting out the required procedures for companies pursuing certain equity or asset purchases or sales, or other transfers, who have…more

Borrowers, Change of Ownership, Lenders, Loan Forgiveness, Paycheck Protection Program (PPP)

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UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

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Amendments to the Arthur Wishart Act, 2000

On July 16, 2020, the government of Ontario announced that amendments to the Arthur Wishart Act (Franchise Disclosure), 2020 (the “Act”) and to its General Regulation (the “Regulation”) will be brought into force on September 1,…more

Canada, Confidentiality Agreements, Disclosure Requirements, Franchisee, Franchises

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COVID-19 Guidance and Resources

1. OVERVIEW - The impact of COVID-19 is changing at a rapid pace. The outbreak of the 2019 Novel Coronavirus disease (“COVID-19”) which originated in Wuhan, China, has rapidly spread throughout the world, including Canada and…more

Commercial Leases, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

See all updates »

Managing Uncertainty Through Financial Crisis Requires Proactive Guidance

The COVID-19 situation has already had a significant effect on the economy, and it will no doubt continue to do so. Almost every type of business is likely to experience some form of financial upheaval. We simply cannot have a…more

Business Continuity Plans, Coronavirus/COVID-19

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[Webinar] Key Immigration Takeaways for Health Care Professionals: H-1B, J-1, and Conrad/National Interest Waivers - October 19th, 2:00 pm - 3:00 pm EDT

Join us for an exciting and informative webinar, "Key Immigration Takeaways for Health Care Professionals: H-1B, J-1, and Conrad/National Interest Waivers" This one-hour webinar is specifically designed for Human Resources…more

Conrad 30 Waiver, Dentists, H-1B, Health Care Providers, Healthcare Workers

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Bill C-208: Intergenerational Business Transfers

On June 29, 2021, Bill C-208 was granted Royal Assent and became law in Canada.  Bill C-208 amended the Income Tax Act (Canada) (the “Act”) to provide tax relief to families wishing to transfer shares of small business…more

Canada, Income Taxes, Tax Planning

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Sub-par Claim: Franchisee’s Beef With Supplier Leaves Bad Taste

Highlights - In general, a supplier’s obligation is to ensure the safety of its goods to the end consumer. A supplier does not owe a duty of care to other commercial parties in a supply chain…more

Contract Terms, Duty of Care, Franchisee, Franchises, Franchisors

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When Can My Child Decide Which Parent to Live with After the Divorce?

In Arizona, a child can decide which parent to live with after their parent’s divorce only when the child reaches his or her 18th birthday. At this age, when the child is no longer a minor, the Court loses jurisdiction over the…more

Child Custody, Co-Parenting, Divorce, Parenting Plans, Spouses

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Top Issues in Negotiating Physician Employment Agreements

Originally published in Healthcare Michigan, Volume 40,  No. 12 - Successful negotiation of physician employment agreements requires a careful balance of the objectives of the prospective employer with those of the prospective…more

Anti-Kickback Statute, Employee Benefits, Health Care Providers, Healthcare Workers, Physicians

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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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Operators, Start Your Engines; But Beware of Sanctions

Less than a month has passed since the launch of the regulated iGaming market in Ontario, and the Ontario regulator has already handed down its first pair of penalties. On Tuesday, May 3, 2022, the Alcohol and Gaming Commission…more

Canada, Gaming, Gaming Commissions, Ontario

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COVID-19 Guidance and Resources

1. OVERVIEW - The impact of COVID-19 is changing at a rapid pace. The outbreak of the 2019 Novel Coronavirus disease (“COVID-19”) which originated in Wuhan, China, has rapidly spread throughout the world, including Canada and…more

Commercial Leases, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

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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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COVID-19 and Its Impact on Performance of Commercial Leases: A Review of Force Majeure, Impossibility of Performance, and Frustration of Purpose

As COVID-19 spreads throughout the United States and governors issue “shelter-in-place” orders and mandate the closure of non-essential businesses, landlords and tenants have encountered new and evolving challenges in meeting…more

Commercial Contracts, Commercial Leases, Commercial Real Estate Market, Contract Terms, Coronavirus/COVID-19

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Don’t Forget Your Charitable Contributions

The CARES Act made a number of well publicized revisions to the tax code, including as to the payment of employee wages and the deduction of interest and net operating losses. Perhaps lesser known are the revisions in the CARES…more

CARES Act, Charitable Deductions, Charitable Donations, Tax Deductions

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What Business Leaders Need to Know About the Latest Emerging Contaminants: PFAS/PFOA

Over the last several months, media reports on the next set of emerging contaminants, per- and polyfluoroalkyl PFAS/PFOA have exploded. But what does this latest environmental concern have to do with your business? This short…more

Contamination, Drinking Water, Groundwater, Hazardous Substances, PFAS

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Michigan Supreme Court Decision – A Reminder on Requirements Contracts

Michigan law requires contracts for the sale of goods worth $1,000 or more to be in writing and provide a quantity term. On July 11, 2023, the Michigan Supreme Court ruled in MSSC, Inc. v. Airboss Flexible Products Co. (Docket…more

Automotive Industry, Buyers, Consumer Contracts, Contract Terms, Goods or Services

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IRS Independent Office of Appeals

When dealing with the Internal Revenue Service during the initial stages of a tax case, whether it involves an audit, collection issue, request for penalty relief, or a proposed plan of resolution such as an Offer In Compromise,…more

Audits, IRS, TEFRA

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Plugged In: An EV Newsletter, Vol. 1 No. 1

GM and Microvast recently announced a collaboration to develop a new separator technology using intellectual property contributions from both companies, including a coating technology developed in GM’s Research & Development…more

Automotive Industry, Batteries, Electric Vehicles, Lithium Batteries, Manufacturers

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Tax Court Rules Against Cannabis Dispensary

In Patients Mutual Assistance Collective Corporation (dba Harborside Health Center) v. Comm’r, 151 T.C. No. 11, the Tax Court held, among other things, that a California medical-marijuana dispensary that was also involved in (i)…more

Controlled Substances Act, Dispensaries, Marijuana, Marijuana Related Businesses, Medical Marijuana

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Is Your HR Department Aware of the Latest EEOC Priorities?

Periodically, the EEOC (Equal Employment Opportunity Commission) lets us know what to watch out for. On September 21, the EEOC released its Strategic Enforcement Plan for years 2024-2028 (“SEP”), which tells us where the federal…more

Anti-Discrimination Policies, Artificial Intelligence, Bias, Employer Liability Issues, Employment Discrimination

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Ohio Extends Clean Energy “Payment in Lieu of Tax” Program for Four Additional Years

Legislature Adds Flexibility on In-State Workforce Requirement - On June 30, 2023, the Ohio General Assembly passed the state operating budget (HB 33), which contains a 4-year extension of the Payment in Lieu of Tax (PILOT)…more

Clean Energy, Electricity, Energy Projects, Energy Sector, Renewable Energy

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CSA Adopts “Access Equals Delivery Model” for Reporting Issuer Prospectuses

On January 11, 2024, the Canadian Securities Administrators (the “CSA”) published final amendments and changes to certain national instruments and companion policies (the “Amendments”). The Amendments provide for an optional…more

Canada, Canadian Securities Administration, Disclosure Requirements, Financial Services Industry, Investment Funds

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Bullying and Legal Ethics: A Warning from Singh v Braich

In the legal world, mutual respect between counsel and adherence to professional standards are not just niceties – they are the cornerstone of a functional and effective justice system. A recent case, Singh v Braich, provides a…more

Bullying, Ethics, Federal Rules of Civil Procedure, Professional Responsibility, Rules of Professional Conduct

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Right-to-Repair Orders Issued by Federal Trade Commission

The Federal Trade Commission (“FTC”) has shifted its attention to repair restrictions. We had a head’s up that the decade-long hiatus was ending. In its July 2021 policy statement and May 2021 report to Congress, the FTC made…more

Federal Trade Commission (FTC), Magnuson-Moss Act, Manufacturers, Right to Repair, Warranties

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Defending Against an Order of Protection: Five Points to Consider Before Requesting a Hearing in Arizona

You and your spouse have commenced divorce proceedings and are in the process of negotiating an appropriate parenting time schedule for your children…more

Divorce, Parenting Plans, Parenting Time, Spouses

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Recap of TikTok Forced Sale Bid Embroils ByteDance’s Vast Patent Trove

In a recent article on BloombergLaw.com titled “TikTok Forced Sale Bid Embroils ByteDance’s Vast Patent Trove,” the spotlight is on ByteDance’s formidable patent portfolio, which poses a significant challenge to any mandated…more

Buyers, Divestment, Intellectual Property Protection, Licenses, Parent Corporation

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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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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, International Trade Commission (ITC)

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Avoiding the Storm of Excessive Fee Litigation: How Fiduciaries of ERISA Health Plans Can Get Ahead of the Weather

For some group health plan fiduciaries, there could be a storm brewing. Changes to the Employee Retirement Income Security Act of 1974 (“ERISA”), buried within the 5,593 pages of the Consolidated Appropriations Act, 2021…more

Consolidated Appropriations Act (CAA), Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Excessive Fees

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Why Establish a Fiduciary Committee for Welfare Benefit Plans?

Many plan sponsors have read about the lawsuit filed against Johnson & Johnson alleging that it breached its fiduciary duties with regard to the prescription drug component of its group health plan, causing participants to…more

Benefit Plan Sponsors, Breach of Duty, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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Five Ways The 2023 Medicare Physician Fee Schedule Is Promoting Behavioral Health And Whole-Person Care

On November 1, 2022, the Centers for Medicare & Medicaid (CMS) under the United States Department of Health and Human Services (HHS) finalized changes that are projected to significantly expand access to behavioral health care…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Medicare, Physician Fee Schedule

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Protecting Small Business Act 2020

As of June 18th, Bill 192, Protecting Small Business Act, 2020 (the “Act”) received royal assent and came into force. The Act is an amendment to the Commercial Tenancies Act of Ontario (the “CTA”) and introduces prohibitions on…more

Canada, Commercial Tenants, Coronavirus/COVID-19, Landlords, Relief Measures

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Introducing USCIS’s New Online Organizational Account

In February 2024, United States Citizenship and Immigration Services (“USCIS”) launched its new online Organizational Account, which allows for the online filing of H-1B petitions and enhances collaboration between clients and…more

E-Filing, Foreign Workers, H-1B, Immigration Procedures, Lottery

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Michigan Court of Appeals Strikes State PFAS Drinking Water Standards

On August 22, 2023, a split panel of the Michigan Court of Appeals held that the Department of Environment, Great Lakes, and Energy (EGLE) violated the Administrative Procedures Act (APA) by promulgating a new rule establishing…more

3M Company, Administrative Procedure Act, Drinking Water, Environmental Impact Statements, Environmental Policies

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UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

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Copyright Office Response to COVID-19 Pandemic

KEY TAKEAWAYS - The CARES Act provides the Copyright Office with temporary authority to extend certain filing deadlines and procedural requirements in light of the COVID-19 pandemic. In conjunction with Section 710 of the…more

CARES Act, Copyright, Copyright Office, Copyright Registration, Coronavirus/COVID-19

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Trademark Modernization Act—What New and Upcoming Changes Could Mean for Your Trademarks

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Among other things, the TMA created new procedures for challenging pending applications and registrations and updated several rules relating to…more

Corporate Counsel, Expungement, Intellectual Property Protection, Trademark Application, Trademark Cancellation

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Managing Uncertainty Through Financial Crisis Requires Proactive Guidance

The COVID-19 situation has already had a significant effect on the economy, and it will no doubt continue to do so. Almost every type of business is likely to experience some form of financial upheaval. We simply cannot have a…more

Business Continuity Plans, Coronavirus/COVID-19

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Ohio Supreme Court Unanimously Affirms Siting Board Certificate for New Wind Farm

Emerson Creek project in Huron and Erie Counties Now Expected to Move to Construction - On July 27, 2023, the Supreme Court of Ohio, in a 7-0 decision, affirmed the Ohio Power Siting Board (“Board”)’s decision to issue a…more

Endangered Species, Energy Projects, Environmental Policies, Infrastructure, ODNR

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Nonprofit Organizations and the Corporate Transparency Act

Effective as of January 1, 2024, the Corporate Transparency Act (“CTA”) requires most corporations, limited liability companies, and other registered entities to report Beneficial Ownership Information (“BOI”) to the U.S…more

Beneficial Owner, Charitable Trusts, Compliance, Corporate Transparency Act, FinCEN

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Post-COVID Opportunities and Legal Considerations to Franchise Resale

It would be difficult to find any person or business that has not been affected by COVID-19. Over the last few months, most states have issued “stay at home,” “shelter-in-place,” and other similar orders. Businesses all over the…more

Business Closures, Business Interruption, Coronavirus/COVID-19

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CSA Adopts “Access Equals Delivery Model” for Reporting Issuer Prospectuses

On January 11, 2024, the Canadian Securities Administrators (the “CSA”) published final amendments and changes to certain national instruments and companion policies (the “Amendments”). The Amendments provide for an optional…more

Canada, Canadian Securities Administration, Disclosure Requirements, Financial Services Industry, Investment Funds

See all updates »

Managing Uncertainty Through Financial Crisis Requires Proactive Guidance

The COVID-19 situation has already had a significant effect on the economy, and it will no doubt continue to do so. Almost every type of business is likely to experience some form of financial upheaval. We simply cannot have a…more

Business Continuity Plans, Coronavirus/COVID-19

See all updates »

[Webinar] First Annual Health Law Virtual Summit - November 4th - 5th, 11:00 am - 3:00 pm ET

From new fraud and abuse rules, to telehealth and tax legislation to health care privacy and private equity in the healthcare space, a lot has changed in health law over the past year. Please join us for a two-day virtual…more

Anti-Kickback Statute, Continuing Legal Education, Coronavirus/COVID-19, Data Privacy, Data Security

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Ohio Voters May Legalize Recreational Marijuana Use for Adults

Between October 11 and November 7, 2023, Ohio voters will decide whether to approve Issue 2 – a voter-initiated law “To Commercialize, Regulate, Legalize and Tax the Adult Use of Cannabis.” A simple majority vote would permit…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries

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Ohio Extends Clean Energy “Payment in Lieu of Tax” Program for Four Additional Years

Legislature Adds Flexibility on In-State Workforce Requirement - On June 30, 2023, the Ohio General Assembly passed the state operating budget (HB 33), which contains a 4-year extension of the Payment in Lieu of Tax (PILOT)…more

Clean Energy, Electricity, Energy Projects, Energy Sector, Renewable Energy

See all updates »

Right-to-Repair Orders Issued by Federal Trade Commission

The Federal Trade Commission (“FTC”) has shifted its attention to repair restrictions. We had a head’s up that the decade-long hiatus was ending. In its July 2021 policy statement and May 2021 report to Congress, the FTC made…more

Federal Trade Commission (FTC), Magnuson-Moss Act, Manufacturers, Right to Repair, Warranties

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Dissent Rights and Shareholder Agreements – New Ruling Provides Guidance

Dissent rights, entrenched in most provincial corporate statutes, grant shareholders the power to contest significant corporate changes and compel the corporation to repurchase their shares at a fair market value. Central to the…more

Canada, Dissenters Rights, Holding Companies, Shareholders, Shareholders' Agreements

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Canada Sanctions Iranian Officials for ‘Systematic Human Rights Violations’

Introduction - On October 3, 2022, the Honourable Melanie Joly, Canada’s Minister of Foreign Affairs, announced that Canada was imposing sanctions on 25 Iranian officials and 9 Iranian entities/organizations that are directly…more

Canada, Economic Sanctions, Foreign Relations, Human Rights, Iran

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Double Patenting in Canada

Similar to other jurisdictions, a patent in Canada is granted for one invention only. Accordingly, in instances where multiple inventions are claimed in a single application, it may be necessary to parse out the inventions and…more

Canada, Double Patent, Intellectual Property Protection, Inventions, Patents

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Why Katy Perry’s “Roar” Can Be Powerful Against Narcissistic Abuse

It is very likely you know someone who exhibits narcissistic tendencies. The person who feels they are always right, lacks empathy for others, and is obsessed with power and control. Most of the time, we can ignore those…more

Abuse and Neglect, Dissolution, Divorce, Family Law Courts, Mental Health

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Canadian Patent Infringement: The Role of Non-Infringing Options in Profit Calculations and the Availability of Springboard Profits

The Supreme Court of Canada recently clarified the role of non-infringing options as well as springboard profits when calculating profits in patent infringement cases…more

Canada, Corporate Counsel, Dow Chemical, Intellectual Property Protection, Non-Infringing Alternatives (NIAs)

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Managing Uncertainty Through Financial Crisis Requires Proactive Guidance

The COVID-19 situation has already had a significant effect on the economy, and it will no doubt continue to do so. Almost every type of business is likely to experience some form of financial upheaval. We simply cannot have a…more

Business Continuity Plans, Coronavirus/COVID-19

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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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Plugged In: An EV Newsletter, Vol. 1 No. 1

GM and Microvast recently announced a collaboration to develop a new separator technology using intellectual property contributions from both companies, including a coating technology developed in GM’s Research & Development…more

Automotive Industry, Batteries, Electric Vehicles, Lithium Batteries, Manufacturers

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New Filing Requirements for Canadian Federal Corporations

Effective January 22, 2024, all federally incorporated companies must file information on “individuals with significant control” (“ISC”) pursuant to new requirements under the Canada Business Corporation Act (the “CBCA”). This…more

Beneficial Owner, Canada, CBCA, Corporate Governance, Filing Requirements

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UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

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Arizona PROP 208 – Big Tax Increase Possible in Arizona

On the ballot in Arizona this November is Proposition 208 (the “Proposition”). Proponents assert it will benefit students in public schools. Critics warn it sends most of the increased income tax revenue it generates into the…more

Ballots, Business Taxes, Income Taxes, Public Schools, Tax Cuts and Jobs Act

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Bullying and Legal Ethics: A Warning from Singh v Braich

In the legal world, mutual respect between counsel and adherence to professional standards are not just niceties – they are the cornerstone of a functional and effective justice system. A recent case, Singh v Braich, provides a…more

Bullying, Ethics, Federal Rules of Civil Procedure, Professional Responsibility, Rules of Professional Conduct

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Ontario Updates Director Residency Requirements

As of July 5, 2021, corporations incorporated under Ontario’s Business Corporations Act will no longer be required to have at least 25% of directors be resident Canadians. Effective July 5, 2021, subsection 118(3) of Ontario’s…more

Board of Directors, Business Corporation Act, Canada, Corporate Governance, Ontario

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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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“But it’s legal in Michigan, so it can’t be used against me…right?” – Marijuana use in custody and parenting time matters.

In case you live under a rock, marijuana is legal in Michigan for both medicinal and recreational use. However, a stigma remains around marijuana use and the user that continues to evolve…more

Child Custody, Marijuana, Parenting Time

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How to Screw up a Good Thing – What the Financial Industry Should Consider in the Wake of Credit Suisse

Having had a front-row seat in the last banking crisis in 2008/9, one of the lessons that I thought everyone learned was the need for stable and consistent regulations regarding bank capitalization…more

Banking Crisis, Banks, Capital Requirements, Capital Rules, Credit Suisse

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The "Secrets" of Long-Term Marriage

I recently had lunch with a non-lawyer friend who, like me, has been married over 30 years (34 years for me; 31 for him). He was having some doubts about long-term marriage and found it odd that a divorce attorney (like me)…more

Marriage, Spouses

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Contractors: Are You Protected From The Coronavirus Infecting The Project Schedule?

An ounce of prevention is better than a pound of cure, so the old adage goes. Although contraction of the Coronavirus (“COVID-19”) fortunately remains a relatively low risk in the United States, COVID-19 still has the ability…more

Construction Contracts, Construction Industry, Construction Project, Contractors, Coronavirus/COVID-19

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Do I Need to Make a Large Gift Now?

Many wealthy individuals are asking that question out of fear that the historically high estate/gift tax exemption of $11,580,000 ($23,160,000 for a married couple), indexed annually for inflation, could be significantly…more

Estate Tax, Exemptions, Gift Tax, Income Taxes

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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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M&A Practices in a Post-COVID-19 World

This is certainly a situation where the (purportedly) ancient curse would seem to apply: May you live in interesting times. Living, however, implies moving forward, and that is what the business world is trying to do. While…more

Acquisitions, Contract Terms, Coronavirus/COVID-19, Due Diligence, Earn-Outs

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How Did They Get My Protected Health Information?

It is no secret that protected health information (or “PHI”) is more and more at risk for cybersecurity attacks. In 2022 (the most recent year this statistic is available), the Department for Health and Human Services Office for…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Data Security

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NY Doctor Indicted for Medicare Fraud Related to Genetic Testing and Equipment

The government is continuing to take a close look at laboratory testing in the wake of the COVID-19 pandemic. On February 21, 2024, a federal grand jury in New Jersey issued a superseding indictment against a New York…more

Bribery, Health Care Providers, Healthcare Fraud, Indictments, Medicare

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California Proposes Further Changes to Proposition 65 Short-form Warnings

On December 13, 2021, the California Office of Environmental Health Hazard Assessment (“OEHHA”) issued another notice in its efforts to amend the short-form warning regulations under the Safe Drinking Water and Toxic Enforcement…more

Manufacturers, OEHHA, Proposition 65, Warning Labels

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Keep Your Server Permit: No Drinking on the Job

One of the most popular incentives for service industry employees is the “Shift Drink” – a drink on the house to unwind after a work day. On the surface, the Shift Drink is a relatively low-cost and readily available perk that…more

Employees, Employer Liability Issues, Hospitality Industry, Intoxication, Restaurant Industry

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Educators Still Required to Comply With New Title IX Regulations by August 14, 2020

On August 14, 2020, the U.S. Department of Education’s new Title IX regulations become effective. These regulations govern how education programs that receive federal funding must respond to sex discrimination, including sexual…more

Anti-Discrimination Policies, Department of Education, Educational Institutions, Harassment, School Districts

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2021: The Year of the Ohio Air Quality Development Authority?

If you’ve been involved with an energy project in Ohio any time in the last several decades, you may well already be familiar with the Ohio Air Quality Development Authority (OAQDA), which marks its 50th anniversary this year…more

Air Pollution, Air Quality Standards, Clean Air Act, Environmental Policies

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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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DOL Final Regulations on ESG Investing: “It’s All ‘Bout the Money”

Whether it is appropriate for institutional investment decision-makers to take into account environmental, social, or governance (“ESG”) factors or invest to promote ESG objectives, has become a divisive political issue and a…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Environmental Social & Governance (ESG), Fiduciary Duty

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Toronto’s New Vacant Home Tax – Deadline Fast Approaching

Toronto’s New Vacant Home Tax is an annual tax that will be levied on vacant Toronto residences starting in 2023. The Bylaw supporting the new vacant home tax came into effect on January 1, 2022, and the tax will become payable…more

Affordable Housing, Canada, Real Estate Market, Residential Real Estate Market

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Michigan Supreme Court Decision – A Reminder on Requirements Contracts

Michigan law requires contracts for the sale of goods worth $1,000 or more to be in writing and provide a quantity term. On July 11, 2023, the Michigan Supreme Court ruled in MSSC, Inc. v. Airboss Flexible Products Co. (Docket…more

Automotive Industry, Buyers, Consumer Contracts, Contract Terms, Goods or Services

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10 Tips for Reducing the Expenses of Getting a Divorce

Litigation of any kind can be expensive, and a divorce is no exception. The good news is that there are many ways that you can help control the expense. Here are 10 tips for reducing the expenses of your divorce…more

Divorce, Marriage, Spouses

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CSA Adopts “Access Equals Delivery Model” for Reporting Issuer Prospectuses

On January 11, 2024, the Canadian Securities Administrators (the “CSA”) published final amendments and changes to certain national instruments and companion policies (the “Amendments”). The Amendments provide for an optional…more

Canada, Canadian Securities Administration, Disclosure Requirements, Financial Services Industry, Investment Funds

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Will I Pay Less Child Support If I Pay For Private School Tuition?

How much child support a parent owes and what can be taken as a credit towards child support obligations are common questions in family law matters.  A large expense, which could result in a large child support deduction — or…more

Child Care, Child Custody, Child Support, Spouses

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Defamation Claim Against Premier Ford Slapped Down

In Blair v. Ford, 2021 ONCA 841, Brad Blair (“Blair”) appealed the decision of Justice Belobaba to dismiss Blair’s action against Premier Doug Ford (“Ford”) on the basis that it was a strategic lawsuit against public…more

Canada, Defamation, Freedom of Expression, Public Interest

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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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Changes to the Rules of Civil Procedure: Embracing Changes from COVID-19 to Begin Modernizing Litigation in Ontario

COVID-19 required Ontario Courts to adopt temporary measures to quickly modernize the court system. This included implementing virtual hearings, piloting the new CaseLines online platform, and permitting service by email…more

Canada, Coronavirus/COVID-19, Electronic Filing, Ontario, Remote Hearings

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Ohio Legislature Passes Biennial Budget; Governor DeWine Approves Historic Investments in Public Education and School Choice

On June 30, 2023, the 135th Ohio General Assembly passed the state’s biennial Operating Budget for FY 24-25 (House Bill 33), and the legislation was signed by Governor DeWine on July 4, 2023. As is customary, the budget bill…more

Public Schools, School Districts, State Legislatures, Students

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FTC Declares Employees Free from Most Noncompetes, But How Far Does the Ban Go and Will It Last?

During an Open Commission Meeting on April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 in favor of issuing the Noncompete Clause Rule (the “Final Rule”), which, with limited exceptions, makes it unlawful to enter…more

Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules

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UPDATED: Gaming & Hospitality Legal News, Volume 12, Number 15: Gaming in the Biden Administration - What to Expect Next

Nobody has been able to predict anything about 2020, including the results of the 2020 U.S. elections (although many tried - more than $1 billion in foreign wagers were placed on the outcome of the Presidential race). In the…more

Biden Administration, Casinos, Fantasy Sports, Gaming, Hospitality Industry

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Financial Institutions Advisory: FinCEN Issues Final Rule on Beneficial Ownership Reporting

On Friday, September 30, 2022, the Financial Crimes Enforcement Network issued its much-anticipated final rule on Beneficial Ownership Information Reporting Requirements (the “Rule”). The Rule implements Section 6403 of the…more

Beneficial Owner, Corporate Transparency Act, Customer Due Diligence (CDD), Final Rules, Financial Institutions

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Debate Heats Up Over SEC’s Proposed Rules On Climate-Related Disclosures

The Securities and Exchange Commission (SEC) recently released a 510-page notice (Release Nos. 33-11042; 34-99478), proposing rules that would require registrants to include expanded climate-related information in registration…more

Climate Change, Disclosure Requirements, Greenhouse Gas Emissions, Proposed Rules, Securities and Exchange Commission (SEC)

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Should I Let the Judge Decide?

Judges are elected or appointed officials serving the citizens of our communities. The majority of our judges are intelligent, empathic, possess a vast knowledge of the law and are experienced and wise…more

Judges, Trial Preparation, Trials

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CECRA Update | May 2020

On May 19, 2020, Canada Mortgage and Housing Corporation (“CMHC”) published further information on the previously announced Canada Emergency Commercial Rent Assistance Program (“CECRA”)…more

Canada, Landlords, Relief Measures, Tenants

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Michigan Passes Law Allowing Remote Witnesses and Remote Notarizations

Remote executions of estate planning documents are again allowed in Michigan through December 31, 2020. On November 5, 2020, Michigan’s Governor signed 2020 PA 246, allowing remote witnessing, and 2020 PA 249, allowing remote…more

E-Signatures, Governor Whitmer, Notarization, Remote Notarization, Signatures

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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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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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Providers Face Government Scrutiny Over COVID Coverage For Uninsured

The Families First Coronavirus Response Act (FFCRA) was enacted in March 2020 as part of the government’s response to the COVID-19 pandemic. The FFCRA, among other things, provided funds for diagnostic testing and services for…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Health Care Providers, HRSA, Reimbursements

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UPDATE: FEC Candidate Loan Repayment Limitation Ruled Unconstitutional in Supreme Court Decision

On May 16, 2022, the United States Supreme Court ruled that limiting the repayment of candidate loans to their own campaign to $250,000 (codified under 52 U.S.C. § 30116(j)) is unconstitutional. The Plaintiffs, Ted Cruz for…more

Campaign Contributions, Federal Election Commission (FEC), Loan Repayment Issues, Political Candidates, Quid Pro Quo

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Right-to-Repair Orders Issued by Federal Trade Commission

The Federal Trade Commission (“FTC”) has shifted its attention to repair restrictions. We had a head’s up that the decade-long hiatus was ending. In its July 2021 policy statement and May 2021 report to Congress, the FTC made…more

Federal Trade Commission (FTC), Magnuson-Moss Act, Manufacturers, Right to Repair, Warranties

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Statutory Limitations on Public Records Requests: Lessons from Audit-USA v. Maricopa County

In February 2023, the Arizona Court of Appeals issued an opinion in Audit-USA v. Maricopa County, 525 P.3d 279 (Ariz. App. 2023) [CA-CV 22-0254], addressing the fundamentals of Arizona’s public records laws…more

Ballots, Public Records, Request for Production, Statute of Limitations

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Doobie-ous Competition: How a Cannabis Company Can Use Employment Agreements to Protect Intellectual Property

In our prior posts, we discussed the two issues that should be at the forefront of any branding strategy: In this post, we briefly discuss how cannabis businesses can implement employment agreements to further protect their…more

Brand, Cannabidiol (CBD) oil, Cannabis Products, Cannabis-Related Businesses (CRBs), Employment Contract

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UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

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H-1B Cap Season: A Changing Landscape

March Madness will once again not fail this Fiscal Year 2025 (FY25) H-1B cap season. The shift in 2020 to the “new” H-1B registration system continues to be a work in progress. The USCIS strength and conditioning exercises will…more

Foreign Workers, H-1B, Immigrants, Immigration Procedures, Lottery

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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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Managing Uncertainty Through Financial Crisis Requires Proactive Guidance

The COVID-19 situation has already had a significant effect on the economy, and it will no doubt continue to do so. Almost every type of business is likely to experience some form of financial upheaval. We simply cannot have a…more

Business Continuity Plans, Coronavirus/COVID-19

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Ontario Government Issues Order to Temporarily Ease Shareholder and Director Meeting Requirements Due to the COVID-19 Pandemic

The Order - Pursuant to the Emergency Management and Civil Protection Act, the Ontario Government recently issued an order (the “Order”) that provides corporations governed by the Business Corporations Act (Ontario) (the "OBCA")…more

Canada, Coronavirus/COVID-19, Ontario, Relief Measures, Shareholders

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U.S. Supreme Court Decides Perez v. Sturgis Public Schools

The United States Supreme Court issued a decision in Perez v. Sturgis Public Schools, No. 21-887, opening the door for future claims against schools for compensatory monetary damages. In its unanimous opinion, the Supreme Court…more

Administrative Remedies, Americans with Disabilities Act (ADA), Damages, Disability Discrimination, Due Process

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SBA Guidance on PPP Borrowers: Transfers of Equity and Assets

On Friday, October 2, 2020, the Small Business Administration (“SBA”) issued a Procedural Notice setting out the required procedures for companies pursuing certain equity or asset purchases or sales, or other transfers, who have…more

Borrowers, Change of Ownership, Lenders, Loan Forgiveness, Paycheck Protection Program (PPP)

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Plugged In: An EV Newsletter, Vol. 1 No. 1

GM and Microvast recently announced a collaboration to develop a new separator technology using intellectual property contributions from both companies, including a coating technology developed in GM’s Research & Development…more

Automotive Industry, Batteries, Electric Vehicles, Lithium Batteries, Manufacturers

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The United States Issues 90 Day Customs Duties Deferral for Companies Experiencing Significant Financial Hardship Due to COVID-19

The United States has imposed a 90 day deferral for the deposit of customs of duties due March 1 – April 30, 2020 for companies experiencing significant financial hardship as a result of COVID-19. The deferral is temporary and…more

Coronavirus/COVID-19, Deadlines, Imports, Relief Measures, Tariffs

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Are You Getting Bang for Your Buck with Canadian Trademarks?

On January 1, 2024, the Canadian Intellectual Property Office (CIPO) introduced significant increases to the government fees it levies on actions before the Canadian Trademarks Office, including fee increases of over 30% for…more

Canada, Canadian Intellectual Property Office (CIPO), Fees, Intellectual Property Protection, Trademark Application

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Reproductive Healthcare Issues for Employers Series, Part 4: Navigating Mental Health Parity Requirements for Travel Benefits

On June 24, 2022, the United States Supreme Court released Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade. The Dobbs decision has employers scrambling to understand the impact on group health plan…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Mental Health Parity Rule, MHPAEA, Reproductive Healthcare Issues

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Value-Based Care Ushers in a New Era for Primary Care Providers

Originally published in Healthcare Michigan, Volume 40,  No. 10 - In an age of highly polarized opinions, there is a common consensus to address the rapidly rising health care costs in the United States. Research shows that the…more

Fee-for-Service, Health Care Providers, Healthcare, Physicians, Value-Based Care

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SBA Guidance on PPP Borrowers: Transfers of Equity and Assets

On Friday, October 2, 2020, the Small Business Administration (“SBA”) issued a Procedural Notice setting out the required procedures for companies pursuing certain equity or asset purchases or sales, or other transfers, who have…more

Borrowers, Change of Ownership, Lenders, Loan Forgiveness, Paycheck Protection Program (PPP)

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What You Need To Know: Intellectual Property and Non-Fungible Tokens

Over the last several years, you may have heard the term “blockchain.” Blockchain technology has emerged as an innovative, record-keeping technology, most notably recognized as the underlying technology behind Bitcoin…more

Bitcoin, Blockchain, Cryptocurrency, Digital Assets, Digital Marketplace

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Ohio Legislature Passes Biennial Budget; Governor DeWine Approves Historic Investments in Public Education and School Choice

On June 30, 2023, the 135th Ohio General Assembly passed the state’s biennial Operating Budget for FY 24-25 (House Bill 33), and the legislation was signed by Governor DeWine on July 4, 2023. As is customary, the budget bill…more

Public Schools, School Districts, State Legislatures, Students

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Nevada’s Cannabis Industry Takes Another Step Forward

Four significant bills that will undoubtedly impact cannabis regulation in Nevada were recently signed into law by Nevada State Governor Joe Lombardo (R). The legislation makes a series of amendments to the state’s existing…more

Administrative Procedure Act, Cannabis Products, Decriminalization of Marijuana, Dispensaries, Legalization

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Dissent Rights and Shareholder Agreements – New Ruling Provides Guidance

Dissent rights, entrenched in most provincial corporate statutes, grant shareholders the power to contest significant corporate changes and compel the corporation to repurchase their shares at a fair market value. Central to the…more

Canada, Dissenters Rights, Holding Companies, Shareholders, Shareholders' Agreements

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A State-Based Cure – Interested Government Agency J-1 Waivers For Physicians

Originally published in Healthcare Michigan, Volume 41,  No. 1 - Recently, the president of the American Medical Association, Jesse M. Ehrenfeld, MD, stated in a national address that the physician shortage long-feared is here…more

Foreign Workers, Health Care Providers, Healthcare Workers, Immigration Procedures, J-1 Visas

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Texas' New Business Courts and Court of Appeals

On June 2, 2023, the Texas 88th Legislature concluded its session and passed two laws that significantly affect the adjudication of select cases. House Bill 19 (HB 19) amended the Texas Government Code and created a statewide…more

Appeals, Appellate Courts, Business Court, Business Court Division, Business Disputes

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NLRB’s Combination McLaren Decision and GC Memo KO’s Severance (and Other) Agreements

In the McLaren Macomb opinion issued last month, 372 NLRB No. 58 (2023), the National Labor Relations Board (“NLRB”) landed a healthy punch chipping away at what had previously been considered standard severance provisions in…more

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

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Quebec Exemptions to Publicity Contest Rules: Sponsors Welcome to Quebec

Introduction - Quebec recently made changes to its publicity contests rules. The rules, which require publicity contests to adhere to stringent regulatory requirements in order to operate in Quebec, now exempt international…more

Canada, Contests & Promotions, Prizes, Sweepstakes

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Corporate Transparency Act Questionnaire | 企業透明性法のアンケートのお知らせ

As we reported in August 2023, the Corporate Transparency Act (the “CTA”) will become effective on January 1, 2024. For the first time, the United States government will require certain U.S. business entities and foreign…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act, FinCEN

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Look Before You Leap – Early Determination of Product Classification and Regulatory Pathway for FDA-Regulated Products

Originally published in Healthcare Michigan, Volume 41,  No. 4 - The Food and Drug Administration (FDA) regulates foods and beverages, drugs and medical devices, biologics, dietary supplements, tobacco products, veterinary…more

Classification, Consumer Product Companies, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Product Labels

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6 Key Steps to Respond to a Health Care Investigation (and Related Issues)

Originally published in Healthcare Michigan, Volume 41,  No. 2 - The United States Department of Justice (“DOJ”) and state law enforcement agencies have robust teams investigating and prosecuting health care fraud. Law…more

Anti-Kickback Statute, Department of Justice (DOJ), False Claims Act (FCA), Fraud, Health Care Providers

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Operators, Start Your Engines; But Beware of Sanctions

Less than a month has passed since the launch of the regulated iGaming market in Ontario, and the Ontario regulator has already handed down its first pair of penalties. On Tuesday, May 3, 2022, the Alcohol and Gaming Commission…more

Canada, Gaming, Gaming Commissions, Ontario

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Electronic Public Meetings – Time-Sensitive Steps For Local Units of Government To Take Now In The Face of Uncertain Future Legislative and Administrative Action

Michigan’s Open Meetings Act (OMA) has been amended a number of times since the beginning of the COVID-19 pandemic to address and allow electronic meetings under certain circumstances. The current state of the law is that…more

Open Meetings Act, Public Gatherings, Public Meetings, State and Local Government, Virtual Meetings

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New Michigan Law Significantly Expands Economic Incentives Available for Housing Development and Increases Availability of Transformational Brownfield Projects

On July 18, 2023, Governor Whitmer signed into law Public Act 90 of 2023, an amendment to the Brownfield Redevelopment Financing Act (Act 381), taking immediate effect, that adds new economic incentives for housing-focused real…more

Brownfield Properties, Community Development, Contaminated Properties, Housing Developers, Housing Market

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Plugged In: An EV Newsletter Vol. 2, No. 4

Welcome to this month's edition of Plugged In. In this issue, we focus on the complex challenges facing electric utilities in addressing the critical need to adequately generate and transmit electricity to power the…more

Automotive Industry, Charging Stations, Electric Vehicles, Electricity, Energy Sector

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Loomis v. Amazon: Strict Products Liability in the World of E-Commerce

On April 26, 2021, the California Court of Appeal issued its decision in Loomis v. Amazon.com LLC, which could have drastic consequences for operators of e-commerce sites being sued for strict liability for injuries incurred as…more

Amazon, Corporate Counsel, E-Commerce, Internet Retailers, Liability

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Keep Your Server Permit: No Drinking on the Job

One of the most popular incentives for service industry employees is the “Shift Drink” – a drink on the house to unwind after a work day. On the surface, the Shift Drink is a relatively low-cost and readily available perk that…more

Employees, Employer Liability Issues, Hospitality Industry, Intoxication, Restaurant Industry

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Can You Take Discovery in the U.S. for Foreign Arbitrations? Maybe, Says the Sixth Circuit Court of Appeals

Introduction - The U.S. Court of Appeals for the Sixth Circuit ruled on September 19, 2019 that U.S. District Courts may order individuals and entities within the United States to produce discovery requested for use in…more

Discovery, Document Productions, International Arbitration

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Value-Based Care Ushers in a New Era for Primary Care Providers

Originally published in Healthcare Michigan, Volume 40,  No. 10 - In an age of highly polarized opinions, there is a common consensus to address the rapidly rising health care costs in the United States. Research shows that the…more

Fee-for-Service, Health Care Providers, Healthcare, Physicians, Value-Based Care

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"It Doesn't Have to Be This Way" - 3 Alternatives for Avoiding Dragging Your Children Through the Court System

It is universally recognized that litigating legal decision making, parenting time or other parenting issues can be harmful to the development of children…more

Co-Parenting, Mediation, Parenting Plans, Parenting Time

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Managing Uncertainty Through Financial Crisis Requires Proactive Guidance

The COVID-19 situation has already had a significant effect on the economy, and it will no doubt continue to do so. Almost every type of business is likely to experience some form of financial upheaval. We simply cannot have a…more

Business Continuity Plans, Coronavirus/COVID-19

See all updates »

New Michigan Law Significantly Expands Economic Incentives Available for Housing Development and Increases Availability of Transformational Brownfield Projects

On July 18, 2023, Governor Whitmer signed into law Public Act 90 of 2023, an amendment to the Brownfield Redevelopment Financing Act (Act 381), taking immediate effect, that adds new economic incentives for housing-focused real…more

Brownfield Properties, Community Development, Contaminated Properties, Housing Developers, Housing Market

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U.S. Supreme Court Splits the Baby as It Stays the Private Employer Vaccine or Test Mandate but Keeps the Healthcare Vaccine Mandate in Place

On January 13, 2022, the United States Supreme Court (“Court”) issued two critical decisions: one staying the OSHA ETS vaccine or test mandate, the second allowing the OSHA CMS vaccine mandate for healthcare facilities to move…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Healthcare Workers

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Good News for Creators: Canada Extends Copyright Term

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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