Author Info for Miller Canfield

Frederick Acomb

Justices Leave Federal Jurisdiction over Enforcement of Arbitration Awards Unclear

The Federal Arbitration Act (FAA) requires federal courts to enforce agreements to arbitrate that impact interstate commerce. The FAA and its body of case law are binding on state courts and many states have adopted similar…more

Arbitration, Arbitration Agreements, Arbitration Awards, Federal Arbitration Act, Legal History

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Jan Akimenkow

Poland: Government support programmes for first-time home buyers - part III

W dniu 14 kwietnia 2023 roku Sejm uchwalił Ustawę o pomocy państwa w oszczędzaniu na cele mieszkaniowe (dalej jako „Ustawa mieszkaniowa 2023”). Obecnie trwają dalsze prace legislacyjne, już na etapie Senatu 1. Jak zatem widać…more

Construction Industry, First Time Homebuyers, Housing Developers, Poland

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Matthew Allen

U.S. Supreme Court Curtails Securities and Exchange Commission’s In-House Authority to Penalize Securities Fraud

On June 28, 2024, the Supreme Court issued a significant decision that could have wide-ranging consequences for administrative agency enforcement actions. In Securities and Exchange Commission v. Jarkesy, the Court held that the…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Civil Monetary Penalty, Constitutional Challenges

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Joseph Ammar

Receiverships Under Michigan's New Assignment of Rents Act

The Michigan Uniform Assignment of Rents Act (“MUARA”), which takes effect on September 22, 2022, strengthens both the right to obtain a receiver and the power of the receiver to collect past due rent. The MUARA also confirms…more

Assignment of Rents (AOR), Commercial Bankruptcy, Foreclosure, Lenders, Mortgages

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Danielle Mason Anderson

Practice Pointer: Words Matter

In prior practice pointers, we discussed how a statute of frauds provides protection for financial institutions and how a prenegotiation agreement also can provide protection. Do these mean that you can write or say whatever you…more

Client Communication, Commercial Bankruptcy, Digital Communications, Distressed Debt, Financial Institutions

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Thomas Appleman

Cracks in the Corporate Transparency Act?

On March 1, 2024, an Alabama federal court declared the Corporate Transparency Act (CTA) unconstitutional—but only enjoined its enforcement as to the specific litigants. As described in our prior alerts, the CTA effectuates…more

Beneficial Owner, Commerce Clause, Constitutional Challenges, Corporate Transparency Act, FinCEN

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Brad Arbuckle

Federal Reserve’s Main Street Lending Program: What Businesses Need to Know to Prepare

On April 9, 2020, the Federal Reserve, acting under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and Section 13(3) of the Federal Reserve Act (12 USC §344), announced the creation of a new “Main Street…more

CARES Act, Coronavirus/COVID-19, Credit Facilities, Federal Reserve, Financial Stimulus

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Jeffrey Aronoff

Michigan Property Owners Entitled to Surplus Value When Foreclosed Property Transferred to Land Bank, Court of Appeals Rules

Miller Canfield previously reported on Rafaeli, LLC v Oakland County (Rafaeli), in which the Michigan Supreme Court held that counties are not allowed to retain sale proceeds that exceed the taxes owed on a foreclosure property…more

Foreclosure, Foreclosure Sales, Property Owners, Property Tax, Property Valuation

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Robin Asher

Strong Headwinds for the USPTO’s Terminal Disclaimer Proposal

The United States Patent and Trademark Office (USPTO) is facing vigorous backlash to its proposal to change terminal disclaimer practice used in patent applications and, not so subtly, discourage the use of continuation…more

Double Patent, NPRM, Obviousness, Patents, Proposed Rules

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Wojciech Babicki

Amendments to Poland's Income Tax Laws Effective Jan. 1, 2018

Poland recently amended its Corporate Income Tax law, effective Jan. 1, 2018. The Polish Government announced that the objectives of the amendment are to ensure that taxes paid by large companies, especially multinational…more

Amended Regulation, Anti Tax Avoidance Directive (ATAD), Corporate Taxes, EU, Poland

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Kasturi Bagchi

Protecting Your Investment from Costly Building Code Violations Following Galvan Ruling

In a breach of warranty deed claim, the Michigan Supreme Court ruled in favor of the sellers of a condominium unit and unanimously decided on July 12, 2023, in Galvan v Poon that a building code violation discovered after the…more

Breach of Warranty, Building Codes, Condominiums, Deeds, Directed Verdicts

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Elizabeth Baker

UPDATED/Employers: Planning for the Fiscal Year 2025 H-1B Cap and Registration Process Begins Now - Changes in Effect

UPDATE: Employers should be advised that USCIS has extended the H-1B CAP registration period for FY2025. The registration period was initially set to close at 12:00 pm EST on March 22, 2024, but has now been extended to 12:00…more

Filing Deadlines, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, Registration Requirement

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Emily Barr

Operating Cash-Flow Borrowing Options for Michigan Public School

As Michigan public schools prepare their 2024-2025 budgets, schools should be aware of the short-term borrowing options available to cover their projected operating cash-flow shortfalls…more

Education Budget, Funding, Line of Credit, Public Schools, School Districts

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Megan Baxter-Labut

Will the Real Party in Interest Please Stand Up?

In Michigan, the general rule is that only a real party in interest may initiate a lawsuit. MCR 2.201(B). Although it is usually easy to identify the proper party (or parties), it becomes harder if a would-be plaintiff files for…more

Appeals, Chapter 7, Consumer Bankruptcy, Creditors, Debtors

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Kimberly Berger

Location Or Protectable Trademark? Smaller Airports Grounded in Their Pursuit to Use the Name of the Largest Cities They Serve

Two of the busiest airports in the United States are battling with their smaller counterparts to retain trademark rights in the name of the major cities the airports serve. While the smaller airports want to capitalize on using…more

Airports, Geographically Descriptive, Intellectual Property Protection, Likelihood of Confusion, Trademark Infringement

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Eric Bergeron

Commitment Fees Might Constitute Interest Under Michigan Law

Lenders often include fees in loan transactions in addition to an interest rate. Typically such fees are not considered interest, as they compensate the lender for various services or commitments provided under the loan…more

Banking Sector, Consumer Lenders, Fees, Interest Rates, Lenders

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D. Kyle Bierlein

Deep in the Heart of Texas: Court Blocks FTC Non-Compete Rule

On August 20, 2024, the United States District Court for the Northern District of Texas invalidated the FTC’s rule banning most non-compete agreements. Ryan LLC et al v. Federal Trade Commission, WL 3297524 (08/20/2024)…more

Administrative Authority, Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Andrew Blum

U.S. Supreme Court Raises the Bar for Employers in Religious Accommodation Cases

On June 29, 2023, the U.S. Supreme Court issued a unanimous decision clarifying the standard for determining whether employees’ religious accommodation requests impose an undue hardship on employers…more

Civil Rights Act, De Minimus Doctrine, Groff v DeJoy, Religious Accommodation, Religious Discrimination

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Karen Boore

Federal Law Allows Tax-Exempt Entities to Cash In on Energy Tax Credits

Tax-exempt entities (including non-profits, states, local governments and public schools) that are planning energy-efficient projects, such as solar improvements to existing buildings or improvements to provide for…more

501(c)(3), Energy Tax Incentives, Inflation Reduction Act (IRA), Investment Tax Credits, Production Tax Credit

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Russell Bucher

New Amendments to ICC Arbitration Rules Will Save Time and Money

In an important development for businesses engaged in cross-border transactions, the International Chamber of Commerce has amended its arbitration rules effective January 1, 2021. The amendments are designed to increase the…more

Amended Regulation, Arbitration, Commercial Arbitration, Coronavirus/COVID-19, Expedited Actions Process

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Harold Bulger Jr.

Emergency Managers Not Authorized To Rubber Stamp Prior Acts of Local Officials

In a first-of-its-kind case, a panel of the Michigan Court of Appeals has ruled that an Emergency Manager (EM) is not authorized by either Act 4 or Act 436 to ratify prior acts of a local government official, even where he may…more

Appeals, Emergency Managers, Government Officials, Municipalities, Ratification

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Beverly Hall Burns

Michigan Ban on School Employee Union Dues Deductions Legal

In a split opinion Thursday, a federal appeals court cleared the path toward implementing a 2012 Michigan law barring public school employers from collecting union dues from their employees. …more

Public Schools, Union Dues, Unions

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Douglas Callander

Michigan Becomes the 24th “Right-To-Work” State

On March 27, 2013, the “right-to-work” bills, SB 116, now known as Public Act 348 of 2012 and HB 4003, now known as Public Act 349 of 2012, became effective. Also called Michigan’s “Freedom-To-Work” laws, the statutes make it…more

NLRA, Right to Work

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Samuel Charara

COVID-19: Patent and Trademark Office Updates as of June 8, 2020

Miller Canfield is actively tracking the current status of operations of numerous Patent and Trademark Offices (PTOs) around the world in the light of the novel coronavirus (COVID-19) pandemic. Below is a chart that shows the…more

Coronavirus/COVID-19, Patents, Trademarks

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Gerard Charette

Important Tax Changes Coming into Effect in Canada

The new year has brought with it some important tax changes for businesses and residential property owners in Canada…more

Canada, Corporate Taxes, Estate Tax, Income Taxes, Property Tax

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Ahmad Chehab

Michigan Supreme Court Revives Voter-Initiated Minimum Wage, Sick Leave Laws

On July 31, 2024, the Michigan Supreme Court revived two 2018 voter-initiated laws aimed at increasing the state’s minimum wage and expanding earned sick time for workers…more

Employee Benefits, MI Supreme Court, Minimum Wage, Paid Sick Leave, State Labor Laws

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Andrzej Chelchowski Ph.D.

New Requirements for Foreigners Filing Company Financial Statements in Poland

A recent amendment to Poland's National Court Register (KRS) introduced several significant changes affecting foreign companies operating in Poland. Of most significance is the new requirement that company financial statements…more

Corporate Governance, Filing Requirements, Financial Statements, Foreign Nationals, Poland

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Steven Chester

Environmental Due Diligence in Real Estate Transactions During the COVID-19 Crisis

COVID-19 and Baseline Environmental Assessment Timing - Real property transactions (purchases, leases and foreclosures) need not be put on hold due to uncertainty surrounding the ability to obtain available environmental…more

Coronavirus/COVID-19, Due Diligence, Environmental Assessments, Environmental Protection Agency (EPA), Real Estate Transactions

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Pawel Chudzicki

Doing Business in Qatar: How to Comply with the QFC Beneficial Ownership Procedures

Like many jurisdictions around the world, the Qatar Financial Centre (QFC) has established compliance procedures that require legal entities registered or formed in the QFC to identify their ultimate beneficial owners (UBO). The…more

Anti-Money Laundering, Beneficial Owner, Compliance, Disclosure Requirements, Money Laundering

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Alexander Clark

Whose Risk? Impossibility and Frustration of Purpose in Michigan Leases

Following the COVID‑19 pandemic, many parties and jurisdictions grappled with how shutdown orders affected their private contract rights. Our commentary from March 2020 is still a good starting point for evaluating these issues…more

Business Interruption, Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms

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Michael Coakley

For-Profit Schools Ruled Exempt From Michigan Personal Property Tax

In a departure from past interpretation, the Michigan Supreme Court issued a ruling on May 1, 2017 expanding the use of personal property tax exemptions available to for-profit institutions. In SBC Health Midwest, Inc. v City of…more

Educational Institutions, For Profit Education, Personal Property Tax, Tax Exemptions

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Thomas Colis

Operating Cash-Flow Borrowing Options for Michigan Public School

As Michigan public schools prepare their 2024-2025 budgets, schools should be aware of the short-term borrowing options available to cover their projected operating cash-flow shortfalls…more

Education Budget, Funding, Line of Credit, Public Schools, School Districts

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Paul Collins

The End of Chevron: Administrative Power Shifts to the Courts

The United States Supreme Court has effectively vanquished the Chevron doctrine, which has governed the power of federal agencies to interpret federal statutes for the last 40 years. In recent years, the Chevron doctrine has…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Government Agencies

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James Cooke

Growing Profits: How Farmers, Greenhouse Operators, and Fishermen Can Maximize Tax Savings Under Canada's Greenhouse Gas Pollution Pricing Act

The Canadian Federal Government's Greenhouse Gas Pollution Pricing Act, now entering its fifth year since enactment, presents unique challenges and opportunities for farmers, greenhouse operators, and fishermen. As key players…more

Agricultural Sector, Business Taxes, Canada, Climate Change, Farmers

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Kimberly Coschino

EEOC Issues Long-Awaited Proposed Harassment Guidance

The U.S. Equal Employment Opportunity Commission (EEOC) has published its long-awaited notice of proposed guidance on “Enforcement Guidance of Harassment in the Workplace.” The proposed guidance, published in the Federal…more

Anti-Harassment Policies, Bostock v Clayton County Georgia, Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Carrick Craig

Michigan Governor Signs Into Law Two Landmark Bills Repealing Right-to-Work Language

On March 24, 2023, Governor Gretchen Whitmer signed into law two significant pieces of legislation amending Michigan labor laws: Public Act (“PA”) 9 (2023), and its private sector equivalent, PA 8 (2023). Together, both…more

Bargaining Units, Governor Whitmer, Janus v AFSCME, New Legislation, Private Sector

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Thomas Cranmer

Important Changes to Federal Criminal Sentencing Guidelines

Effective November 1, 2023, the United States Sentencing Commission’s Amendment 821, also known as the “2023 Criminal History Amendment,” has officially become part of the federal sentencing guidelines. Thousands of incarcerated…more

Criminal Convictions, Criminal Prosecution, Federal Sentencing Guidelines, Sentence Reduction

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Douglas Crim

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

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

Citations, Congressional Review Act, OSHA, Recordkeeping Requirements, Statute of Limitations

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Michelle Crockett

Michigan Supreme Court: Student-on-Student Harassment Not a Recognized Claim

Can a student harassed by another student bring a lawsuit against the school for allegedly creating a hostile environment under state law? On July 29, 2024, the Michigan Supreme Court answered no…more

Civil Rights Act, Harassment, Hostile Environment, MI Supreme Court, School Districts

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James Crowley

Operating Cash-Flow Borrowing Options for Michigan Public School

As Michigan public schools prepare their 2024-2025 budgets, schools should be aware of the short-term borrowing options available to cover their projected operating cash-flow shortfalls…more

Education Budget, Funding, Line of Credit, Public Schools, School Districts

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William Danhof

Community Colleges Must Report Debt Revenue Loss By Friday Under Michigan Personal Property Tax Reform

Recent reforms to the Michigan personal property tax require community colleges to report their debt revenue loss to the Michigan Department of Treasury by September 5, 2014…more

Community Colleges, Personal Property Tax, Reporting Requirements

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Darryl Davidson

Illinois Open Meetings Act Amended to Allow Meetings Without A Physical Quorum

On June 12, 2020, Illinois Governor J.B. Pritzker signed into law Public Act 101-0640 which, among other matters, amends Section 7 of the Open Meetings Act to allow meetings of members of a public body subject to the Act to…more

Amended Legislation, Coronavirus/COVID-19, Governor Pritzker, Open Meetings Act, Public Entities

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Deja Davis

Department of Labor Issues Field Assistance Bulletin on Use of AI in the Workplace

The United States Department of Labor (“DOL”), Wage and Hour Division recently issued a Field Assistance Bulletin on Artificial Intelligence and Automated Systems in the Workplace under the Fair Labor Standards Act and Other…more

Artificial Intelligence, Automated Decision Systems (ADS), Compliance, Corporate Counsel, Department of Labor (DOL)

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Gregory DeGrazia

Strong Headwinds for the USPTO’s Terminal Disclaimer Proposal

The United States Patent and Trademark Office (USPTO) is facing vigorous backlash to its proposal to change terminal disclaimer practice used in patent applications and, not so subtly, discourage the use of continuation…more

Double Patent, NPRM, Obviousness, Patents, Proposed Rules

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Haley DelVecchio

Michigan’s Uniform Power of Attorney Act Goes into Effect Today

The Uniform Power of Attorney Act (“UPOAA”) was signed into law by Michigan Governor Gretchen Whitmer on November 7, 2023. Taking effect on July 1, 2024, the UPOAA repeals and replaces the durable power of attorney provisions in…more

Estate Planning, Form Documents, Governor Whitmer, Power of Attorney, Wills

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Christopher Dembowski

Process and Form of Filing Annual Qualifying Statement Revised

Earlier this month, the Michigan Department of Treasury issued Bulletin 6 implementing revisions to the application form and method of filing for the annual Qualifying Statement. The Revised Municipal Finance Act, Public Act 34…more

Annual Filings, Audits, Municipalities

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Katrina Piligian Desmond

Operating Cash-Flow Borrowing Options for Michigan Public Schools - May 2023

As Michigan public schools navigate the preparation of their 2023-2024 budgets, we wanted to again provide you with a reminder of the short-term borrowing options available to cover projected operating cash-flow shortfalls. The…more

Education Budget, Federal Funding, Financing, Line of Credit, Loans

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Shannel Cara Diewold

Ontario Corporations: Transparency Requirements

On January 1, 2023, amendments to the Ontario Business Corporations Act (“OBCA”) came into effect. Most notably, the OBCA now requires that private corporations in Ontario create and maintain a register of all “individuals with…more

Beneficial Owner, Business Corporation Act, Corporate Governance, Ontario, Person with Significant Control (PSC Register)

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Zhiguo Du

US Issues Final Regulations on FEOC Exclusions from Clean Vehicle Credit

On May 6, 2024, the U.S. Department of the Treasury (Treasury) and Internal Revenue Service (IRS) published final regulations (Final Regulations) regarding clean vehicle tax credits under Internal Revenue Code sections 25E and…more

Climate Change, Controlled Foreign Corporations, Department of Energy (DOE), Electric Vehicles, Final Rules

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Lawrence Dudek

Amendment to Illinois Mechanics Lien Act Authorizes Bonding Over of Mechanics Liens Claims

As of January 1, 2016, an amendment to the Illinois Mechanics Lien Act, 770 ILCS. 60/38.1, allows parties with an interest in real estate to substitute an eligible surety bond for a claim for mechanics lien as security for real…more

Condominium Associations, Construction Industry, Homeowners Association (HOA), Mechanics' Lien Acts, Suretyships

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Lani Duffy

Preparing for Cyberattacks and Limiting Liability

The U.S. government and military experts have been warning U.S. companies that Russia may launch significant cyberattacks against critical infrastructure, financial institutions and businesses in retaliation for the sanctions…more

California Consumer Privacy Act (CCPA), Critical Infrastructure Sectors, Cyber Attacks, Cyber Insurance, Cybersecurity

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Christopher Dutot

UPDATED/Employers: Planning for the Fiscal Year 2025 H-1B Cap and Registration Process Begins Now - Changes in Effect

UPDATE: Employers should be advised that USCIS has extended the H-1B CAP registration period for FY2025. The registration period was initially set to close at 12:00 pm EST on March 22, 2024, but has now been extended to 12:00…more

Filing Deadlines, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, Registration Requirement

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Scott Eldridge

Michigan Supreme Court Poised to Rule on Constitutionality of Controversial ‘Adopt-and-Amend’ Policy - What Will It Mean for Michigan Employers?

The Michigan Constitution allows voters to initiate ballot measures to change or propose new laws. These citizen initiatives are made outside of the Legislature, enabling ordinary voters to create policy through the ballot…more

Ballot Measures, MI Supreme Court, Proposed Amendments, Proposed Legislation, State Constitutions

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Kyla Fair

New Employment and Labour Changes with "Making Ontario Open for Business Act"

Bill 47, also called the "Making Ontario Open for Business Act," was passed and given royal assent on November 21, 2018. This new act relaxes demands on employers by repealing or altering many of the changes that came into…more

Amended Legislation, Canada, Employment Policies, Fair Work Act, Labour Code

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Lawrence Falbe

SCOTUS Limits USEPA Authority to Regulate Wetlands Under Clean Water Act

In a closely-watched decision, the United States Supreme Court substantially narrowed the United States Environmental Protection Agency’s authority to regulate non-traditional wetlands as "waters of the United States" under the…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett v EPA, SCOTUS

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Spencer Farias

Growing Profits: How Farmers, Greenhouse Operators, and Fishermen Can Maximize Tax Savings Under Canada's Greenhouse Gas Pollution Pricing Act

The Canadian Federal Government's Greenhouse Gas Pollution Pricing Act, now entering its fifth year since enactment, presents unique challenges and opportunities for farmers, greenhouse operators, and fishermen. As key players…more

Agricultural Sector, Business Taxes, Canada, Climate Change, Farmers

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Schuyler Ferguson

U.S. Supreme Court Raises the Bar for Employers in Religious Accommodation Cases

On June 29, 2023, the U.S. Supreme Court issued a unanimous decision clarifying the standard for determining whether employees’ religious accommodation requests impose an undue hardship on employers…more

Civil Rights Act, De Minimus Doctrine, Groff v DeJoy, Religious Accommodation, Religious Discrimination

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Malgorzata Fituch

Amendments to Poland's Income Tax Laws Effective Jan. 1, 2018

Poland recently amended its Corporate Income Tax law, effective Jan. 1, 2018. The Polish Government announced that the objectives of the amendment are to ensure that taxes paid by large companies, especially multinational…more

Amended Regulation, Anti Tax Avoidance Directive (ATAD), Corporate Taxes, EU, Poland

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Kiffi Ford

NLRB Issues New Rules on Union Representation

On August 1, 2024, the National Labor Relations Board is set to roll out its Fair Choice-Employee Voice Rule, which includes three major changes..…more

Collective Bargaining, Labor Relations, New Rules, NLRB, Unfair Labor Practices

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Steven Frank

SEC’s Office of Municipal Securities Offers Guidance Regarding COVID-19’s Impact on Rule 15c2-12 Continuing Disclosure Undertaking Requirements

Every continuing disclosure undertaking entered into under Section (b)(5)(i) of Rule 15c2-12 (the “Rule”) of the Securities and Exchange Commission (“SEC”) requires the issuer or obligated person (as defined in the Rule) under…more

Coronavirus/COVID-19, Disclosure Requirements, MSRB, Municipal Securities Issuers, Securities and Exchange Commission (SEC)

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Samantha Galecki

Property Owners: Don't Let Michigan's New Slip-and-Fall Case Law Trip You Up

All property owners and possessors should be aware of a new legal framework from the Michigan Supreme Court that changes how premises liability cases are litigated. Michigan courts have long held that premises owners generally…more

Bodily Injury, Dangerous Condition, Liability, MI Supreme Court, Negligence

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Christie Galinski

IRS Starts Asking Direct Questions to Taxpayers on Their ERC Claims

As previously reported by Miller Canfield, unscrupulous promotors caused many taxpayers to file claims for the Employee Retention Credit even when they did not qualify. As a result, the IRS views claims for this credit with…more

Audits, CARES Act, Coronavirus/COVID-19, Employee Retention, IRS

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Brian Gallagher

Deep in the Heart of Texas: Court Blocks FTC Non-Compete Rule

On August 20, 2024, the United States District Court for the Northern District of Texas invalidated the FTC’s rule banning most non-compete agreements. Ryan LLC et al v. Federal Trade Commission, WL 3297524 (08/20/2024)…more

Administrative Authority, Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Lawrence García

Michigan Supreme Court Poised to Rule on Constitutionality of Controversial ‘Adopt-and-Amend’ Policy - What Will It Mean for Michigan Employers?

The Michigan Constitution allows voters to initiate ballot measures to change or propose new laws. These citizen initiatives are made outside of the Legislature, enabling ordinary voters to create policy through the ballot…more

Ballot Measures, MI Supreme Court, Proposed Amendments, Proposed Legislation, State Constitutions

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Ryan Garippo

Getting Sued in All the Wrong Places: Supreme Court Opens Door to Suits in Unrelated States

Let’s say that your company is incorporated in Michigan, headquartered in Michigan, and does business there and in a dozen other states. One of your customers in Texas claims the products it purchased from you and that you…more

Constitutional Challenges, Corporate Counsel, Domestic Corporations, Due Process, Foreign Corporations

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Christopher Gartman

Michigan Expands Development District Liquor License Availability

A recently passed Michigan law will streamline access to liquor licenses in development districts and is expected to lower costs for hospitality industry businesses that invest in constructing or restoring buildings. …more

Liquor Licences, Real Estate Development, Zoning Laws

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Tina Georgieva

AV Accidents: Consumers Want Clarity on Liability

The rapid evolution of automated driving systems (ADS) is bringing radical change to government regulations, industry practices, the potential obsolescence of human drivers and will also change the legal landscape for consumers,…more

Automotive Industry, Driverless Cars, Information Reports, Liability, Technology

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Caroline Giordano

A Worldwide First in AI Legal Developments: The European Union’s 2024 Artificial Intelligence Act

The European Union recently passed a sweeping law regulating corporations and business leaders with respect to artificial intelligence (AI). The first legislation of its kind, the EU Artificial Intelligence Act seeks to impose…more

Artificial Intelligence, Biden Administration, Compliance, Compliance Dates, Equal Employment Opportunity Commission (EEOC)

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Erika Giroux

U.S. Supreme Court Curtails Securities and Exchange Commission’s In-House Authority to Penalize Securities Fraud

On June 28, 2024, the Supreme Court issued a significant decision that could have wide-ranging consequences for administrative agency enforcement actions. In Securities and Exchange Commission v. Jarkesy, the Court held that the…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Civil Monetary Penalty, Constitutional Challenges

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Gerald Gleeson II

Junk Science or Relevant Evidence: Supreme Court Says Experts May Now Aid in Determining Criminal Intent

In criminal cases, oftentimes the most significant element in dispute is whether the defendant harbored the intent to “knowingly” or “willfully” violate the criminal law at issue. If the defendant denies that he knew what he…more

Criminal Procedure, Criminal Prosecution, Evidence, Expert Testimony, Expert Witness

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Gary Glenn

IRS Updates Guidance on Deductibility of Expenses Paid With PPP Loan Proceeds

The IRS recently released additional guidance about the tax treatment of expenses paid with proceeds of Paycheck Protection Program loans. The PPP loans are a COVID relief program enacted as part of the CARES Act…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, IRS

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Leo Goddeyne

IRS Extends Filing Deadlines For Tax Exempt Organizations

On April 14, 2020, the IRS confirmed that, in response to the coronavirus (COVID-19) pandemic, the deadline imposed on tax exempt organizations for filing Form 990-series annual information returns (Forms 990, 990-EZ, 990-PF,…more

Coronavirus/COVID-19, Filing Deadlines, IRS, Nonprofits, Relief Measures

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Jeffrey Golds

IRS Starts Asking Direct Questions to Taxpayers on Their ERC Claims

As previously reported by Miller Canfield, unscrupulous promotors caused many taxpayers to file claims for the Employee Retention Credit even when they did not qualify. As a result, the IRS views claims for this credit with…more

Audits, CARES Act, Coronavirus/COVID-19, Employee Retention, IRS

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Kal Goren

DOL Issues Groundbreaking Fiduciary Investment Rules

Do you have investments in a retirement plan or IRA, or are you a retirement plan fiduciary or provide investment services to a retirement plan or IRA? On April 6, 2016, the Department of Labor (DOL) released its…more

Conflicts of Interest, Department of Labor (DOL), Fiduciary Duty, Final Rules, Individual Retirement Account (IRA)

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Katina Gorman

IRS Issues Guidance on New Exceptions to 10% Additional Tax on Early Distributions from Retirement Plans

The Internal Revenue Code generally discourages retirement plan participants from requesting distributions from their retirement plan funds prior to age 59 ½ by imposing an additional 10% tax on those distributions. However, the…more

Benefit Plan Sponsors, Distribution Rules, IRS, New Guidance, Retirement Plan

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Elizabeth Graper

Canadian Law: Make Sure Your Lease Isn't a Dealbreaker

When selling your business in Canada, you will face a long list of due diligence requests as the purchaser reviews all aspects of your business. If there is a lease, one key aspect of due diligence review will be the lease for…more

Acquisitions, Canada, Commercial Leases, Commercial Tenants, Contract Term

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Eftiola Greco

Michigan Supreme Court Revives Voter-Initiated Minimum Wage, Sick Leave Laws

On July 31, 2024, the Michigan Supreme Court revived two 2018 voter-initiated laws aimed at increasing the state’s minimum wage and expanding earned sick time for workers…more

Employee Benefits, MI Supreme Court, Minimum Wage, Paid Sick Leave, State Labor Laws

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Jonathan Green

In Purdue Pharma, Supreme Court Rules That Nonconsensual Releases Are A Nonstarter

On June 27, 2024, the United States Supreme Court issued its long-awaited opinion in Harrington v. Purdue Pharma L.P., holding that the Bankruptcy Code does not permit nonconsensual releases of nondebtors. As a refresher,…more

Bankruptcy Code, Bankruptcy Plans, Chapter 11, Commercial Bankruptcy, Debtors

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Saul Green

Debt Limits to Qualify for Subchapter V and Chapter 13 Revert to Prior Lower Levels

In March, Miller Canfield noted that the previously expanded debt limits for bankruptcy cases under the Small Business Reorganization Act ("SBRA," a.k.a. "Subchapter V") and under chapter 13 were set to revert on June 21, 2024…more

Commercial Bankruptcy, Small Business Reorganization Act of 2019 (SBRA), Threshold Requirements

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Matthew Greenberg

The End of Chevron: Administrative Power Shifts to the Courts

The United States Supreme Court has effectively vanquished the Chevron doctrine, which has governed the power of federal agencies to interpret federal statutes for the last 40 years. In recent years, the Chevron doctrine has…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Government Agencies

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Arthur Griem

FinCEN Issues Final Rule on the Corporate Transparency Act Requiring Businesses to Report Beneficial Ownership Information

On September 30, 2022, the U.S. Financial Crimes Enforcement Network (“FinCEN”) published its final rule implementing Section 6403 of the Corporate Transparency Act (“CTA”). The final rule, which will take effect on…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Final Rules

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Joseph Gustavus

U.S. Export Controls and Sanctions Update: Russia, Belarus and Ukraine

Broad U.S. export controls and sanctions recently imposed on Russia, Belarus and specific areas of Ukraine may impact companies with international exposure to these regions, including but not limited to industries such as…more

Asset Freeze, Belarus, Biden Administration, Blocked Entities, Blocked Person

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William Hancock

In Music Copyright Row, The Supreme Court Remixes the Three-Year Limit on Copyright Damage Claims

On May 9, 2024, the U.S. Supreme Court held the Copyright Act entitles a copyright owner to obtain damages for a timely infringement claim, even if the infringement occurred prior to the Copyright Act's three-year statute of…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Intellectual Property Litigation

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Vera Hansen

2024 Regulatory Update for Investment Advisers

In 2023, the Securities and Exchange Commission issued various proposed rules on regulatory changes that will affect SEC-registered investment advisers (RIAs). Since these rules are likely to be put into effect, RIAs should…more

Analytics, Conflicts of Interest, Custody Rule, Cybersecurity, Investment Adviser

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Sarah Hartman

Michigan Governor Issues Updated “Safe Start” and Workplace Safety Executive Orders

On September 25, 2020, Michigan Gov. Gretchen Whitmer signed Executive Orders 2020-183 and 2020-184. EO 2020-183 permits certain indoor sport venues, theaters, and entertainment facilities to reopen, with capacity limitations,…more

Coronavirus/COVID-19, Entertainment Venues, Executive Orders, Governor Whitmer, Re-Opening Guidelines

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Irene Bruce Hathaway

Sixth Circuit: Calls to Prior Customers Violates TCPA

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

Class Action, Contract Termination, Contract Terms, Corporate Counsel, TCPA

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Zachary Hicks

How Michigan's New Assignment of Rents Act Affects Commercial Tenants

The Michigan Uniform Assignment of Rents Act (MUARA) will take effect on September 22, 2022, and has important implications for a tenant's rights. If a tenant's landlord defaults on its loan, to whom must the tenant pay rent,…more

Assignment of Rents (AOR), Commercial Leases, Commercial Property Owners, Commercial Tenants, Landlords

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Ashley Higginson

Michigan Supreme Court: Student-on-Student Harassment Not a Recognized Claim

Can a student harassed by another student bring a lawsuit against the school for allegedly creating a hostile environment under state law? On July 29, 2024, the Michigan Supreme Court answered no…more

Civil Rights Act, Harassment, Hostile Environment, MI Supreme Court, School Districts

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Maria Hiltunen

IRS Updates Guidance on Deductibility of Expenses Paid With PPP Loan Proceeds

The IRS recently released additional guidance about the tax treatment of expenses paid with proceeds of Paycheck Protection Program loans. The PPP loans are a COVID relief program enacted as part of the CARES Act…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, IRS

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Nhan Ho

Supreme Court Rejects Prejudice Requirement for Waiver of Arbitration Agreement

In Morgan v. Sundance, Inc., decided May 23, a unanimous Supreme Court addressed the standard for determining whether a party has waived its right to arbitrate a controversy by first engaging in litigation. Overruling decisions…more

Arbitration, Arbitration Agreements, Burden of Proof, Collective Actions, Delay Claims

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Michael Hodge

Miller Canfield Secures Court Order Stopping Enforcement of Law Barring Objectively Neutral Speech by Public Officials

On February 5, 2016, United States District Court Judge John Corbett O’Meara issued an Opinion and Order granting a preliminary injunction and blocking enforcement of §57(3) of the Michigan Campaign Finance Act, which barred…more

Ballot Measures, Campaign Finance Reform, Due Process, First Amendment, General Elections

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Jacob Hogg

Department Of Labor Amends The FFCRA’s Paid Leave Regulations to Clarify Workers’ Rights and Employers’ Responsibilities

On Friday, September 11, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced revisions to regulations regarding the paid sick leave and expanded family and medical leave provisions of the Families First…more

Department of Labor (DOL), Employer Responsibilities, Families First Coronavirus Response Act (FFCRA), Paid Leave, Sick Leave

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Brian Holt

Whose Risk? Impossibility and Frustration of Purpose in Michigan Leases

Following the COVID‑19 pandemic, many parties and jurisdictions grappled with how shutdown orders affected their private contract rights. Our commentary from March 2020 is still a good starting point for evaluating these issues…more

Business Interruption, Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms

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George Ryan Holton

Hotel Revenues Are "Rents" Under New Michigan Law

On June 24, 2022, Michigan passed the Michigan Uniform Assignment of Rents Act (MUARA). When it did, Michigan became the first state with a Uniform Assignment of Rents Act that expands the definition of "rents" to include hotel…more

Assignments, Hotels, Lenders, New Legislation, Rent

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Benjamin Holwerda

The End of Chevron: Administrative Power Shifts to the Courts

The United States Supreme Court has effectively vanquished the Chevron doctrine, which has governed the power of federal agencies to interpret federal statutes for the last 40 years. In recent years, the Chevron doctrine has…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Government Agencies

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Shawn Hopper

COVID-19: Federal Reserve’s Main Street Lending Program: What Businesses Need to Know to Prepare

On April 9, 2020, the Federal Reserve, acting under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and Section 13(3) of the Federal Reserve Act (12 USC §344), announced the creation of a new “Main Street…more

CARES Act, Coronavirus/COVID-19, Credit Facilities, Federal Reserve, Financial Stimulus

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Cara Houck

When do Secured Lenders Have to Pay for Operating Expenses?

Secured lenders whose commercial loans are in default often face a serious question: should they allow a commercial property’s expenses to be paid, potentially increasing their losses? Or should they minimize their immediate…more

Commercial Loans, Commercial Property Owners, Default, Lenders, Rent

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Spencer Hsu

Important Tax Changes Coming into Effect in Canada

The new year has brought with it some important tax changes for businesses and residential property owners in Canada…more

Canada, Corporate Taxes, Estate Tax, Income Taxes, Property Tax

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Paul Hudson

Thinking Ahead: Why You Should Consider Including an Appellate Lawyer on Your Trial Team

It may seem odd to have an appellate lawyer participate during a trial. But a new decision from the Michigan Court of Appeals shows that a second set of eyes, with a view toward appeal, can benefit both clients and lawyers at…more

Appeals, Litigation Strategies, Trial Preparation

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Joseph Huntzicker

Commercial Real Estate Market Projections, Influences, and Disrupters in 2019

Miller Canfield participated in the Commercial Real Estate Finance Council (CREFC) Winter Conference in Miami in January 2019. The conference offers a candid insider’s view that looks both backward and forward and has proven to…more

Collateralized Debt Obligations, Collateralized Loan Obligations, Commercial Real Estate Contracts, Commercial Real Estate Market, Complex Financial Products

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Joseph Infante

Michigan Expands Development District Liquor License Availability

A recently passed Michigan law will streamline access to liquor licenses in development districts and is expected to lower costs for hospitality industry businesses that invest in constructing or restoring buildings. …more

Liquor Licences, Real Estate Development, Zoning Laws

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Alexander Jerome

U.S. Export Controls and Sanctions Update: Russia, Belarus and Ukraine

Broad U.S. export controls and sanctions recently imposed on Russia, Belarus and specific areas of Ukraine may impact companies with international exposure to these regions, including but not limited to industries such as…more

Asset Freeze, Belarus, Biden Administration, Blocked Entities, Blocked Person

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Erica Jilek

California’s Valentine’s Day Gift to Employers: More Non-Competition Restrictions and Obligations

In October 2023, California’s Governor signed Assembly Bill (AB) 1076 making it unlawful to impose non-compete clauses on employees. The non-compete statute now makes clear that, when California law applies, almost all…more

Business & Professions Code, Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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Sydney Johnson

EEOC Issues Guidance on Caregiver Discrimination

Key Takeaways: ..Caregiver discrimination is not by itself unlawful under federal or Michigan law, but it can be when it is based on protected characteristics. ..Employment decisions based on gender stereotypes are…more

Americans with Disabilities Act (ADA), Caregivers, Coronavirus/COVID-19, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Amy Johnston

Property Owners: Don't Let Michigan's New Slip-and-Fall Case Law Trip You Up

All property owners and possessors should be aware of a new legal framework from the Michigan Supreme Court that changes how premises liability cases are litigated. Michigan courts have long held that premises owners generally…more

Bodily Injury, Dangerous Condition, Liability, MI Supreme Court, Negligence

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Barry Kaltenbach

Deep in the Heart of Texas: Court Blocks FTC Non-Compete Rule

On August 20, 2024, the United States District Court for the Northern District of Texas invalidated the FTC’s rule banning most non-compete agreements. Ryan LLC et al v. Federal Trade Commission, WL 3297524 (08/20/2024)…more

Administrative Authority, Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Q. Scott Kaye

Practice Pointer: When is an Agreement Enforceable Against a Bank?

The short answer is that an agreement is enforceable against a bank when the agreement is in writing and signed by the bank. But, the answer really depends on the jurisdiction involved…more

Banking Sector, Banks, Financial Institutions, Loan Agreements, Loans

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Candice Kennedy

Canadian Law: Make Sure Your Lease Isn't a Dealbreaker

When selling your business in Canada, you will face a long list of due diligence requests as the purchaser reviews all aspects of your business. If there is a lease, one key aspect of due diligence review will be the lease for…more

Acquisitions, Canada, Commercial Leases, Commercial Tenants, Contract Term

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Hailey Kersey

This is How We Use It: The Importance of Use in Canadian Trademark Law and Keeping Records of Use

In our previous article, Protecting Your Brand: A Primer on Canadian Trademarks, we touched upon the beginning stages of a trademark application and considerations such as, "Should I register my trademark?" and "Is the trademark…more

Canada, Expungement, Intellectual Property Protection, Trademark Registration, Trademarks

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Andrzej Kiedrzyn

Acquisition of real estate in Poland by a foreigner versus permanent residence

Pursuant to the Act of March 24, 1920 on the acquisition of real estate by foreigners: “Acquisition of real estate by a foreigner requires a permit. The permit is issued by way of an administrative decision by the minister of…more

EU, Foreign Nationals, Land Purchases, Lawful Permanent Residents, National Security

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Katlyn Koegel

IRS Announces 2023 Increases to Estate and Gift Tax Exclusions

The Internal Revenue Service recently announced the 2023 cost of living adjustments for the estate and gift tax exclusion amounts. Gift Tax Exclusion Amount: The annual gift tax exclusion is the amount ("Gift…more

Cost-of-Living Adjustment (COLA), Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

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Jacob Koering

A Worldwide First in AI Legal Developments: The European Union’s 2024 Artificial Intelligence Act

The European Union recently passed a sweeping law regulating corporations and business leaders with respect to artificial intelligence (AI). The first legislation of its kind, the EU Artificial Intelligence Act seeks to impose…more

Artificial Intelligence, Biden Administration, Compliance, Compliance Dates, Equal Employment Opportunity Commission (EEOC)

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Samantha Kopacz

IRS Issues Guidance on New Exceptions to 10% Additional Tax on Early Distributions from Retirement Plans

The Internal Revenue Code generally discourages retirement plan participants from requesting distributions from their retirement plan funds prior to age 59 ½ by imposing an additional 10% tax on those distributions. However, the…more

Benefit Plan Sponsors, Distribution Rules, IRS, New Guidance, Retirement Plan

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Anna Kowalczyk-Pogorzelska

Poland: Private Rented Sector - Mobility and Flexibility

A new, interesting trend of institutional rental (PRS) has appeared on the Polish real estate market, taken from the most developed markets in Europe, such as Germany, Switzerland and the Netherlands. In Poland, we are…more

Coronavirus/COVID-19, EU, Foreign Investment, Institutional Investors, Leases

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Timothy Kroninger

Supreme Court Adds New Wrinkle to Patent Inter Partes Review Proceedings, But Actual Impact Remains Unclear

A recent Supreme Court decision could add a new dimension to the patentability review process before the Patent Trial and Appeal Board. On June 21, 2021, the U.S. Supreme Court decided United States v. Arthrex, Inc., which…more

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

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Jeffrey LaBine

Cracks in the Corporate Transparency Act?

On March 1, 2024, an Alabama federal court declared the Corporate Transparency Act (CTA) unconstitutional—but only enjoined its enforcement as to the specific litigants. As described in our prior alerts, the CTA effectuates…more

Beneficial Owner, Commerce Clause, Constitutional Challenges, Corporate Transparency Act, FinCEN

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Emily Ladd

Third Circuit Holds That an Arbitration Award Was a Judicial Record and Must Be Unsealed

People often agree to arbitrate their disputes because they presume that, unlike litigation, the proceedings will be confidential. An increasing number of court decisions suggest that this presumption may be unwarranted…more

Appeals, Arbitration, Arbitration Awards, Confidential Information, Corporate Counsel

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Scott Lesser

Cracks in the Corporate Transparency Act?

On March 1, 2024, an Alabama federal court declared the Corporate Transparency Act (CTA) unconstitutional—but only enjoined its enforcement as to the specific litigants. As described in our prior alerts, the CTA effectuates…more

Beneficial Owner, Commerce Clause, Constitutional Challenges, Corporate Transparency Act, FinCEN

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Gregory Lewis

Strong Headwinds for the USPTO’s Terminal Disclaimer Proposal

The United States Patent and Trademark Office (USPTO) is facing vigorous backlash to its proposal to change terminal disclaimer practice used in patent applications and, not so subtly, discourage the use of continuation…more

Double Patent, NPRM, Obviousness, Patents, Proposed Rules

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Ronald Liscombe

Operating Cash-Flow Borrowing Options for Michigan Public School

As Michigan public schools prepare their 2024-2025 budgets, schools should be aware of the short-term borrowing options available to cover their projected operating cash-flow shortfalls…more

Education Budget, Funding, Line of Credit, Public Schools, School Districts

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Mark Maki

COVID-19: Patent and Trademark Office Updates as of June 8, 2020

Miller Canfield is actively tracking the current status of operations of numerous Patent and Trademark Offices (PTOs) around the world in the light of the novel coronavirus (COVID-19) pandemic. Below is a chart that shows the…more

Coronavirus/COVID-19, Patents, Trademarks

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Steven Mann

Michigan Adopts New Prevailing Wage Requirements for Public School Construction Projects

Michigan’s new Prevailing Wage for State Projects Act (the “Act”) became effective on February 13, 2024, and is substantially similar to a prior statutory prevailing wage requirement which was repealed in 2018. The Act…more

Construction Industry, Construction Project, Construction Workers, Contractors, Prevailing Wages

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Konrad Marciniuk, Ph.D.

REITS May Soon be Coming to Poland

Poland’s Ministry of Finance published a draft bill which would authorize the establishment and operation of Polish Real Estate Investment Trusts (Spólki Rynku Wynajmu Nieruchomosci) in Poland. At this stage, the proposal has…more

Institutional Investment, Investors, Poland, REIT

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Anita Marinelli

In Music Copyright Row, The Supreme Court Remixes the Three-Year Limit on Copyright Damage Claims

On May 9, 2024, the U.S. Supreme Court held the Copyright Act entitles a copyright owner to obtain damages for a timely infringement claim, even if the infringement occurred prior to the Copyright Act's three-year statute of…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Intellectual Property Litigation

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Christina Marshall

NHTSA Finalizes Amended Rule on Child Restraint Systems

In December 2023, the National Highway Traffic Safety Administration (“NHTSA”) announced it had finalized amendments to Federal Motor Vehicle Safety Standard (“FMVSS”) 213 regarding child restraint systems (“CRS”)…more

Amended Rules, Automotive Industry, Final Rules, FMVSS, Manufacturers

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Emilia May

Important European Court Ruling On Personal Data Transfer To The U.S.

On July 16, 2020, the Court of Justice of the European Union delivered its decision in Data Protection Commissioner v. Facebook Ireland Ltd. and Maximillian Schrems, which invalidated EU Commission Decision 2016/1250 (the "2016…more

Court of Justice of the European Union (CJEU), Data Protection Authority, EU, EU-US Privacy Shield, European Commission

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Ahmad Mazloum

Protecting Your Brand: Using DMCA Takedown Notices to Obtain Jurisdiction Over Anonymous Copycat Infringers

A common problem for intellectual property owners in the age of e-commerce is trying to unmask the identity of anonymous infringers to get the infringing activity to stop. Even if a brand owner is successful in unmasking the…more

Copyright, Copyright Infringement, Corporate Branding, DMCA, Intellectual Property Protection

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Kurt McCamman

Governor Whitmer Extends Authorization for Public Bodies to Meet Remotely

On April 14, 2020, Governor Gretchen Whitmer issued Executive Order 2020-48 (the "Order"), extending the ability of public bodies to conduct remote public meetings through May 12, 2020. The Order rescinds Executive Order 2020-15…more

Coronavirus/COVID-19, Executive Orders, Governor Whitmer, Public Meetings, Virtual Meetings

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Donovan Cheff McCarty

Standard & Poor’s Increases Credit Rating for the State of Michigan from AA- to AA

On July 24, 2018, Standard & Poor's raised its credit rating for the State of Michigan's general obligation bonds from AA- to AA. This upgrade will affect bonds issued by local governments that benefit from State credit…more

Bonds, Credit Ratings, Government Bonds, S&P

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Marcus McCray

NLRB Provides Final Rule Clarifying Joint-Employer Status

The National Labor Relations Board (NLRB) issued its final rule on joint-employer status after engaging in notice-and-comment rulemaking for more than five months. The rule overturns the NLRB's 2015 decision in Browning Ferris…more

Browning-Ferris Industries of California Inc., Control Test, Franchises, Joint Employers, NLRA

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Michael McGee

Michigan Legislature Passes Package of Bills Implementing Proposal 2

At the November 2022 state general election, Michigan voters overwhelmingly approved a voting rights constitutional amendment known as Proposition 2022-2 (“Prop 2”). Prop 2 enshrined in the Michigan Constitution the right to…more

Administrative Procedure, Constitutional Amendment, State and Local Government, State Constitutions, Voting Rights

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Patrick McGow

Michigan Emergency Services Authorities Authorized to Incur Debt for Capital Projects and Equipment

On June 15, 2022, Michigan Governor Gretchen Whitmer signed legislation amending Act 57, Public Acts of Michigan, 1988 (“Act 57"), to authorize an emergency services authority, established under Act 57 by municipalities to…more

Emergency Response, Financing, Fire Departments, First Responders, Government Bonds

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Jeffrey McHugh

The Impact of Tax Reform on Michigan Municipalities and School Districts

The U.S. House and Senate have approved the reconciled tax reform bill that was reported out of the House and Senate Conference Committee last week. The bill was passed on Dec. 20, 2017, and has been sent to the President for…more

Municipal Bonds, Municipalities, Public Schools, SALT, Tax Reform

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David McNevin

New Employment and Labour Changes with "Making Ontario Open for Business Act"

Bill 47, also called the "Making Ontario Open for Business Act," was passed and given royal assent on November 21, 2018. This new act relaxes demands on employers by repealing or altering many of the changes that came into…more

Amended Legislation, Canada, Employment Policies, Fair Work Act, Labour Code

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Tomasz Mielko

Corporate Aviation: Impact of Sanctions in Response to Russia's Invasion of Ukraine

In the wake of Russia's military invasion of Ukraine, several countries, starting with the 27 member states of the European Union and followed by the United States, Canada, Switzerland and Norway, have implemented restrictions…more

Aircraft, Biden Administration, Department of Transportation (DOT), Economic Sanctions, EU

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Tomasz Milewski

Poland: Deviation from technical building requirements

Deviation from technical building requirements Under Article 5, paragraph 1 of the Construction Law of 7 July 1994 (consolidated text: Journal of Laws 2021, item 2351, henceforth “CL”), all construction projects must be…more

Construction Industry, Construction Project, General Contractors, Poland, Regulatory Standards

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Sonal Hope Mithani

A Worldwide First in AI Legal Developments: The European Union’s 2024 Artificial Intelligence Act

The European Union recently passed a sweeping law regulating corporations and business leaders with respect to artificial intelligence (AI). The first legislation of its kind, the EU Artificial Intelligence Act seeks to impose…more

Artificial Intelligence, Biden Administration, Compliance, Compliance Dates, Equal Employment Opportunity Commission (EEOC)

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Barbara Moore

OSHA Issues Emergency Temporary Standard Requiring Mandatory Vaccination or Testing of Private Sector Workers for COVID-19

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) revealed its Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing, which has been published in the Federal Register and is effective…more

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

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Michael Moore

Don’t Let the Signs Fool You, The Courts Are Open and Rendering Justice

Many of the state and federal courthouses in Michigan, Illinois, Indiana and Ohio are not open to attorneys or to other members of the public, with some exceptions. While the signs may say “Closed, Do Not Enter;” the courts are…more

Coronavirus/COVID-19, Court Closures, Court Schedules, State Courts

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Robert Murkowski

New Michigan Supreme Court Ruling: A Must-Read for All Automotive and Manufacturing Companies

Many "blanket" supply agreements in the automotive and other industries provide that the buyer will specify the quantity to be delivered only by issuing periodic "releases." On July 11, the Michigan Supreme Court held for the…more

Automotive Industry, Manufacturers, MI Supreme Court, Statute of Frauds, Uniform Commercial Code (UCC)

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Matthew Neale

Temporary Reauthorization Expected for EB-5 Regional Center Program

The EB-5 Regional Center Program is set to sunset on September 30, 2015, at close of the federal fiscal year. Temporary funding legislation introduced in Congress to fund the Federal Government through December 11, 2015,…more

EB-5, Federal Funding, Regional Centers, Targeted Employment Area

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Kristin Nied

Congressional Tax Bills Threaten Tax-Exempt Bonds for Non-Profit Hospitals

As the Senate continues to work to modify the House version of a sweeping tax reform bill, non-profit hospitals face having to pay higher interest rates to borrow if certain types of tax-exempt bonds are eliminated. The U.S…more

Bond Financing, Non-Profit Hospitals, Proposed Legislation, Tax Exempt Entities, Tax-Exempt Bonds

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Megan Norris

Michigan Supreme Court Revives Voter-Initiated Minimum Wage, Sick Leave Laws

On July 31, 2024, the Michigan Supreme Court revived two 2018 voter-initiated laws aimed at increasing the state’s minimum wage and expanding earned sick time for workers…more

Employee Benefits, MI Supreme Court, Minimum Wage, Paid Sick Leave, State Labor Laws

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Gregory Nowak

IRS Expands ERC Voluntary Disclosure Program to Employers Who Already Received Their Checks

As previously reported by Miller Canfield, in October 2023 the IRS launched a withdrawal program for Employee Retention Credit (ERC) claims for employers who now doubt the validity of their claim. Unfortunately, employers who…more

Employee Retention, IRS, Refunds, Repayment Options, Tax Credits

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Samuel Nuxoll

Estate Planning During the COVID-19 Pandemic

Governor Whitmer signed Michigan Executive Order No 2020-41 on April 8, 2020, allowing the use of virtual platforms to "enable and encourage the use of electronic signatures, remote notarizations, remote witness attestations and…more

Coronavirus/COVID-19, E-Signatures, Estate Planning, Governor Whitmer, Notarization

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Magdalena Olkiewicz-Borkowska

Recent Developments in Data Privacy Laws Impacting U.S. Companies

American companies should take notice of some important developments in data privacy laws in the U.S. and in the European Union. California Privacy Rights Act - On November 3, 2020, California voters approved the…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Data Controller, Data Privacy, Data Processors

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Loren Opper

Why Shouldn’t Equitable Tolling Apply to the Federal Tax Refund Look-Back Period?

In Libitzky v. United States, the United States Court of Appeals for the Ninth Circuit affirmed disallowance of a $700,000 federal income tax refund claim. The court said that this was an “unfortunate” case, but they were bound…more

Equitable Tolling, Income Taxes, Limitation Periods, Look-Back Measurement Period, Tax Court

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Charles Oxender

Supreme Court Upholds Authority of Michigan School Districts to Ban Firearms on School Property and at School Functions

On Friday, July 27, 2018, the Michigan Supreme Court upheld the authority of Michigan school districts to ban firearms on school property and at school functions. The Court held that while the Legislature has the power to…more

Firearms, MI Supreme Court, Preemption, Public Schools, School Districts

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Jessica Paglia

Fighting Against Forced Labour and Child Labour in Supply Chains

The Fighting Against Forced Labour and Child Labour in Supply Chains Act will take effect on January 1, 2024, requiring certain organizations in Canada that are involved in the production or distribution of goods to submit a…more

Child Labor, Designated Agent, Distributors, Enforcement, Forced Labor

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A. Michael Palizzi

New Michigan Supreme Court Ruling: A Must-Read for All Automotive and Manufacturing Companies

Many "blanket" supply agreements in the automotive and other industries provide that the buyer will specify the quantity to be delivered only by issuing periodic "releases." On July 11, the Michigan Supreme Court held for the…more

Automotive Industry, Manufacturers, MI Supreme Court, Statute of Frauds, Uniform Commercial Code (UCC)

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Samuel Parks

A Remittance to the IRS May Not Always Operate as Intended

A taxpayer against whom the IRS determines—not "assesses" but "determines"—a tax deficiency must decide whether to make a remittance to the IRS and if so, whether the remittance is to be treated as a "deposit" or as a "payment"…more

Income Taxes, IRS, Tax Liability, Tax Penalties

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Jessica Pask

Form I-9 Remote Inspection Flexibility Ends August 31, 2021

Employers preparing for return to in-person work should review any Form I-9 completed during COVID-19. The temporary policies for Form I-9 compliance in effect since March 20, 2020, will expire on August 31. (Temporary Policies…more

Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Deadlines, E-Verify, Employer Liability Issues

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Jeffrey Patterson

Key Takeaways from Ontario's Working for Workers Act Four, 2023

In November 2023, the Government of Ontario passed Bill 149, the Working for Workers Four Act, 2023 (the “Act”). The Act places new obligations and prohibitions on employers, and intends to strengthen Ontario’s employee…more

Canada, Digital Platforms, Employee Rights, Employment Standards Act, Hiring & Firing

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Manuel Placencia Jr.

Illinois Supreme Court Disallows Implied Warranty Claims by Owners Against Subcontractors

The Illinois Supreme Court has overturned over thirty years of precedent in holding that property owners cannot sue subcontractors for implied warranty of habitability claims. Courts have long held that owners receive implied…more

Construction Contracts, Construction Defects, Construction Industry, General Contractors, IL Supreme Court

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L. Steven Platt

Major Changes in Background Checks, Equal Pay Reporting for Illinois Employers

On March 23, 2021, Illinois Governor J.B. Pritzker signed into law Senate Bill (SB) 1480, amending the Illinois Human Rights Act and Illinois Equal Pay Act. SB 1480 greatly limits use of criminal background checks in employment…more

Background Checks, Criminal Background Checks, Equal Pay, Governor Pritzker, Hiring & Firing

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Sarah Reasoner

FTC and DOJ Emphasize Companies’ Duty to Preserve Ephemeral Messaging and Data on Collaboration Platforms in Updated Guidance

The Federal Trade Commission and United States Department of Justice recently released new guidance on preservation of electronically stored information from ephemeral messaging tools and collaboration platforms like Slack,…more

Collaboration, Compliance, Data Preservation, Department of Justice (DOJ), Discovery

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Edward Rice

An Online Patent Enforcement Strategy That is Immune to the COVID-19 Pandemic

The COVID-19 pandemic has wreaked havoc on brick and mortar businesses. Consumers, confined to their homes, have flocked to online markets, where products offered by patent owners often compete with infringing products from…more

Amazon, Amazon Marketplace, Coronavirus/COVID-19, Court Closures, Court Schedules

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Wendolyn Wrosch Richards

California’s Valentine’s Day Gift to Employers: More Non-Competition Restrictions and Obligations

In October 2023, California’s Governor signed Assembly Bill (AB) 1076 making it unlawful to impose non-compete clauses on employees. The non-compete statute now makes clear that, when California law applies, almost all…more

Business & Professions Code, Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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Jeffrey Richardson

USTR Starts New Section 301 Tariffs: Be Prepared

Importers must act swiftly to prepare for new Section 301 tariffs which can apply as soon as August 1, 2024, and for exclusions that expire as soon as June 14, 2024. As predicted in our recent alert USTR May Triple the Existing…more

China, Federal Register, Importers, Imports, Section 301

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Steven Roach

In Purdue Pharma, Supreme Court Rules That Nonconsensual Releases Are A Nonstarter

On June 27, 2024, the United States Supreme Court issued its long-awaited opinion in Harrington v. Purdue Pharma L.P., holding that the Bankruptcy Code does not permit nonconsensual releases of nondebtors. As a refresher,…more

Bankruptcy Code, Bankruptcy Plans, Chapter 11, Commercial Bankruptcy, Debtors

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Kamil Robakiewicz

Michigan Legislature Paves Way for College Athletes to Get Paid for Use of Their Name or Likeness

On December 16, 2020, the Michigan Senate passed bills designed to allow college athletes to receive compensation for the use of their names, images, or likeness rights. House Bill 5217 would make it unlawful for colleges or…more

College Athletes, Colleges, Compensation, Name and Likeness, NCAA

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Sydney Rohlicek

Department of Labor Announces Final Overtime Rule - April 2024

On April 23, 2024, the Department of Labor (DOL) announced the final version of a rule that will significantly increase the annual salary threshold required to classify employees as exempt under the Fair Labor Standards Act…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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Stephen Rohr

Michigan’s Uniform Power of Attorney Act Goes into Effect Today

The Uniform Power of Attorney Act (“UPOAA”) was signed into law by Michigan Governor Gretchen Whitmer on November 7, 2023. Taking effect on July 1, 2024, the UPOAA repeals and replaces the durable power of attorney provisions in…more

Estate Planning, Form Documents, Governor Whitmer, Power of Attorney, Wills

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Steven Rotunno

2024 Regulatory Update for Investment Advisers

In 2023, the Securities and Exchange Commission issued various proposed rules on regulatory changes that will affect SEC-registered investment advisers (RIAs). Since these rules are likely to be put into effect, RIAs should…more

Analytics, Conflicts of Interest, Custody Rule, Cybersecurity, Investment Adviser

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Sean Rucker

Michigan Election Law Reform: Status of the 2021 Michigan Election Reform Package

The Michigan Senate introduced a 39-bill reform package (later expanded) on March 24, 2021 “to ensure transparency, integrity, and confidence in Michigan’s election process.” The bills have received much attention and triggered…more

Election Laws, Governor Vetoes, Governor Whitmer, New Legislation, Proposed Legislation

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Rafael Ruiz-Ayala

2024 Regulatory Update for Investment Advisers

In 2023, the Securities and Exchange Commission issued various proposed rules on regulatory changes that will affect SEC-registered investment advisers (RIAs). Since these rules are likely to be put into effect, RIAs should…more

Analytics, Conflicts of Interest, Custody Rule, Cybersecurity, Investment Adviser

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Piotr Rusin

Poland Authorizes a New Type of Corporate Entity: The "Simple Joint Stock Company"

In an effort to promote startups and encourage investment in emerging companies, the Polish government has amended the Polish Commercial Companies Code to allow for a new and exciting type of business entity: the simple joint…more

Corporate Entities, Corporate Governance, Joint Stock Companies, Poland, Shareholders

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Jennifer Sabourin

U.S. Supreme Court Raises the Bar for Employers in Religious Accommodation Cases

On June 29, 2023, the U.S. Supreme Court issued a unanimous decision clarifying the standard for determining whether employees’ religious accommodation requests impose an undue hardship on employers…more

Civil Rights Act, De Minimus Doctrine, Groff v DeJoy, Religious Accommodation, Religious Discrimination

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Kenneth Sachs

DOL Issues Groundbreaking Fiduciary Investment Rules

Do you have investments in a retirement plan or IRA, or are you a retirement plan fiduciary or provide investment services to a retirement plan or IRA? On April 6, 2016, the Department of Labor (DOL) released its…more

Conflicts of Interest, Department of Labor (DOL), Fiduciary Duty, Final Rules, Individual Retirement Account (IRA)

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Marina Saito

An Online Patent Enforcement Strategy That is Immune to the COVID-19 Pandemic

The COVID-19 pandemic has wreaked havoc on brick and mortar businesses. Consumers, confined to their homes, have flocked to online markets, where products offered by patent owners often compete with infringing products from…more

Amazon, Amazon Marketplace, Coronavirus/COVID-19, Court Closures, Court Schedules

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Reshma Sambare

COVID-19: Michigan Governor Gretchen Whitmer Lifts Restrictions on Construction Work

Michigan Gov. Gretchen Whitmer signed an executive order on May 1, 2020, making residential and commercial construction among the first sectors of the economy to reopen as the state gradually lifts its stay-at-home orders. The…more

Construction Industry, Coronavirus/COVID-19, Executive Orders, Governor Whitmer, Re-Opening Guidelines

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Katarzyna Sasiak

Poland: Sale of real estate by means of electronic auction

The Act of May 28, 2021 amends the Code of Civil Procedure and certain other acts (Journal of Laws of 2021, item 1090). In addition to controversial changes regarding the existing rules for handling cases in civil, criminal and…more

Amended Rules, Internet Auctions, Poland, Real Estate Transactions, Real Estate Transfers

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Larry Saylor

The End of Chevron: Administrative Power Shifts to the Courts

The United States Supreme Court has effectively vanquished the Chevron doctrine, which has governed the power of federal agencies to interpret federal statutes for the last 40 years. In recent years, the Chevron doctrine has…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Government Agencies

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David Schaffer

¿Podría el Presidente Trump sacar a los Estados Unidos del TLCAN? Preguntas frecuentes básicas.

Durante su campaña para presidente, el Presidente-Electo Trump prometió repetidamente renegociar el TLCAN e imponer un arancel del 35 por ciento sobre las importaciones procedentes de México y un arancel aun mayor a las…more

Free Trade Agreements, Mexico, NAFTA, Tariffs, Trade Policy

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Paula Schneider

Bad Dog! SCOTUS Sides with Jack Daniel’s in Trademark Fight Over “Poop-Themed” Dog Toy

The United States Supreme Court unanimously sided with Jack Daniel’s in a trademark infringement dispute with dog toy manufacturer VIP Products over a poop-themed, chewy dog toy, in Jack Daniel’s Properties, Inc. v. VIP Products…more

Dilution, First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act

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Brian Schwartz

Deep in the Heart of Texas: Court Blocks FTC Non-Compete Rule

On August 20, 2024, the United States District Court for the Northern District of Texas invalidated the FTC’s rule banning most non-compete agreements. Ryan LLC et al v. Federal Trade Commission, WL 3297524 (08/20/2024)…more

Administrative Authority, Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Kimberly Scott

Business Groups Challenge New FTC Rule Prohibiting Noncompete Agreements

On April 23, the Federal Trade Commission adopted a near-total ban on noncompete agreements, with limited exceptions. The following day, the U.S. Chamber of Commerce and other business groups sued, seeking to block the rule from…more

Chamber of Commerce, Confidential Information, Constitutional Challenges, Employment Contract, Federal Bans

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M. Misbah Shahid

7th Circuit Becomes First Appellate Court To Extend Title VII Protection To Sexual Orientation

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit, sitting en banc, issued a landmark opinion becoming the first appellate court to hold that Title VII of the Civil Rights Act prohibits discrimination…more

Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), LGBTQ, Price Waterhouse, Sex Discrimination

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Phillip Shane

Business Groups Challenge New FTC Rule Prohibiting Noncompete Agreements

On April 23, the Federal Trade Commission adopted a near-total ban on noncompete agreements, with limited exceptions. The following day, the U.S. Chamber of Commerce and other business groups sued, seeking to block the rule from…more

Chamber of Commerce, Confidential Information, Constitutional Challenges, Employment Contract, Federal Bans

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Julianne Cassin Sharp

UPDATED/Employers: Planning for the Fiscal Year 2025 H-1B Cap and Registration Process Begins Now - Changes in Effect

UPDATE: Employers should be advised that USCIS has extended the H-1B CAP registration period for FY2025. The registration period was initially set to close at 12:00 pm EST on March 22, 2024, but has now been extended to 12:00…more

Filing Deadlines, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, Registration Requirement

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Kurt Sherwood

Employer Impact of Revisions to Paid Medical Leave Act

As anticipated, the Michigan Legislature has revised and Governor Snyder has signed the "Earned Sick Time Act" and retitled it the "Paid Medical Leave Act" ("the Act"). Below are some of the key provisions of the Act…more

Amended Legislation, Earned Sick Time, Employee Rights, Paid Sick Leave Act, Sick Leave

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Jennifer Shilson

Protecting Your Brand: A Primer on Canadian Trademarks

Business owners will occasionally express a desire to protect their brand without much knowledge as to the purpose of a trademark or the intricacies involved in the trademark application process. What is a…more

Canada, Corporate Branding, Intellectual Property Protection, Trademark Application, Trademark Registration

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Michael Simoni

Thinking Ahead: Why You Should Consider Including an Appellate Lawyer on Your Trial Team

It may seem odd to have an appellate lawyer participate during a trial. But a new decision from the Michigan Court of Appeals shows that a second set of eyes, with a view toward appeal, can benefit both clients and lawyers at…more

Appeals, Litigation Strategies, Trial Preparation

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Gergana Sivrieva

Foreclosure Does Not Extinguish Assignment of Rents

Previously, we alerted you that Michigan had passed its version of the Uniform Assignment of Rents Act (MUARA). Among other things, this law clarifies that an assignment of rents is not extinguished by a foreclosure sale itself,…more

Assignment of Rents (AOR), Commercial Property Owners, Foreclosure, Lenders, Right of Redemption

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Timothy Sochocki

Congressional Tax Bills Threaten Tax-Exempt Bonds for Non-Profit Hospitals

As the Senate continues to work to modify the House version of a sweeping tax reform bill, non-profit hospitals face having to pay higher interest rates to borrow if certain types of tax-exempt bonds are eliminated. The U.S…more

Bond Financing, Non-Profit Hospitals, Proposed Legislation, Tax Exempt Entities, Tax-Exempt Bonds

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Tom Soehl

A Non-Party to An Arbitration Can Be Compelled to Give Testimony and Produce Documents

Can a court compel you to give testimony and produce documents in an arbitration where you are not even a party? In the United States, the answer is yes…more

Arbitration, Compelled Testimony, Discovery, Document Productions, Non-Parties

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Ronald Spinner

In Purdue Pharma, Supreme Court Rules That Nonconsensual Releases Are A Nonstarter

On June 27, 2024, the United States Supreme Court issued its long-awaited opinion in Harrington v. Purdue Pharma L.P., holding that the Bankruptcy Code does not permit nonconsensual releases of nondebtors. As a refresher,…more

Bankruptcy Code, Bankruptcy Plans, Chapter 11, Commercial Bankruptcy, Debtors

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Steven Stankewicz

Michigan Remote Electronic Notarization Law

A new Michigan law may streamline real estate transactions by allowing remote electronic notarization. The law, Act 330 of 2018, was signed by Gov. Rick Snyder on June 28, 2018. It amends the Michigan Notary Public Act and…more

New Regulations, Notary Certificates, Real Estate Transactions, Title Companies

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Marc Swanson

In Purdue Pharma, Supreme Court Rules That Nonconsensual Releases Are A Nonstarter

On June 27, 2024, the United States Supreme Court issued its long-awaited opinion in Harrington v. Purdue Pharma L.P., holding that the Bankruptcy Code does not permit nonconsensual releases of nondebtors. As a refresher,…more

Bankruptcy Code, Bankruptcy Plans, Chapter 11, Commercial Bankruptcy, Debtors

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Alan Szuma

Operating Cash-Flow Borrowing Options for Michigan Public School

As Michigan public schools prepare their 2024-2025 budgets, schools should be aware of the short-term borrowing options available to cover their projected operating cash-flow shortfalls…more

Education Budget, Funding, Line of Credit, Public Schools, School Districts

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Trent Taylor

Strategies to Reduce the Impact of the New SBA Procedural Notice on the Rights of a Secured Lender

In the SBA Procedural Notice dated October 2, 2020 (the “Approval Notice”), the Small Business Administration (“SBA”) has issued mandates that may impact the ability of a recipient of a Paycheck Protection Program (“PPP”) loan…more

Acquisitions, CARES Act, Change in Control, Change in Ownership, Coronavirus/COVID-19

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Thomas C.M. Turner

Hague Convention on Choice of Court Agreements Treaty Entered Into Force

On October 1, 2015, the Hague Convention on Choice of Court Agreements treaty entered into force, binding Mexico and all of the members of the European Union with the exception of Denmark. The United States and Singapore have…more

Choice of Court Agreements Treaty, EU, Forum Selection, Hague Convention, Mexico

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Lance Tyson

Illinois Open Meetings Act Amended to Allow Meetings Without A Physical Quorum

On June 12, 2020, Illinois Governor J.B. Pritzker signed into law Public Act 101-0640 which, among other matters, amends Section 7 of the Open Meetings Act to allow meetings of members of a public body subject to the Act to…more

Amended Legislation, Coronavirus/COVID-19, Governor Pritzker, Open Meetings Act, Public Entities

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Jerry Udell

Temporary Relocation Warranty to be Implemented by Tarion

Tarion, the consumer protection organization which oversees builder warranties for new homes built in Ontario, is formalizing a Temporary Relocation Warranty (“TRW”). The TRW will provide mandatory compensation for owners of…more

Home Warranties, Homeowners, New Regulations, Warranties

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Nancy Valentine

Practice Pointer: Review Your Loan File Now to Avoid Problems Later

When a loan becomes distressed, it is essential for the secured lender to conduct a file review to determine if there are any deficiencies that need to be addressed. If deficiencies are not addressed, the lender’s collateral…more

Collateral, Commercial Bankruptcy, Lenders, Perfected Security Interest, Risk Management

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Amanda Van Dusen

Operating Cash-Flow Borrowing Options for Michigan Public School

As Michigan public schools prepare their 2024-2025 budgets, schools should be aware of the short-term borrowing options available to cover their projected operating cash-flow shortfalls…more

Education Budget, Funding, Line of Credit, Public Schools, School Districts

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Xuanzhong Wang Van Oosterhout

COVID-19: Michigan Governor Gretchen Whitmer Lifts Restrictions on Construction Work

Michigan Gov. Gretchen Whitmer signed an executive order on May 1, 2020, making residential and commercial construction among the first sectors of the economy to reopen as the state gradually lifts its stay-at-home orders. The…more

Construction Industry, Coronavirus/COVID-19, Executive Orders, Governor Whitmer, Re-Opening Guidelines

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John Van Slambrouck

IRS Announces 2023 Increases to Estate and Gift Tax Exclusions

The Internal Revenue Service recently announced the 2023 cost of living adjustments for the estate and gift tax exclusion amounts. Gift Tax Exclusion Amount: The annual gift tax exclusion is the amount ("Gift…more

Cost-of-Living Adjustment (COLA), Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

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Carson Veach

Legal Consequences to Consider Before Raising Prices

Businesses routinely raise their prices in response to changing economic conditions and competition. Now might be a particularly dangerous time to raise prices without careful consideration of the legal consequences of pricing…more

Antitrust Violations, Coronavirus/COVID-19, Executive Orders, Federal Trade Commission (FTC), Price Gouging

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Joseph Vernon

Nike Strikes Back Against Kawhi Leonard Over Logo Lawsuit

What a month and a half it has been for the former King of the North. He led the Toronto Raptors on an improbable run to the 2019 NBA Championship and captured the heart of a nation. He led a Toronto news helicopter on a…more

Athletes, Contract Terms, Copyright, Copyright Infringement, Copyright Litigation

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Haley Wadel

USTR Starts New Section 301 Tariffs: Be Prepared

Importers must act swiftly to prepare for new Section 301 tariffs which can apply as soon as August 1, 2024, and for exclusions that expire as soon as June 14, 2024. As predicted in our recent alert USTR May Triple the Existing…more

China, Federal Register, Importers, Imports, Section 301

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Richard Walawender

Preparing for Cyberattacks and Limiting Liability

The U.S. government and military experts have been warning U.S. companies that Russia may launch significant cyberattacks against critical infrastructure, financial institutions and businesses in retaliation for the sanctions…more

California Consumer Privacy Act (CCPA), Critical Infrastructure Sectors, Cyber Attacks, Cyber Insurance, Cybersecurity

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Peter Waldmeir

Sixth Circuit: Calls to Prior Customers Violates TCPA

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

Class Action, Contract Termination, Contract Terms, Corporate Counsel, TCPA

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G. Alan Wallace

Temporary Reauthorization Expected for EB-5 Regional Center Program

The EB-5 Regional Center Program is set to sunset on September 30, 2015, at close of the federal fiscal year. Temporary funding legislation introduced in Congress to fund the Federal Government through December 11, 2015,…more

EB-5, Federal Funding, Regional Centers, Targeted Employment Area

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Lu (Kevin) Wang

U.S. District Court Sets Aside DHS and DOL H-1B Wage Rules

In Chamber of Commerce, et al., v. DHS, et al., the U.S. District Court in California has set aside an interim final rule significantly altering prevailing wages to be paid to certain temporary and permanent foreign workers…more

Administrative Procedure Act, Coronavirus/COVID-19, Department of Homeland Security (DHS), Department of Labor (DOL), Good Cause

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Shusheng Wang

US Issues Final Regulations on FEOC Exclusions from Clean Vehicle Credit

On May 6, 2024, the U.S. Department of the Treasury (Treasury) and Internal Revenue Service (IRS) published final regulations (Final Regulations) regarding clean vehicle tax credits under Internal Revenue Code sections 25E and…more

Climate Change, Controlled Foreign Corporations, Department of Energy (DOE), Electric Vehicles, Final Rules

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Yanping Wang

Biden Executive Order Strengthens and Expands U.S. Sanctions on Chinese Military Companies

President Biden has signed an Executive Order effective August 2, 2021, affirming and expanding U.S. policy restricting the purchase and sale of publicly traded securities of listed Chinese companies with a nexus to China's…more

Biden Administration, China, Defense Sector, Economic Sanctions, Executive Orders

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Richard Warren

Department of Labor Announces Final Overtime Rule - April 2024

On April 23, 2024, the Department of Labor (DOL) announced the final version of a rule that will significantly increase the annual salary threshold required to classify employees as exempt under the Fair Labor Standards Act…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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Jerome Watson

Miller Canfield Secures Court Order Stopping Enforcement of Law Barring Objectively Neutral Speech by Public Officials

On February 5, 2016, United States District Court Judge John Corbett O’Meara issued an Opinion and Order granting a preliminary injunction and blocking enforcement of §57(3) of the Michigan Campaign Finance Act, which barred…more

Ballot Measures, Campaign Finance Reform, Due Process, First Amendment, General Elections

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Glenn Weinstein

Impact of American Rescue Plan Act on State and Local Governments

On March 11, 2021, President Joe Biden signed the American Rescue Plan Act of 2021 ("ARPA"), which contains $1.9 trillion in overall national spending to support relief and economic recovery efforts. ARPA provides a total of…more

American Rescue Plan Act of 2021, Biden Administration, Coronavirus/COVID-19, Economic Stimulus, Federal Funding

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Howard Weissman

Abraham Accords Alter the Impact of U.S. Antiboycott Laws on Companies Doing Business in the UAE

In September 2020, the United Arab Emirates, Israel and the U.S. signed the Abraham Accords, establishing diplomatic and commercial relations between the UAE and Israel. In August 2020, the UAE issued Federal Decree-Law No. 4 of…more

Abraham Accords Peace Agreement, Antiboycott Requirements, Boycotts, Bureau of Industry and Security (BIS), Compliance

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Sherri Wellman

New Legislation Puts Michigan on the Fast Track to Renewable, Clean Energy

On Nov. 28, 2023, Michigan Governor Gretchen Whitmer signed into law energy legislation passed by the House and Senate earlier this month. The law will address Governor Whitmer’s 2023 “MI Healthy Climate” initiative, and make…more

Clean Energy, Climate Change, Compliance, Compliance Dates, Energy Projects

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John Willems

COVID-19: Continuity of Learning for K-12 Students under Executive Order 2020-35

As anticipated, on April 2, 2020, Governor Whitmer issued Executive Order 2020-35 (the “Order”) regarding the provision of K-12 education in Michigan for the remainder of the 2019-20 school year. The 17-page order, in short,…more

Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Department of Education, Emergency Response, Executive Orders

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James Woolard

Supreme Court Holds that Where Two Contracts Conflict on the Issue of Arbitrability, Courts - Not Arbitrators - Decide Which Contract Controls

When there are two conflicting contracts—one requiring a court to address whether a case should be decided by arbitration or court action, and another requiring an arbitrator to address that issue—who decides which contract…more

Arbitration, Coinbase, Coinbase Inc v Suski et al, Contract Disputes, Contract Drafting

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Lana Yaghi

Doing Business in Qatar: How to Comply with the QFC Beneficial Ownership Procedures

Like many jurisdictions around the world, the Qatar Financial Centre (QFC) has established compliance procedures that require legal entities registered or formed in the QFC to identify their ultimate beneficial owners (UBO). The…more

Anti-Money Laundering, Beneficial Owner, Compliance, Disclosure Requirements, Money Laundering

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Robert Zielinski

NLRB Issues New Rules on Union Representation

On August 1, 2024, the National Labor Relations Board is set to roll out its Fair Choice-Employee Voice Rule, which includes three major changes..…more

Collective Bargaining, Labor Relations, New Rules, NLRB, Unfair Labor Practices

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