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Illinois Legislature and Court Clarifies Confusion on Mortgage Requirements after In re Crane
A new Illinois law will close a loophole through which some mortgages could be subject to avoidance in bankruptcy. The loophole, created by U.S. Bankruptcy Court’s (C.D. Illinois) 2012 In re Crane opinion, allowed a bankruptcy trustee to avoid a mortgage under 11 U.S.C. § 544(a)(3) unless it contained, among other provisions: 1) the amount owed, 2) the debt’s maturity date and 3) the underlying interest rate.
May 23, 2013
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 of 2001, requires each local government to file an annual Qualifying Statement in conjunction with its audit filing. Act 34 provides Treasury with authority to issue bulletins and promulgate rules necessary to carry out the purpose of the Act.
May 23, 2013
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.
May 10, 2013
U.S. Export Control Reforms to Become Effective
The first significant reforms to the U.S. export control regulations in International Traffic in Arms Regulations (ITAR) and U.S. Export Administration Regulations (EAR) are about to take effect.
May 10, 2013
NLRB Notice Posting Requirement Violates Employers’ Right to Free Speech
The National Labor Relations Board (NLRB) requirement that private employers post a notice informing employees of their rights under the National Labor Relations Act (NLRA) has been invalidated by the District of Columbia Court of Appeals. In National Association of Manufacturers v. NLRB, the Court said the Board’s August 2011 ruling violated employers’ free speech rights under federal labor laws.
May 9, 2013
Study Shows Hiring an Attorney Gives You a Better Chance of Registering Your Trademark
Preparing a trademark application to the United States Patent and Trademark Office? A recent study shows that hiring an experienced trademark attorney to guide you through the process can give you a much better chance of filing a successful application.
May 9, 2013
New Form I-9 Takes Effect Today
The U.S. Citizenship & Immigration Service (USCIS) released a new version of the Form I-9, Employment Eligibility Verification. Starting Tuesday, May 7, 2013, the previous version will no longer be accepted and all employers should be using the newest version of the form.
May 7, 2013
Employee Motivation For Making a Whistleblower Claim Is Not Relevant Under WPA, MSC Rules
An employee’s motivation for making a whistleblower claim is not relevant to his lawsuit under the Whistleblower Protection Act (WPA), the Michigan Supreme Court ruled in Whitman v. City of Burton on May 1. As a result, employers can no longer have a reasonable expectation of winning a WPA lawsuit simply because the employee’s whistleblower complaints may have been motivated by personal gain.
May 6, 2013
Is Your Software Transmission Subject to U.S. Export Controls under the EAR?
Whether by electronic download or through the physical transfer via CD-ROM or flash drive, the release of software may require an export control license from the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) under the Export Administration Regulations (the “EAR”). Both delivery methods can qualify as an export under the EAR.
May 3, 2013
SEC Approves Communications Via Social Media
The Securities and Exchange Commission (“SEC”) has taken a new position that publicly traded companies may use social media to communicate information to investors, so long as investors are first advised of the communication channels and the communications still comply with Regulation FD.
April 8, 2013
Supreme Court of India Denies Novartis Patent Application
In a landmark judgment, the Supreme Court of India dismissed an appeal by Novartis AG, a Swiss pharmaceutical giant, to win patent protection in India for its cancer drug, Glivec. The polarizing decision has been hailed by activists as a step in the right direction for affordable healthcare, and as being detrimental to innovation and investment by the international business community.
April 3, 2013
Be Careful When Searching Student Cell Phones, Sixth Circuit Warns
A recent Sixth U.S Circuit Court of Appeals decision stands as a reminder that school districts must tread carefully when searching a student’s mobile device.
April 1, 2013
Right-To-Work: What Does the Effective Date Mean to Your Workplace?
As we alerted you in December, effective today, all agreements, contracts, understandings or practices that take effect, are extended or renewed are subject to Michigan’s Right-To-Work laws, Public Acts 348 (private sector) and 349 (public sector).
March 28, 2013
Major Environmental Decision May Also Expand Right to Appeal In Other State Permitting Cases
A party challenging a state agency’s decision to issue a permit for a project may be allowed a second appeal of right, the Michigan Court of Appeals said in Natural Resources Defense Council v Department of Environmental Quality, issued March 21, 2013. The decision may set precedent for many types of state permitting appeals.
March 27, 2013
“Duty to Preserve” May Include “Duty to Recover”
A recent U.S. District Court decision illustrates that, when electronic data under a preservation obligation is accidentally lost, a party may still face serious spoliation sanctions if it does not make a reasonable attempt to recover the data.
March 22, 2013
Court Allows Service Via Email and Facebook
A federal judge in New York has allowed a plaintiff to serve an unresponsive international defendant with motions and other court filings over email and Facebook. The decision is good news for plaintiffs in cases where defendants with email and social media accounts have avoided traditional service of process.
March 18, 2013
New Form I-9 Now Available
On Friday, March 8, 2013, the US Citizenship & Immigration Service (USCIS) released a new version of Form I-9, Employment Eligibility Verification. Employers should begin using the new form now; however, the previously accepted versions may be used until May 7, 2013.
March 12, 2013
DOL Issues Final Regulations Implementing the 2009 FMLA Amendments
The Family Medical Leave Act (FMLA) regulations issued by the Department of Labor (DOL) in 2009 addressed the new military leave requirements established in the National Defense Authorization Act for Fiscal Year 2009 (FY 2009 NDAA).
March 7, 2013
DOJ Warns of Widening Probe in Automotive Industry
The Department of Justice's Antitrust Division warns that its wide-ranging probe into price fixing in the automotive industry is broader than previously announced.
March 6, 2013
What the Sequestration Means for Direct Pay Bond Issuers
School districts that have issued certain direct pay bonds are expected to see a reduction in refundable credits as long as the sequestration remains in effect. But exactly how much the credits will be reduced won’t be known until the sequestration ends.
March 6, 2013
Obama Administration Trade Secret Report Raises Important IP, Business, and Securities Issues
A recent Obama Administration report clear the importance for businesses to be aware of and understand the international threats to their intellectual property, the sources of such threats, and federal means to protect trade secrets.
February 27, 2013
"The SEC Speaks": Commissioners Say More Regulation, Oversight Needed
SEC commissioners called for more regulations and oversight to protect investors from fraud and other dangers, Miller Canfield lawyer Matt Allen reported from the annual “The SEC Speaks” conference held February 22 and 23 in Washington, D.C.
February 25, 2013
New Privacy Guidelines for Mobile Apps
Do you and your employees use applications on mobile devices to conduct business? Recent actions by federal and state government as well as marketing industry groups suggest that the legal landscape for mobile apps is evolving – particularly with respect to privacy rights.
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November 27, 2012
Google and Rosetta Stone Settle "AdWords" Lawsuit
In 2009, language-learning software provider Rosetta Stone Ltd. filed a trademark infringement action against Google, Inc. From 2004 through 2009, Google allowed "sponsored links" to purchase keywords on its AdWords platform, including terms that were third party trademarks and service marks. Rosetta Stone alleged that this practice by Google infringed Rosetta Stone's various federally registered marks.
November 14, 2012
SEC and DOJ Release FCPA Resource Guide
Today, the Securities and Exchange Commission and the Department of Justice released A Resource Guide to the U.S. Foreign Corrupt Practice Act.
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