August 22, 2019
Employer-plan sponsors must review plan provisions/procedures related to hardship distributions to determine what actions are required to ensure administrative and operational compliance.
August 12, 2019
The overall effect of the proposed rules, if enacted, will be limit the degree to which unions and employers can prevent elections through unilateral action or by agreement.
July 23, 2019
Design patents continue to be an important strategic tool to protect innovation and the ornamental design of commercial products.
July 19, 2019
Nike acknowledges that Leonard provided a "rough draft" of a logo, but maintains that Nike registered a different logo that was created by a team of Nike designers on a "work-for-hire" basis.
July 1, 2019
These two trademark cases join two patent cases that the Supreme Court will hear during its next term.
June 27, 2019
For the most part, the new discovery rules more closely track the federal discovery rules. In some instances, however, the changes impose even greater obligations on parties than the federal rules.
June 25, 2019
Importers of List 3 Chinese-origin products should consider submitting exclusion requests by September 30, 2019.
June 24, 2019
Miller Canfield attorneys have acted as evaluators in some of Amazon's earliest evaluations of its new Utility Patent Neutral Evaluation Program, and we are thoroughly familiar with the process and procedures.
June 17, 2019
The tariff increase applies to Chinese-origin products that are covered by a subheading or product description listed in Note 20(f) or 20(g) to Chapter 99, Subchapter III, of the Harmonized Tariff Schedule of the United States.
June 11, 2019
Employers should notify Miller Canfield immediately if they wish to request Premium Processing Service for any remaining H-1B cap-subject cases.
June 7, 2019
Leonard claims that Nike perpetrated a fraud on the U.S. Copyright office when it registered—without Leonard’s consent—a stylized claw logo that incorporates Leonard’s initials and jersey number. Leonard claims to have conceptualized the logo in college and refined it by late December 2011.
June 5, 2019
This article and flow chart are designed to help school districts analyze the accounting and legal issues raised by this new fiduciary guidance.
June 5, 2019
June 3, 2019
New guidance issued by the U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) reaffirms that business associates must have proper HIPAA compliance practices, safeguards and documentation in place in order to avoid costly penalties.
May 24, 2019
The decision marks a victory for trademark licensees as it cements the rights of licensees of trademarks regardless of the rejection of the agreement in bankruptcy.
May 23, 2019
Affected companies must immediately cease providing U.S. Items as part of Huawei Group Transactions, assess whether reliance upon the Temporary General License is warranted, and implement proactive procedures to ensure compliance with this Department of Commerce action.
May 21, 2019
Employers should notify Miller Canfield immediately if they wish to request premium processing for eligible H-1B cap-subject cases requesting change of status.
May 17, 2019
U.S. companies need to pay close attention as to how this Executive Order can affect their business.
May 14, 2019
Employers who have more than 100 employees or who employ certain types of federal contractors must submit an annual EEO-1 form.
May 7, 2019
The amendment would make it easier to buy and sell agricultural land, chiefly by making it possible for more entities to buy such land.
April 26, 2019
A majority of the U.S. Supreme Court held that the Federal Arbitration Act ("FAA") bars class arbitration actions when the agreement is ambiguous about the availability of such arbitration.
April 12, 2019
Both public companies trading on public stock exchanges and private companies involved in mergers or acquisitions will benefit from the insights obtained from this conference.
March 29, 2019
Supreme Court Considers Advisory Opinion on Constitutionality
The minimum wage for non-tipped employees in Michigan is $9.45/hour effective March 29, 2019, and covered employers must comply with the Paid Medical Leave Act starting on the same date.
March 27, 2019
Effective April 1, 2019, all VCP submissions must be made electronically.
March 20, 2019
This practice will provide discretion to PTAB judges to allow a petitioner to add new issues even if they may be outside the one-year time bar window for filing an inter partes review.
March 18, 2019
Employers must count toward employees' FMLA entitlements any leave taken by employees that is for FMLA-qualifying reasons.
March 15, 2019
Updates on capital projects, elections and the Michigan Campaign Finance Act.
March 14, 2019
Proposal 3, the initiative petition recently approved by voters, amended the Michigan Constitution and made important changes to the rights of Michigan voters.
March 12, 2019
If implemented, the proposed new rule would be the first time a salary threshold change has been implemented since 2004.
March 7, 2019
A Polish citizen who has left his or her place of permanent residence or place of temporary residence before the expiry of the specified period is required to de-register.
February 28, 2019
Given the increased scrutiny that the Internal Revenue Service (IRS) is giving to §403(b) plans and an upcoming deadline for adopting a "safe harbor plan," now is a good time for sponsors of §403(b) plans to ensure that their plan documentation meets current IRS requirements.
February 20, 2019
Public employers should feel comfortable maintaining and enforcing zero-tolerance drug policies for their at-will employees, including medical marijuana cardholders.
February 8, 2019
A summary of insights from the 2019 Commercial Real Estate Finance Council (CREFC).
February 7, 2019
Preparation of the H-1B petition should commence no later than the middle of March in order to ensure the case can be timely filed on April 1.
January 29, 2019
The case can be taken as a sign that the current Board will be more open to independent contractor arguments.
January 28, 2019
With the February 27, 2019 compliance date approaching, and with many underwriters and municipal advisors focusing more closely on the new requirements, this alert offers more detailed analysis of steps governmental borrowers can take to facilitate compliance when they are required to do so.
January 24, 2019
A recent Supreme Court decision re-emphasizes the need to exercise caution before taking any steps to commercialize an invention before filing a patent application.
January 14, 2019
January 10, 2019
The Court has overturned over thirty years of precedent in holding that property owners cannot sue subcontractors for implied warranty of habitability claims.
January 2, 2019
Employers now enter a period of uncertainty with regard to the collection of employee health information for the purposes of voluntary health plans.
December 19, 2018
New DDA/TIF reporting and public informational meeting
requirements pursuant to the Recodified Tax Increment Financing Act, effective January 1, 2019.
December 17, 2018
Covered employers should begin the process of reviewing their current policies and procedures and considering how they can best implement all required changes.
December 12, 2018
December 7, 2018
Bill 47 relaxes demands on employers by repealing or altering many of the changes that came into effect under the Fair Workplaces, Better Jobs Act of 2017.
November 16, 2018
The Department of Education has issued a proposal to amend the federal regulations governing Title IX compliance, representing a sea change from prior guidance.
November 7, 2018
Michigan voters have approved legalizing the possession, use and cultivation of marijuana. What does this mean for employers?
November 2, 2018
Though faced with an uncertain future, the Act could prove challenging for many employers to implement, especially those who have established time-off policies.
October 30, 2018
The Export Control Reform Act of 2018 (ECRA) will have a foundational and emerging impact on the future of U.S. export controls and foreign direct investment.
October 10, 2018
Amendments by the SEC mean that issuers or obligated persons of municipal securities will be required to add two new events to the list of reportable material events in their continuing disclosure undertakings entered into after February 26, 2019.
October 4, 2018
The Polish government is planning another attempt to adopt in Poland an institution similar to the one popular in western Europe, a so-called REIT (real estate investment trust) – a company whose purpose is to invest in real
property.
September 28, 2018
The new policy will have a significant impact on student, vocational and exchange visitor communities.
September 17, 2018
The National Labor Relations Board has issued a proposed new rule designed to overturn the broad standard for finding joint employer status.
September 10, 2018
September 6, 2018
We have prepared this guide to provide a short summary of the current campaign finance laws applicable to public school ballot proposals as well as answers to commonly asked questions.
September 5, 2018
August 31, 2018
U.S. Citizenship and Immigration Services announced that it is extending and expanding its temporary suspension of premium processing for "cap-subject" H-1B petitions.
August 17, 2018
The Fair Labor Standards Act (FLSA) does not bar agreements stating that individual arbitration is the "only forum" for employment claims, the Sixth Circuit recently held in Gaffers v. Kelly Services.
August 14, 2018
New guidelines will have implications for a number of employment-based immigration, family-based immigration and naturalization cases.
August 8, 2018
Sellers with sales into Michigan exceeding $100,000 or 200 or more transactions in the prior calendar year will be required to remit sales or use tax beginning October 1, 2018.
August 2, 2018
August 1, 2018
The Michigan Supreme Court has 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 preempt school districts from adopting policies that regulate the possession of firearms, it has expressly chosen not to exercise that authority.
July 30, 2018
Standard & Poor's raised its credit rating for the State of Michigan's general obligation bonds from AA- to AA. How will this upgrade affect local borrowers?
July 23, 2018
On July 20, 2018, Bill Schuette issued Attorney General Opinion #7305, concluding that the Michigan Civil Rights Commission exceeded its authority with its interpretation of the Michigan Elliott-Larsen Civil Rights Act to prohibit discrimination based on sexual orientation and gender identity.
July 11, 2018
A new Michigan law may streamline real estate transactions by allowing remote electronic notarization.
July 11, 2018
The National Labor Relations Board (NLRB) announced a new pilot program to increase the use of alternative dispute resolution (ADR) and offer parties greater control over the resolution of their cases while saving both time and money.
July 2, 2018
Employers are at an increased risk of age-discrimination litigation due to changing workforce demographics. Here are some practical considerations for employers.
June 28, 2018
In a 5-4 decision, the United States Supreme Court has held in Janus v. AFSCME that public sector unions cannot require non-union bargaining unit members to pay union dues.
June 25, 2018
The U.S. Supreme Court has held that administrative law judges (ALJs) of the Securities and Exchange Commission are "Officers of the United States" under the Appointments Clause of the U.S. Constitution, and are not mere employees.
June 22, 2018
In South Dakota v Wayfair, the U.S. Supreme Court has struck down a decades-old requirement that a seller must have a physical presence within a state to be required to collect sales tax.
June 18, 2018
The Michigan House of Representatives has taken the final step to repeal the Prevailing Wage Law.
June 5, 2018
The U.S. recently announced some important updates related to U.S. sanctions affecting Iran and Russia.
May 25, 2018
Shanghai Takes the Lead
China has recently strengthened its commitment to significantly ease market access to its financial sector. This article summarizes the opening-up measures being developed for foreign investors and the business scope in each relevant financial sector.
May 24, 2018
The Michigan Civil Rights Commission has voted to expand its interpretation of the Michigan Elliott-Larsen Civil Rights Act ("ELCRA") to include discrimination based on sexual orientation and gender identity.
May 21, 2018
A recent amendment to Poland's National Court Register (KRS) introduced several significant changes affecting foreign companies operating in Poland.
May 20, 2018
May 9, 2018
Enforcement of the European General Data Protection Regulation is starting on May 25. The regulations set new and higher standards for the privacy rights of individuals in the EU.
April 13, 2018
Singapore-based Broadcom Ltd. attempted to acquire U.S.-based Qualcomm Inc. through a hostile takeover. CFIUS provided a national security impact assessment to the transaction parties for the potential Broadcom acquisition of Qualcomm, stating that a successful hostile takeover by Broadcom of Qualcomm could pose U.S. national security risks.
April 4, 2018
The Supreme Court held that automobile service advisors are exempt from overtime rules under the Fair Labor Standards Act. While the opinion, which was issued on April 2, 2018, will certainly impact car dealerships and repair shops, it could have far-reaching implications on other classes of employees.
March 22, 2018
Tax increment authorities and municipalities face new transparency and reporting requirements under a recently signed law.
March 21, 2018
According to “Automated Vehicles: Liability Crash Course,” a report we released in collaboration with J.D. Power, the global leader in consumer market research, consumers are suspicious of technology failures and, relatedly, they desire to resolve ADS product liability claims out of court.
March 5, 2018
A joint white paper by Miller Canfield and J.D. Power explores the legal liabilities in automated vehicle crashes.
February 28, 2018
Reporting requirements for employers increased this week with regard to third-party placement of H-1B foreign workers. Previously, United States Citizenship and Immigration Services (USCIS) required H-1B employers to provide evidence of employment relationships with vendors and end-clients where H-1B workers are placed. However, a newly released memo indicates that USCIS will have the discretion to scrutinize these contractual relationships even more so than before.
February 27, 2018
The National Labor Relations Board (NLRB) has revived a broad, union-friendly joint employer test, at least for now. In December 2017, the board issued its decision in Hy-Brand Industrial Contractors, which put in place a narrow definition of joint employer status, requiring that there be actual exercise of control by one entity over another, rather than a mere right to do so. Hy-Brand expressly overruled an earlier NLRB decision, Browning-Ferris Industries, which introduced the looser standard. On Feb. 26, 2018, the board vacated Hy-Brand due to conflicts of interest by one of the members who participated in the decision, and announced that as a result, Browning-Ferris remains good law.
February 22, 2018
The U.S. Supreme Court has reversed a U.S. 6th Circuit Court of Appeals decision holding that that former employees of CNH Industrial N.V. were entitled to lifetime, vested healthcare benefits. The opinion, issued yesterday, reaffirms the court's prior opinion that ordinary principles of contract interpretation apply when determining the duration a collective bargaining agreement entitles employees to benefits. In 2015, the Supreme Court rejected the 6th Circuit's reliance on retiree-friendly inferences from UAW v. Yard-Man in M&G Polymers USA v. Tackett. Since then, lower courts within the 6th Circuit have inconsistently applied Tackett.
Miller Canfield Senior Counsel Donald Moore has been working in Afghanistan since 2007. He advises international and Afghan clients in areas such as banking, defense and security, finance, insurance, construction, media, mining, oil and gas, and transportation. He is supported by the Miller Canfield global cross-border transaction team and the ITAR and CFIUS teams.
Building Communities
Our clients across the United States include municipal and state government, governmental agencies, hospitals and health systems, public schools and universities, downtown development districts, real estate developers, construction companies and financial institutions.
Working with a Miller Canfield Trustee
The role of the Trustee comes with significant responsibility. As Trustee, Miller Canfield will perform all services in accordance with your directions and the terms of the Trust Agreement. Miller Canfield has an established group of dedicated trust administration professionals monitoring each relationship where a Miller Canfield attorney is serving as Trustee.
February 20, 2018
Flushing Community Schools recently finalized a public-private partnership (P3) project with solar power company Standard Solar Inc. This transaction, the first-of-its-kind for a public school in Michigan, is anticipated to provide the school district with significant savings while making a long-term commitment to renewable energy to power school district buildings.
February 20, 2018
A commercial real estate receiver’s powers will be clarified when Michigan’s Uniform Commercial Real Estate Receivership Act (the “Act”) becomes effective in May. The legislation, signed by Gov. Rick Snyder on Feb. 6, 2018, effects many sweeping changes and answers a question plaguing courts: Can a state receiver court sell property free and clear of liens and redemption rights?
February 9, 2018
Legislation enacted in 2017 and amended last month significantly expands the range of prohibitions on a school district’s ability to influence the future use of real property that it sells or transfers. When disposing of real property, school districts often desire to obtain affirmative covenants restricting the use of the property to types of uses which support its interests, such as a residential development project to add families to the community. Prior to this recent legislation, Section 1260 of the Revised School Code prohibited school districts from using negative deed restrictions prohibiting the use of disposed property for any lawful public education purpose and further prohibited school districts from refusing to lease or rent property to a party solely because the party intended to use the property for an educational purpose.
February 2, 2018
A taxpayer may claim a credit against its federal income tax liability for research expenses paid or incurred during the tax year. The definitions of research expenses for financial reporting purposes and federal income tax purposes are different. Because of the difference, a taxpayer was not able, in an IRS audit, to substantiate its tax credits for research expenses by showing the IRS the research expenses in its financial statement.
January 31, 2018
On May 25, 2018, the European Union’s new data privacy regulation, known as the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”), will become effective. Not only does the GDPR regulate processing personal data by an E.U. controller or processor, but also requires non-E.U. entities, such as non-E.U. companies, universities, investment funds and charities, to comply with the GDPR.
January 26, 2018
The Tax Cuts and Jobs Act enables investors to delay paying the tax on capital gains. If a taxpayer generates a capital gain and invests that amount in a qualified opportunity fund within 180 days, the tax will not be due until the fund investment is sold or exchanged or, if earlier, Dec. 31, 2026.
January 8, 2018
H-1B petitions subject to the Fiscal Year 2019 cap (FY 2019) must be received by U.S. Citizenship and Immigration Services (USCIS) during the first five days of April 2018.
January 8, 2018
The Department of Labor ("DOL") has formally endorsed a test used by several appellate courts in order to determine if an intern qualifies as an employee under the Fair Labor Standards Act ("FLSA"), resolving the ambiguity between the DOL's enforcement position and the standards applied by the courts when reviewing claims for wages and overtime by individuals classified as interns.
January 4, 2018
Employers with operations in Ontario should be aware of some newly enacted changes to the Employment Standards Act. Changes include higher wages and increased time off.
December 21, 2017
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 major changes under the tax reform bill will affect corporations, businesses and individuals, but there are several provisions regarding the issuance of tax-exempt debt that may impact the future issuance of such debt by municipalities and school districts.
December 20, 2017
Year-end NLRB decisions signal an intent to overturn Obama-era decisions that reversed or modified long-standing NLRB precedent. As cases come before the Board, employers need to stay alert on how the pendulum changes will affect their labor and employment practices.
December 20, 2017
The Tax Cuts and Jobs Act denies any deduction for settlements and payments related to sexual harassment or sexual abuse if the settlement or payment is subject to a non-disclosure agreement.
December 19, 2017
The minimum wage will increase to $9.25 on Jan. 1, 2018.