- June 25, 2013Multistate business income may be reported by individuals through either the unitary method or the separate-entity method under the Michigan Supreme Court’s decision in Malpass et al v. Department of Treasury, released June 24, 2013.
- June 24, 2013The Federal Arbitration Act (“FAA”) does not permit courts to invalidate a contractual waiver of class arbitration where the costs of pursuing an individual federal statutory claim in arbitration would exceed the potential recovery, the U.S. Supreme Court ruled last week in American Exp. Co. v. Italian Colors Restaurant.
- June 24, 2013Antitrust challenges to so-called “pay-for-delay” settlements in drug patent suits are allowed under the U.S. Supreme Court’s recent decision in Federal Trade Commission v. Actavis, Inc. In a “pay-for-delay” settlement, a pharmaceutical company that produces a brand name drug will pay a generic drug manufacturer to delay release of a generic drug that would compete with the brand name drug.
- June 24, 2013Although American Express involves a dispute between merchants, the decision has wide application to consumer contracts, employment agreements and other contracts. The ruling continues the Supreme Court’s recent trend of enforcing class action waivers and provides business people with a potential tool to minimize the risk of class action lawsuits. Business people should continue to evaluate existing arbitration agreements to take full advantage of these rulings.
- June 24, 2013Employers “may be vicariously liable for an employee’s unlawful harassment only where the employer has empowered that employee to take tangible employment actions against the victim …,” the U.S. Supreme Court ruled on June 25, 2013, in Vance v. Ball State University.
- May 23, 2013Earlier 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, 2013A 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 16, 2013Although the FLSA lags in appropriately meeting the realities of today’s workforce and economy, employers looking for proactive approaches to reduce the potential for wage-and-hour lawsuits can find solace in recent federal court decisions, which provide guidance as to steps employers can take.
- May 16, 2013For the most part, employee use of social media has not required a fundamental rewriting of federal and state labor and employment laws. But a few well-reported incidents in the past couple of years garnered significant attention from the media, privacy advocates, and state and federal legislators.
- May 16, 2013The Family and 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 2008 (FY 2008 NDAA). Earlier this year, the DOL issued its final regulations (Final Rule) and an updated poster for covered employees.
- May 16, 2013On 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.
- May 16, 2013
- May 10, 2013The 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, 2013In 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 9, 2013Preparing 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, 2013The 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 7, 2013The 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 6, 2013An 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 3, 2013Whether 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.
- April 2013The latest developments for companies doing business in Poland, including: Poland and U.S. Sign Convention for the Avoidance of Double Taxation; New Law Against Late Payment in Commercial Transactions; Facilitations for Undertakings Relying on Assets Leasing; Perpetual Usufructuary May be Fined For Failure to Meet Development Deadlines; and more.
- April 8, 2013The 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 2013The Committee on Foreign Investment in the United States (CFIUS) publicly released an unclassified version of its Annual Report To Congress for the calendar year 2011 (Report) in December 2012. While the Report does not disclose detailed information about specific transactions, it nevertheless provides valuable information, especially for foreign companies considering acquisitions in the U.S., as to structuring transactions when involving CFIUS clearance.
- April 3, 2013In 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 1, 2013A 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.
- March 28, 2013As 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 27, 2013A 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 22, 2013A 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 18, 2013A 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 12, 2013On 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 7, 2013The 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 6, 2013School 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, 2013The Department of Justice's Antitrust Division warns that its wide-ranging probe into price fixing in the automotive industry is broader than previously announced.
- February 2013Securities practitioners should have a working understanding of the SEC cooperation tools as well as the Department of Justice's cooperation tools that are incorporated by reference into the SEC Cooperation Initiative. Miller Canfield lawyer Matt Allen broke down some of the Initiative's salient portions and issues that may arise as its implementation continues.
- February 27, 2013A 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 2013SEC commissioners called for a more regulations and oversight to protect investors from fraud and other dangers, reports Miller Canfield securities compliance and enforcement lawyer Matt Allen.
- February 25, 2013SEC 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.
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- November 14, 2012Today, 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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