Resources

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.

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.

Tax increment authorities and municipalities face new transparency and reporting requirements under a recently signed law.

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.

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.

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. 

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.

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.

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