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  • May 24, 2017
    The Internal Revenue Service (IRS) issued Revenue Procedure 2017-13 (Rev. Proc. 2017-13) on Jan. 17, 2017. The procedure provides more flexible, modern rules for structuring management contracts involving tax-exempt financed facilities. Twenty years after the IRS released Revenue Procedure 97-13 (Rev. Proc. 97-13), which helped to establish the previous safe harbor framework for management contracts, Rev. Proc. 2017-13 modifies, amplifies and supersedes Rev. Proc. 97-13, Notice 2014-67, and the most recent safe harbor published in Notice 2016-44.
  • May 23, 2017
    The U.S. Supreme Court just shook up the patent world with its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. For nearly 30 years, companies accused of patent infringement could be sued in nearly any place they sold accused products. This led to a concentration of patent cases in geographically inconvenient and arguably plaintiff-friendly jurisdictions. TC Heartland, however, will limit such forum shopping by requiring patent cases to be filed in one of two places: where companies are incorporated or where they both have a regular, established place of business, and are committing infringement. The days of patent cases in uncertain and out-of-the-way jurisdictions are over.
  • May 23, 2017
    When does the statute of limitations start running on claims for minority shareholder/member oppression under Michigan law? In its recent decision in Frank v. Linkner, a unanimous Michigan Supreme Court answered that question. It held that the statute of limitations accrues “when defendants’ actions allegedly interfered with the interests of a plaintiff as a member” and not necessarily “when a plaintiff incurs a calculable financial injury.”
  • May 5, 2017
    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 Kentwood, the court held that Sanford-Brown College of Grand Rapids could qualify for Michigan personal property tax exemptions as an “educational institution,” despite its lack of non-profit status. This decision could result in expanded personal property tax exemptions and refunds for educational institutions in Michigan that could not previously claim exemption(s).
  • May 5, 2017
    On May 2, 2017, the Sixth Circuit Court of Appeals clarified whether a bankruptcy debtor retains any property rights in rents after defaulting on a loan that includes an assignment of rents.
  • April 24, 2017
    On Friday, April 21, 2017, a regional director for the National Labor Relations Board (NLRB) ordered that a union representation election must be held in a unit composed of 110 undergraduate student residential advisors at George Washington University (Slip Opinion in Full). The decision is a major extension of last year’s decision in Columbia University, which extended bargaining rights to units composed of graduate student assistants. Until the decision in George Washington, attempts to organize units of undergraduate students employed by the institution they were attending had been rejected by the Board.
  • April 19, 2017
    President Donald Trump signed an executive order: “Buy American and Hire American,” which focuses on reviewing the current employment-based visa programs and considers ways to alter immigration laws.
  • April 18, 2017
    On April 17, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it has completed the random computer-generated lottery selection process for fiscal year 2018.
  • April 7, 2017
    On April 7, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the H-1B cap for fiscal year 2018. USCIS has received enough petitions to fill both the regular 65,000 H-1B cap and the U.S. advanced degree 20,000 H-1B cap.
  • April 6, 2017
    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 on the basis of sexual orientation, Kimberly Hively v. Ivy Tech Community College of Indiana.