{ Banner Image }

Resources

Share
Subscribe to Publications

Search Resources

HandBooks

  • June 21, 2024
    In criminal cases, oftentimes the most significant element in dispute is whether the defendant harbored the intent to “knowingly” or “willfully” violate the criminal law at issue.  If the defendant denies that he knew what he was doing was illegal, the government must prove beyond a reasonable doubt that the defendant had the required mens rea — or mental state — to violate the law.  The government does this by presenting circumstantial evidence that it argues supports a reasonable inference that the defendant had the required mental state to violate the law.  And defense lawyers test that evidence largely on cross examination and by presenting counterevidence. 
  • June 20, 2024
    In November 2023, the Government of Ontario passed Bill 149, the Working for Workers Four Act, 2023. The Act places new obligations and prohibitions on employers, and intends to strengthen Ontario’s employee entitlements and workers’ compensation benefits.
  • June 18, 2024
    Arbitration is supposed to be faster and more economical than litigation. But arbitration is often accompanied by proceedings in court. Recent U.S. Supreme Court decisions leave federal jurisdiction over proceedings to confirm, vacate or modify an arbitration award unsettled, potentially increasing complexity and delay.
  • June 10, 2024
    The United States Patent and Trademark Office is facing vigorous backlash to its proposal to change terminal disclaimer practice used in patent applications and, not so subtly, discourage the use of continuation applications. Since the Notice of Proposed Rulemaking was issued in May, more than 90% of the public comments to date are strongly opposed, and five former USPTO Directors, Deputy Directors and Patent Commissioner called on the USPTO to pull the NPRM immediately, arguing that the “proposed rules provide perverse incentives and threaten serious harm to America’s innovation economy.”
  • June 6, 2024
    The Department of Labor recently issued a regulatory package that includes a final rule updating ERISA's definition of an investment advice fiduciary and amending certain related prohibited transaction exemptions. This is the DOL's third attempt to modernize the definition of an investment advice fiduciary to more completely reflect the modern retirement plan landscape. The regulatory package is generally effective September 23, 2024, with some parts of the PTE amendments being gradually phased in and fully effective September 23, 2025. 
  • June 4, 2024
    Importers must act swiftly to prepare for new Section 301 tariffs which can apply as soon as August 1, 2024, and for exclusions that expire as soon as June 14, 2024. As predicted, the United States Trade Representative (USTR) issued a proposal for the timing of new Section 301 tariffs on Chinese products in certain strategic sectors. Interested parties may submit comments and seek future exclusions through June 28, 2024.
  • May 29, 2024
    When there are two conflicting contracts—one requiring a court to address whether a case should be decided by arbitration or court action, and another requiring an arbitrator to address that issue—who decides which contract controls? The U.S. Supreme Court answered this question in Coinbase, Inc v Suski. 
  • May 28, 2024
    As Michigan public schools prepare their 2024-2025 budgets, schools should be aware of the short-term borrowing options available to cover their projected operating cash-flow shortfalls.  
  • May 28, 2024
    A group of national business associations filed a lawsuit seeking to prevent the U.S. Department of Labor from implementing its new Final Rule on overtime, which significantly increases the annual salary threshold required to classify employees as exempt under the Fair Labor Standards Act.
  • May 23, 2024
    In Meyer, Borgman, and Johnson, Inc. v. Commissioner, the Tax Court found that customers funded MBJ's research activities, with the consequence that MBJ could not claim federal income tax credits for expenses it incurred to conduct research activities.