Author Info for Dickinson Wright

Hector Agdeppa

Key Takeaways from Claim Examples in the 2024 AI Patent Eligibility Guidance: A 3-Part Series

Part 1 - On July 17, 2024, the U.S. Patent and Trademark Office (the Office) released new guidance on subject matter eligibility, entitled “The 2024 Patent Subject Matter Eligibility Guidance Update Including on Artificial…more

Artificial Intelligence, Intellectual Property Protection, Inventions, Patent-Eligible Subject Matter, Patents

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Max Aidenbaum

FTC Announces Annual Jurisdictional Threshold Adjustments to HSR Act and Interlocking Directorates Under Section 8 of Clayton Act

On January 24, 2022, the Federal Trade Commission (“FTC”) published to the Federal Register the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”) merger-reporting thresholds for 2022. Each year, the FTC is…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Interlocking Directorate

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Cynthia Alexander

UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

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Najah Allaham

New TPS and DED Protections for Lebanese Nationals: What You Need to Know

In a significant move, the U.S. Department of Homeland Security (DHS) has extended temporary immigration protections for Lebanese nationals currently residing in the United States. These measures, which include Temporary…more

Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Foreign Nationals, Immigrants, Immigration Procedures

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Andrew Alvarado

No Vaccine, No Employment? Know Your State Law

The new Texas ban on vaccine mandates may be just the start. COVID-19 vaccination mandates have been the subject of litigation and the target of state legislation since the vaccines became readily available. While several…more

Anti-Retaliation Provisions, Coronavirus/COVID-19, Employees, Employer Mandates, Healthcare Facilities

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Andrea Arndt

Amazon’s Patent Enforcement Program Establishes Personal Jurisdiction

The Amazon Patent Evaluation Express (APEX) program offers patent owners a cost-effective way to address claims that third-party product listings are infringing on their utility patents. Under the APEX program, a third-party…more

Arbitration, Dispute Resolution, Intellectual Property Protection, Patent Infringement, Patents

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John Artz

United States V. Arthrex: Inter Partes Review Decisions Now Reviewable by the PTO Director

On June 21, 2021, the Supreme Court issued its decision in United States v. Arthrex, which created a review process that gives the PTO Director the ability to independently review decisions rendered by Administrative Patent…more

Administrative Patent Judges, Appointments Clause, Arthrex Inc v Smith & Nephew Inc, Executive Branch, Executive Powers

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Paul Bain

Oh, My God (OMG)! – Scandalous Trademarks in Canada (and the US)

“Scandal is gossip made tedious by morality.”- O Wilde - In crafting Valley of Mother of God Gin, the founders of Foxglove Spirits, Malcolm Roberts and Shelly Perry, drew inspiration from the lush forests and fields surrounding…more

Brand, Canada, Canadian Intellectual Property Office (CIPO), Intellectual Property Protection, Trademark Application

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Jessica Brouckaert Bartlett

AI in Political Advertising

Artificial Intelligence (“AI”) is an incredible tool that is now widely used across industries – political advertising is no exception. AI is easy to use, inexpensive, and fast. Lately, we’ve received an influx of questions from…more

Artificial Intelligence, Broadcasting, Communications Act of 1934, FCC, Federal Election Commission (FEC)

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Laura Bassett

What Voter Approval of Recreational Marihuana Means for Municipalities

On November 6, Michigan voters approved Proposal 1, legalizing the use of marihuana by individuals 21 years of age and older. The legislation initiated by Proposal 1 will become effective 10 days after certification of the vote…more

Decriminalization of Marijuana, Marijuana, Marijuana Cultivation, Marijuana Related Businesses, Medical Marijuana

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Brady Bathke

The Effect on Trade Secret Protection by the Federal Trade Commission’s Proposed Ban on Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission (FTC) proposed a ban on non-compete agreements between an employer and its workers as an unfair method of competition. The FTC’s proposed ban is intended to promote competition…more

Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Proposed Rules, Restrictive Covenants

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Todd Baxter

Builders Beware: The Implied Warranty of Workmanship and Habitability Is Set in Stone

To protect homebuyers, Arizona law provides for certain warranties to be included in every contract. The most significant of those warranties, the implied warranty of workmanship and habitability, requires builders to construct…more

Construction Industry, Implied Warranties, Liability

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Jeffrey Beemer

FTCはほとんどの競業避止義務から従業員を解放したが、禁止はどこまで続くのでしょうか？

連邦取引委員会（以下「FTC」）は、2024年4月23日に開催された公開委員会において、競業避止義務に関する規則（以下「最終規則」）を3対2の賛成多数で可決しました。この最終規則の発効日は、連邦官報に掲載されてから120日後（「発効日」）であります。 FTCは、競業避止義務は不公正な競争方法であり、連邦取引委員会法第5条に違反すると判断しました。以下は、最終規則のハイライトであります。 During an Open Commission…more

Competition, Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Tracy Bergeron Lucha

Support for Temporary Employment Agencies: WSIA Changes Ahead

Temporary Employment Agencies (TEAs) should become familiar with a change to the Workplace Safety and Insurance Act, 1997 (“WSIA”), which creates a new classification, 001281, added to Class L…more

Premiums, Staffing Agencies, Temporary Employees, Wage and Hour, Workplace Safety and Insurance Act (WSIA)

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Gabriel Blumberg

Nevada Supreme Court Rules In Favor Of Applying The “Savings Clause” In Enforcing Non-Competition Agreements

Many practitioners in Nevada had been operating under the assumption that the Nevada Supreme Court’s 2016 opinion in Golden Road Motor Inn, Inc. v. Islam, 132 Nev. 476, 376 P.3d 151 (2016) automatically rendered void and…more

Employees, Non-Compete Agreements, NV Supreme Court, Savings Clause

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Benton Bodamer

UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

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Frank Borger Gilligan

SEC Provides Guidance to Broker-Dealers and Investment Advisers Regarding Examinations for Compliance with Regulation Best Interest and Form CRS

On April 7, 2020, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (“OCIE”) issued two risk alerts providing guidance to broker-dealers and investment advisers regarding forthcoming…more

Broker-Dealer, Disclosure Requirements, Form CRS, Investment Adviser, Regulation Best Interest

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David Bray

Gaming & Hospitality Legal News: Volume 11, Number 2 - The More Things Change, The More They … Change: Recent Developments In Trade Secrets Protection And Non-Competition Law

Executive Summary and Takeaway: Trade secrets and confidential information are receiving increasing protection in many states, and as more states perceive this as a "business friendly" issue, this trend will continue and…more

Alternative Minimum Tax, Corporate Taxes, Defend Trade Secrets Act (DTSA), Employment Contract, Gaming

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Charles Brecker

Florida Loses Wetland Permitting Authority

In a landmark decision, a federal court has ruled against the Environmental Protection Agency (EPA) and U.S. Fish and Wildlife Service, determining that their approval of Florida’s takeover of the Clean Water Act wetlands…more

Clean Water Act, Endangered Species Act (ESA), Environmental Protection Agency (EPA), Florida, US Fish and Wildlife Service

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Davina Bridges

Bank Warning: Don’t Get Charged Millions for Processing Out-of-State Garnishments Improperly

I. Overview of Changes - On May 4, 2022, the Consumer Financial Protection Bureau (the “Bureau”) issued a Consent Order implicating how certain banking institutions must respond to Garnishment The Consent Order places the…more

Banking Sector, Banks, Financial Institutions, Garnishment

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Emily Burdick

Coronavirus Tax Relief: Treatment of Amounts Paid to Section 170(c) Organizations under Employer Leave-based Donation Programs to Aid Victims of the COVID-19 Pandemic

The Department of the Treasury and the Internal Revenue Service have extended the treatment provided in Notice 2020-46 to leave-based donation programs and cash payments in connection with such programs that are made to section…more

Coronavirus/COVID-19, Donations, Employees, Relief Measures, Tax Relief

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Joshua Burgener

Sixth Circuit Announces Stricter Standard for Sending Notice in FLSA Collective Actions

A recent court opinion from the Sixth Circuit Court of Appeals clarified an important point of law concerning the Fair Labor Standards Act (“FLSA”), specifically what “showing … is necessary for a district court to facilitate…more

Collective Actions, Employer Liability Issues, Employment Litigation, Fair Labor Standards Act (FLSA), limitat

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Aaron Burrell

The Michigan Supreme Court Expands Public Policy Causes of Action for Retaliatory Discharge

Under Michigan’s Occupational Health and Safety Act (“MiOSHA”), employers may not “discharge an employee or in any manner discriminate against an employee because the employee filed a complaint” regarding the employer’s unsafe…more

At-Will Employment, Discrimination, Employment Litigation, Hiring & Firing, MI Supreme Court

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Sahar Cadili

Court of Appeal Decides Fate of “Crypto King” $500,000 Deposit

In 2021, the self-proclaimed “Crypto King,” along with an associate, paid a $500,000 deposit to purchase a commercial real estate property to store their exotic car collection. The “Crypto King,” Aiden Pleterski, had received…more

Canada, Creditors, Cryptocurrency, Forfeiture, Investors

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Steven Caloiaro

United States V. Arthrex: Inter Partes Review Decisions Now Reviewable by the PTO Director

On June 21, 2021, the Supreme Court issued its decision in United States v. Arthrex, which created a review process that gives the PTO Director the ability to independently review decisions rendered by Administrative Patent…more

Administrative Patent Judges, Appointments Clause, Arthrex Inc v Smith & Nephew Inc, Executive Branch, Executive Powers

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John Cameron Jr.

Federal Government to Create Massive New Database

Will you be required to submit an image of your driver’s license or passport for filing with the federal government? You will if you are involved in the ownership or operation of a business…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, Money Laundering

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Flavia Campbell

Trademark Applications Covering COVID-19 Related Goods and Services Can Skip the Line

Following last month’s launch of a program to expedite examination of patent applications related to prevention or treatment of COVID-19, as of June 16, 2020, the U.S. Patent and Trademark Office started also prioritizing the…more

Coronavirus/COVID-19, Food and Drug Administration (FDA), Pharmaceutical Patents, Trademark Application, Trademarks

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Chelsea Canaday

Title IX Update

It is now spring, and if you are an educational entity, it is now the season to begin preparations for summer professional development for the upcoming school year. So you may be wondering: 1) What is going on with Title IX? 2)…more

Department of Education, Educational Institutions, OIRA, Regulatory Oversight, Title IX

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Mark Catanese

Key Takeaways from Claim Examples in the 2024 AI Patent Eligibility Guidance: A 3-Part Series

Part 1 - On July 17, 2024, the U.S. Patent and Trademark Office (the Office) released new guidance on subject matter eligibility, entitled “The 2024 Patent Subject Matter Eligibility Guidance Update Including on Artificial…more

Artificial Intelligence, Intellectual Property Protection, Inventions, Patent-Eligible Subject Matter, Patents

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Jared Christensen

COVID-19 and the World of Commercial Leases: Force Majeure and Related Common Law Doctrines

Given the ongoing COVID-19 crisis and the many stay-at-home orders, it is likely that many businesses have temporarily closed their physical doors because they do not operate an “essential business.” These businesses – whether…more

Commercial Leases, Coronavirus/COVID-19, Force Majeure Clause

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Yuri Chumak

Canadian Patent Infringement: The Role of Non-Infringing Options in Profit Calculations and the Availability of Springboard Profits

The Supreme Court of Canada recently clarified the role of non-infringing options as well as springboard profits when calculating profits in patent infringement cases…more

Canada, Corporate Counsel, Dow Chemical, Intellectual Property Protection, Non-Infringing Alternatives (NIAs)

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Alexandria Chun

Oh, My God (OMG)! – Scandalous Trademarks in Canada (and the US)

“Scandal is gossip made tedious by morality.”- O Wilde - In crafting Valley of Mother of God Gin, the founders of Foxglove Spirits, Malcolm Roberts and Shelly Perry, drew inspiration from the lush forests and fields surrounding…more

Brand, Canada, Canadian Intellectual Property Office (CIPO), Intellectual Property Protection, Trademark Application

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Patrick Clarke

Suspicious Minds: Protecting Tennessee Artists from Generative AI

Effective July 1, 2024, a revolutionary new law will protect Tennessee artists and musicians from unethical uses of Artificial Intelligence (“AI”). The unprecedented Ensuring Likeness Voice and Image Security (“ELVIS”) Act…more

Artificial Intelligence, Copyright, Intellectual Property Protection, Music, Name and Likeness

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D. Samuel Coffman

U.S. Supreme Court Splits the Baby as It Stays the Private Employer Vaccine or Test Mandate but Keeps the Healthcare Vaccine Mandate in Place

On January 13, 2022, the United States Supreme Court (“Court”) issued two critical decisions: one staying the OSHA ETS vaccine or test mandate, the second allowing the OSHA CMS vaccine mandate for healthcare facilities to move…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Healthcare Workers

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Jon Cohen

Are You Prepared for the Corporate Transparency Act? What to Know Before December 31, 2024

The Corporate Transparency Act (“CTA” or the “Act”) became effective as of January 1, 2024. It is the latest effort by the federal government to combat money laundering, tax fraud, and other illegal activity by bad actors. …more

Anti-Money Laundering, Beneficial Owner, Business Entities, Business Ownership, Corporate Governance

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Lisa Corne

UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

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Christopher Cornwall

UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

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Jennifer Ko Craft

TTAB's Precedential Opinion in In re County of Orange Affirms Refusal of Registering Orange County's Unofficial Insignia

On August 4, 2022, the Trademark Trial and Appeal Board (TTAB) affirmed refusals to register two proposed marks for various government related services…more

Intellectual Property Protection, Lanham Act, Trademark Application, Trademark Registration, Trademark Trial and Appeal Board

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Alexandra Crandall

Premium Processing Today: Answers to 5 Key Questions

On June 13, 2023, USCIS announced the latest phase of its effort to expand premium processing availability to those who are desperate to secure immigration status and related employment authorization for foreign national workers…more

Department of Labor (DOL), Employment Authorization Documents (EAD), Foreign Workers, Immigrants, Immigration Procedures

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Scot Crow

Private Equity in Health Care: Answers to Industry Questions

Dickinson Wright Attorneys recently tackled some basic questions regarding private equity in health care during Dickinson Wright’s Health Law Summit. Below is a summary of what was discussed…more

Investment, Investors, Private Equity, Private Equity Funds, Purchase Agreement

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Roger Cummings

New OSHA Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (in Japanese)

In response to President Biden’s Executive Order requiring action to protect workers amid the COVID-19 pandemic, the Occupational Safety and Health Administration (“OSHA”) released a comprehensive new guidance document for…more

Coronavirus/COVID-19, Employer Responsibilities, OSHA, Reporting Requirements, Risk Mitigation

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Brandon Debus

To Disclose Or Not To Disclose: Trade Secrets Vs. Patents

When a business develops valuable information not known to its competitors, it is often faced with a difficult and important decision: whether to disclose that information and seek federal patent protection, or to maintain the…more

Confidential Information, Corporate Strategy, Intellectual Property Protection, Patents, Registration Statement

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Kevin DeHart

$50 Million in Funding Available for Small Businesses in Tennessee

$50 MILLION IN FUNDING AVAILABLE FOR SMALL BUSINESSES IN TENNESSEE THROUGH SUPPLEMENTAL EMPLOYER RECOVERY GRANT PROGRAM - Tennessee Governor Bill Lee recently announced that the Supplemental Employer Recovery Grant ("SERG")…more

Business Interruption, Coronavirus/COVID-19, Governor Lee, Relief Measures, Small Business

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Angelina Delmastro

Let’s Start at the Very Beginning – Drafting Job Descriptions to Minimize Risk

Too often, job descriptions remain unchanged for years, merely given a perfunctory review each time an employer needs to hire a new candidate before being quickly rubber-stamped and attached to the job posting. Job descriptions…more

Employer Liability Issues, Hiring & Firing, Human Resources Professionals, Job Ads, Job Applicants

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David Deromedi

Michigan Employers Must Increase Sick Time and Minimum Wage by February 21, 2025

The game of legal whiplash is over – Michigan employers (and employment lawyers) now know that the Earned Sick Time Act and Improved Workforce Opportunity Wage Act, as originally proposed, will go into effect on February 21,…more

Earned Sick Time, Employer Responsibilities, MI Supreme Court, Minimum Wage, Paid Leave

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Phillip DeRosier

Is It Proper to Raise New Arguments or Submit New Evidence in a Motion for Reconsideration?

A version of this article was previously published in the Michigan Defense Quarterly, Vol. 40, No. 3 (2024). There may be times when a party facing an adverse summary disposition decision (whether it be the grant or denial of…more

Affidavits, Appeals, Evidence, Litigation Strategies, MI Supreme Court

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Kevin Desharnais

Florida Loses Wetland Permitting Authority

In a landmark decision, a federal court has ruled against the Environmental Protection Agency (EPA) and U.S. Fish and Wildlife Service, determining that their approval of Florida’s takeover of the Clean Water Act wetlands…more

Clean Water Act, Endangered Species Act (ESA), Environmental Protection Agency (EPA), Florida, US Fish and Wildlife Service

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Kevin Doherty

Suspicious Minds: Protecting Tennessee Artists from Generative AI

Effective July 1, 2024, a revolutionary new law will protect Tennessee artists and musicians from unethical uses of Artificial Intelligence (“AI”). The unprecedented Ensuring Likeness Voice and Image Security (“ELVIS”) Act…more

Artificial Intelligence, Copyright, Intellectual Property Protection, Music, Name and Likeness

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Emily Dorisio

May I Have a Deduction, Please?

Recently released final regulations under section 162(f) of the Internal Revenue Code of 1986, as amended (the “Code”), make it a necessity to properly draft settlement agreements and court orders between a taxpayer and the…more

Deductions, Government Payments, Internal Revenue Code (IRC), Tax Deductions

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L. Jemark Earle

Two New Decisions Shed Light on When Claims Can (and Cannot) Be Commenced

If you ask most lawyers and potential litigants which issue causes them to lose the most sleep at night, the answer will most often be missing a limitation period. After all, no matter how much money is at stake in a lawsuit or…more

Appeals, Limitation Periods, Statute of Limitations

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Peter Ellsworth

Gaming Legal News - January 9, 2013 • Volume 6, Number 1

In This Issue: - DICKINSON WRIGHT EXPANDS ITS PRESENCE IN PHOENIX THROUGH COMBINATION WITH MARISCAL, WEEKS, MCINTYRE & FRIEDLANDER, P.A., ADDING LEADING INDIAN LAW ATTORNEY: Dickinson Wright PLLC, with offices in…more

Gaming, Gaming Equipment, Licenses, Manufacturers, Slot Machines

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Paxton Endres

Top Three Employment-Based USCIS Adjustment Of Status FAQS At The End Of Fiscal Year 2022

There is no denying that the COVID-19 pandemic continues to impact employment-based adjustment of status (AOS) applicants for legal permanent residence. For example, consular closures and limited immigrant visa processing…more

Immigrants, Immigration Procedures, USCIS, Visas

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Erica Erman

2024 Revisions to Part 2: Key Changes, Impact, and Compliance Tips

Previously published in Healthcare News and Healthcare Michigan. On February 8, 2024, the Department of Health and Human Services (HHS) finalized revisions to 42 CFR Part 2. Read on to learn more about Part 2, the changes, and…more

Confidential Information, Consent, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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M. Reid Estes Jr.

Sixth Circuit Announces Stricter Standard for Sending Notice in FLSA Collective Actions

A recent court opinion from the Sixth Circuit Court of Appeals clarified an important point of law concerning the Fair Labor Standards Act (“FLSA”), specifically what “showing … is necessary for a district court to facilitate…more

Collective Actions, Employer Liability Issues, Employment Litigation, Fair Labor Standards Act (FLSA), limitat

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Kevin Everage

Free Mickey? (Don’t Be Goofy)

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. That is because, as of the new year, one of the most famous cartoon characters in history – Mickey…more

Copyright, Copyright Expiration, Disney, Intellectual Property Protection, Public Domain

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Geoffrey Farr

CSA Adopts “Access Equals Delivery Model” for Reporting Issuer Prospectuses

On January 11, 2024, the Canadian Securities Administrators (the “CSA”) published final amendments and changes to certain national instruments and companion policies (the “Amendments”). The Amendments provide for an optional…more

Canada, Canadian Securities Administration, Disclosure Requirements, Financial Services Industry, Investment Funds

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Michael Feder

Managing the Risk of Events in a Post-COVID World: Three FAQs

As we look ahead to a post-COVID world, many are wondering how to make events safe, reduce liability, and implement contractual protections should an emergency arise. This blog highlights some frequently asked questions when…more

Coronavirus/COVID-19, Events, Force Majeure Clause, Infectious Diseases, Risk Management

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Ashley Fernandez

FTC Bans BetterHelp, Inc. From Revealing Consumers’ Sensitive Health Data to Third Parties for Advertising

The practice of turning over our personal data to online platforms is nothing new and, some may argue, a routine practice of using the Internet today. A survey by the Pew Research Internet Project reveals that roughly six-in-ten…more

Advertising, Federal Trade Commission (FTC), Investigations, Personal Data

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Brian Fleetham

[Webinar] The Ins, Outs, and No-Nos in Negotiating Physician Employment Agreements - November 30th, 2:00 pm - 3:00 pm EST

Join us for an exclusive webinar, "The Ins, Outs and No-Nos in Negotiating Physician Employment Agreements." Designed for officers of physician and other practice groups, their advisors, accountants, and potential professional…more

Contract Negotiations, Employment Contract, Fraud and Abuse, Hiring & Firing, Physicians

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Paul Fransway

Franchise and Distribution News - March 2017

Is your dispute, subject to arbitration under your Franchise Agreement, going to be litigated in court? As we all know, using arbitration clauses in commercial agreements is pretty commonplace—particularly in the franchise…more

Arbitration, Canada, Franchise Agreements, Franchise Disclosure Document, Franchisors

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Heather Frayre

Plugged In: An EV Newsletter Vol. 2, No. 8

Editor’s Note - Welcome to the October 2024 edition of Plugged In, in which we continue our three-part series on the role of technology and AI in shaping the future of the automotive industry. Our journey will culminate on…more

Artificial Intelligence, Automotive Industry, Driverless Cars, Electric Vehicles, Infrastructure

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Julia Freedman

Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court

Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the terms…more

Affidavits, Canada, Commercial Leases, Contract Terms, Lease Term

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Jacob Frenkel

Analysis: Cyber-Monitoring: The Next Frontier

Cybersecurity is “hot” and will stay “hot” for corporations, executives, regulators, law enforcement and legislators. Rarely is there a corporate compliance discussion in 2017 where cyber isn’t “the” topic or a material part of…more

Corporate Monitoring, Cybersecurity, Cybersecurity Framework, Data Protection, FTC Guidelines

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Sam Friedman

Understanding the CSA’s Proposed Shelf Prospectus Regime for Well-Known Seasoned Issuers

On September 21, 2023, the Canadian Securities Administrators (the “CSA”) published proposed amendments to National Instrument 44-102 Shelf Distributions (“NI 44-102”) as well as to certain other rules and policies in connection…more

Canada, Canadian Securities Administration, Disclosure Requirements, Proposed Amendments, Securities Regulation

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Jeffrey Gehring

Graduated GRATs

One traditional estate planning technique that has become increasingly popular in recent months is the Grantor Retained Annuity Trust (GRAT). Simply stated, a GRAT is an irrevocable trust where the grantor contributes property…more

Gift Tax, Grantor Retained Annuity Trusts (GRATs), Grantors, Transfer Taxes

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Gregory Gemignani

UPDATED: Gaming & Hospitality Legal News, Volume 12, Number 15: Gaming in the Biden Administration - What to Expect Next

Nobody has been able to predict anything about 2020, including the results of the 2020 U.S. elections (although many tried - more than $1 billion in foreign wagers were placed on the outcome of the Presidential race). In the…more

Biden Administration, Casinos, Fantasy Sports, Gaming, Hospitality Industry

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Autumn Gentry

DOL Withdraws Trump-Era Independent Contractor Rule

Two weeks before former President Trump left office, the U.S. Department of Labor (DOL) published a final rule establishing an independent contractor status test under the Fair Labor Standards Act (FLSA). The Trump-era rule was…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Fair Labor Standards Act (FLSA), Independent Contractors

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Ellad Gersh

Ontario Court of Appeal Clarifies Limitation Periods for Loans, Gifts, and Estate Claims

The question of when a lawsuit can be commenced in Ontario seems pretty straightforward – in general, a plaintiff has two years from the date when the basis for a claim is (or should have been) discovered. It sounds simple…more

Beneficiaries, Canada, Estate Planning, Gifts, Holding Companies

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Aimee Gibbs

Bank Warning: Don’t Get Charged Millions for Processing Out-of-State Garnishments Improperly

I. Overview of Changes - On May 4, 2022, the Consumer Financial Protection Bureau (the “Bureau”) issued a Consent Order implicating how certain banking institutions must respond to Garnishment The Consent Order places the…more

Banking Sector, Banks, Financial Institutions, Garnishment

See all updates »

K. Michael Gillum

Corporate Transparency Act Questionnaire | 企業透明性法のアンケートのお知らせ

As we reported in August 2023, the Corporate Transparency Act (the “CTA”) will become effective on January 1, 2024. For the first time, the United States government will require certain U.S. business entities and foreign…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act, FinCEN

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Steven Glista

Ohio Voters May Legalize Recreational Marijuana Use for Adults

Between October 11 and November 7, 2023, Ohio voters will decide whether to approve Issue 2 – a voter-initiated law “To Commercialize, Regulate, Legalize and Tax the Adult Use of Cannabis.” A simple majority vote would permit…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries

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Dan Goldfine

Plugged In: An EV Newsletter Vol 1 No 6

This is the sixth edition of Plugged-In, our monthly EV newsletter. In the last six months, we have covered multiple topics such as the United States’ decoupling agenda from China (and how that may not work in the short-term),…more

Automotive Industry, Electric Vehicles, Ford Motor, Foreign Workers, Highly-Skilled Workers Visa

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Daniel Gosch

Managing Uncertainty Through Financial Crisis Requires Proactive Guidance

The COVID-19 situation has already had a significant effect on the economy, and it will no doubt continue to do so. Almost every type of business is likely to experience some form of financial upheaval. We simply cannot have a…more

Business Continuity Plans, Coronavirus/COVID-19

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Deborah Grace

Remote Employees Participating in Employee Benefit Plans – What’s Local Law Got to Do with It?

Recently, a client called about a remote employee who was moving from the company’s primary location to a different state, and would continue working for the company. The company had no other employees in the new state and the…more

401k, Compensation & Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA), Hiring & Firing

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Roberta Granadier

May 31, 2021 Notice Deadline Approaching for New COBRA Subsidy Relief

The American Rescue Plan Act of 2021 (“ARP”) includes a 100% COBRA temporary subsidy for certain eligible individuals (“Assistance Eligible Individuals”) who lost health care coverage due to an involuntary termination of…more

American Rescue Plan Act of 2021, COBRA, Deadlines, Employee Benefits, Subsidies

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Steven Gray

COVID-19 Guidance and Resources

1. OVERVIEW - The impact of COVID-19 is changing at a rapid pace. The outbreak of the 2019 Novel Coronavirus disease (“COVID-19”) which originated in Wuhan, China, has rapidly spread throughout the world, including Canada and…more

Commercial Leases, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

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Caleb Green

You Received a “Notice of Data Security Incident” from the USPTO—Now What?

The United States Patent and Trademark Office (USPTO) recently issued a notice that a data security incident exposed domicile addresses of numerous trademark applicants who filed applications between February 2020 and March…more

Data Privacy, Data Protection, Data Security, Descriptive Trademarks, EU

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Patrick Green

Franchise and Distribution News - March 2017

Is your dispute, subject to arbitration under your Franchise Agreement, going to be litigated in court? As we all know, using arbitration clauses in commercial agreements is pretty commonplace—particularly in the franchise…more

Arbitration, Canada, Franchise Agreements, Franchise Disclosure Document, Franchisors

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Eric Gregory

The Top Affordable Care Act Reporting Mistakes We Continue to See in 2024

Nearly once a week, I receive a frantic call or email from a current or potential client who has received a proposed or final assessment from the IRS related to Affordable Care Act (“ACA”) reporting. So-called “Applicable Large…more

Affordable Care Act, Applicable Large Employers (ALE), Compliance, Employee Benefits, Form 1094

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Henry Grix

August 31 Deadline Looming for Coronavirus Related Return of Required Minimum Distributions

The IRS this week issued Information Release 2020-187 to remind IRA owners and beneficiaries, as well as participants in workplace retirement arrangements, that they have until August 31 to return required minimum distributions…more

CARES Act, Coronavirus/COVID-19, Individual Retirement Account (IRA), IRS, Required Minimum Distributions

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Gary Gudmundsen

An Alternative to 1031 Exchanges

IRC § 1400Z-2, under The Tax Cuts and Jobs Act of 2017, established an investment program designed to provide preferential tax treatment for investment in developments located within certain designated economically distressed…more

Capital Gains, Community Development, Investment Opportunities, Opportunity Zones, Qualified Opportunity Funds

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Tara Halbert

IRS Grants Relief for 2020 RMDs

The IRS recently granted additional relief for retirement account owners due to Covid-19. Generally, when a person attains age 72 (previously age 70 ½) that person is required to begin taking required minimum distributions…more

Coronavirus/COVID-19, IRS, Popular, Relief Measures, Required Minimum Distributions

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Thomas Hammerschmidt Jr.

The SALT Cap and State Taxation of Pass-Through Entities

Among the many significant changes in the 2017 Tax Cut and Jobs Act (TCJA), individual taxpayers’ deductions for state and local taxes (SALT deductions) on federal Form 1040 Schedule A were capped at $10,000 ($5,000 for married…more

Income Taxes, Property Tax, SALT, State Taxes, Tax Cuts and Jobs Act

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Craig Hammond

Treasury Releases Proposed Regulations on Opportunity Zones

Background - The Tax Cut and Jobs Act of 2017 (TCJA) created a new economic development tool designed to assist low-income communities which are designated as Qualified Opportunity Zones (QOZs)…more

Capital Gains, Community Development, Economic Development, Internal Revenue Code (IRC), Investment Funds

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Mark Heusel

USTR Finalizes Modifications on Section 301 Tariffs

On September 16, 2024, the Office of the United States Trade Representative (“USTR”) announced the final modifications on China 301 tariffs after completing its statutory four-year review in May 2024…more

Aluminum Sales, China, Exclusions, Imports, Section 301

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Mark High

Are You Prepared for the Corporate Transparency Act? What to Know Before December 31, 2024

The Corporate Transparency Act (“CTA” or the “Act”) became effective as of January 1, 2024. It is the latest effort by the federal government to combat money laundering, tax fraud, and other illegal activity by bad actors. …more

Anti-Money Laundering, Beneficial Owner, Business Entities, Business Ownership, Corporate Governance

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Scott Holcomb

Statutory Limitations on Public Records Requests: Lessons from Audit-USA v. Maricopa County

In February 2023, the Arizona Court of Appeals issued an opinion in Audit-USA v. Maricopa County, 525 P.3d 279 (Ariz. App. 2023) [CA-CV 22-0254], addressing the fundamentals of Arizona’s public records laws…more

Ballots, Public Records, Request for Production, Statute of Limitations

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Martin Holmes

The DOL to Bring Back the 80/20 Rule for Tipped Employees with an Additional 30-Minute Rule

In an effort to “undo” the Department of Labor’s (“DOL”) actions under the Trump administration, on June 23, 2021, the agency published a Notice of Proposed Rulemaking (“NPRM”), revising how it will regulate the minimum wage pay…more

Department of Labor (DOL), Employer Responsibilities, Fair Labor Standards Act (FLSA), Minimum Wage, NPRM

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Alex Holtshouser

Patenting with Artificial Inventors

Guidance on using AI to Invent - Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Court precedent and the United States…more

Artificial Intelligence, Copyright, Intellectual Property Protection, Inventions, Inventors

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William Honaker

How to Avoid Copyright Infringement of Online Image

Are you at risk for huge losses? Are you using images on your website that you clipped from the Internet? Do you know for sure? Did you leave these decisions to your webmaster? Are you certain you have the rights to use these…more

Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Protection, Photographs

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Brooke Howard

The Freedom—and Limits—of Political Speech in the Workplace

With the 2024 election quickly approaching, employers should expect an increase in political conversation and activity in the workplace. It is essential during political seasons for both employers and employees to understand how…more

Employee Rights, Employees, Employment Policies, First Amendment, Free Speech

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Steven Howell

Managing Uncertainty Through Financial Crisis Requires Proactive Guidance

The COVID-19 situation has already had a significant effect on the economy, and it will no doubt continue to do so. Almost every type of business is likely to experience some form of financial upheaval. We simply cannot have a…more

Business Continuity Plans, Coronavirus/COVID-19

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Timothy Howlett

The Michigan Supreme Court Expands Public Policy Causes of Action for Retaliatory Discharge

Under Michigan’s Occupational Health and Safety Act (“MiOSHA”), employers may not “discharge an employee or in any manner discriminate against an employee because the employee filed a complaint” regarding the employer’s unsafe…more

At-Will Employment, Discrimination, Employment Litigation, Hiring & Firing, MI Supreme Court

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Kristen Hudson

Advocacy in Arbitration: 5 Tips from an Arbitrator on How to Present Your Case

I used to think that judges had it so easy. That all they had to do was read the briefs, listen to the arguments, and make a decision. Only after I started serving as an arbitrator did I understand how hard it is to be the one…more

Arbitration, Arbitration Agreements, Client Services, Litigation Strategies, Trial Practice Guidance

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Wendy Hulton

U.S. Marketing Materials Can and Will Be Used Against You in a Canadian Court

Health Canada determined that Texas-based LE-VEL BRANDS, LLC (“Le-Vel”), broke the law by selling its weight loss products to Canadians without seeking product licenses for their natural health products. The products had been…more

Canada, Health Canada, Health Claims, Marketing

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William Hurles

Accelerating Innovation for New Inventors: Inside the First-Time Filer Expedited Patent Pilot Program

Most inventors can attest to the surprise they felt upon learning that the United States Patent and Trademark Office (USPTO) likely will not respond to their first patent application for a couple of years after filing. To…more

Intellectual Property Protection, Inventors, Patent Applications, Patents, Pilot Programs

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Brian Irvine

Managing Uncertainty Through Financial Crisis Requires Proactive Guidance

The COVID-19 situation has already had a significant effect on the economy, and it will no doubt continue to do so. Almost every type of business is likely to experience some form of financial upheaval. We simply cannot have a…more

Business Continuity Plans, Coronavirus/COVID-19

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Sara Jodka

Measures for Businesses to Comply with the FCC’s One-to-One Consent Rule by January 27, 2025

On January 27, 2025 (the “Effective Date”), the Federal Communications Commission’s (“FCC”) “1:1” consent rule for telemarketing texts and auto-dialed, i.e., robocalls and robotexts will go into effect (the “Final Rule”). The…more

Consent, FCC, Final Rules, Mobile Devices, Prior Express Consent

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Carolyn Johnsen

A Realistic Survival Option For Small Businesses – Relief Under The Small Business Reorganization Act

No one can yet predict the overall effect the COVID-19 pandemic will have on the economy in the long run. However, the immediate impact on small businesses seems readily apparent. The dramatic disruption has impeded cash flow…more

CARES Act, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19, Creditors

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Brian Johnson

UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

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Erin Johnson

Leveraging Tenant Estoppel Certificates in Commercial Real Estate Deals

In evaluating the feasibility and profitability of a potential investment, it’s crucial for a prudent buyer to conduct a comprehensive review of all property leases. Such an examination allows the buyer to verify the property’s…more

Buyers, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Estoppel Certificates

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Mark Jotanovic

Doobie-ous Competition: How a Cannabis Company Can Use Employment Agreements to Protect Intellectual Property

In our prior posts, we discussed the two issues that should be at the forefront of any branding strategy: In this post, we briefly discuss how cannabis businesses can implement employment agreements to further protect their…more

Brand, Cannabidiol (CBD) oil, Cannabis Products, Cannabis-Related Businesses (CRBs), Employment Contract

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Matthew Keane

States Relax COVID-19 Restrictions on Businesses as Summer Approaches

With summer approaching and vaccination numbers surging, the United States’ population appears more than ready to return to normalcy after over a year of COVID-19 lockdown. However, while citizens and businesses alike clamor…more

Coronavirus/COVID-19, Corporate Counsel, Health and Safety, Masks, Public Gatherings

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Collin Kelly

Federal Trade Commission Proposes Rule to Ban Non-Compete Clauses | 联邦贸易委员会提议禁止竞业禁止条款

On January 5, 2023, the Federal Trade Commission (“FTC”) issued a notice of proposed rulemaking (“NPRM”) to ban the use of non-compete clauses with all workers. Although not yet enforceable, the proposed rule marks a dramatic…more

Comment Period, Contract Terms, Employment Contract, Federal Trade Commission (FTC), FTC Act

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Juli Kim

New Filing Requirements for Canadian Federal Corporations

Effective January 22, 2024, all federally incorporated companies must file information on “individuals with significant control” (“ISC”) pursuant to new requirements under the Canada Business Corporation Act (the “CBCA”). This…more

Beneficial Owner, Canada, CBCA, Corporate Governance, Filing Requirements

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John Krieger

The Who, What, Why, and How of NFTs, the Metaverse, and IP

Recently, Jennifer Ko Craft (Member, Las Vegas) and John Krieger (Member, Las Vegas) presented at ACC Nevada’s monthly virtual CLE webinar on “The Who, What, Why, and How of NFTs, the Metaverse, and IP.” They discussed the…more

Blockchain, Copyright, Digital Assets, Intellectual Property Protection, Non-Fungible Tokens (NFTs)

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Lucie Kroumova

Electronic Corporate Filings and Virtual Shareholder Meetings for Ontario Corporations

On May 12, 2020, Bill 190 (the “Bill”) received royal assent, providing temporary and necessary relief to Ontario businesses to permit corporations to conduct virtual meetings, (regardless of inconsistent provisions in corporate…more

Canada, E-Filing, Virtual Meetings

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Peter Kulick

Are My Employees Telecommuting Right into a New State Income Tax Liability?

A phenomenon of the ongoing COVID-19 healthcare pandemic is the exponential expansion of telecommuting. Whether stemming from an epiphany or simply the opportunity to escape to a more appealing place to live, many members of the…more

Coronavirus/COVID-19, Income Taxes, Remote Working, State Taxes, Telecommuting

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Rasika Kulkarni

Plugged In: An EV Newsletter Vol. 2, No. 2

Editor’s Note - Dear Readers, Our collaboration with guest authors continues to ramp up, this time with an author from half way around the world! Welcome to yet another enthralling edition of Plugged-In, where we hear from…more

Automotive Industry, Batteries, Charging Stations, Electric Vehicles, Manufacturers

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Amy Kwiatkowski

SBA Guidance on PPP Borrowers: Transfers of Equity and Assets

On Friday, October 2, 2020, the Small Business Administration (“SBA”) issued a Procedural Notice setting out the required procedures for companies pursuing certain equity or asset purchases or sales, or other transfers, who have…more

Borrowers, Change of Ownership, Lenders, Loan Forgiveness, Paycheck Protection Program (PPP)

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John Lawrence

UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

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Kathy Le

Amendments to the Arthur Wishart Act, 2000

On July 16, 2020, the government of Ontario announced that amendments to the Arthur Wishart Act (Franchise Disclosure), 2020 (the “Act”) and to its General Regulation (the “Regulation”) will be brought into force on September 1,…more

Canada, Confidentiality Agreements, Disclosure Requirements, Franchisee, Franchises

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Marc Lean

COVID-19 Guidance and Resources

1. OVERVIEW - The impact of COVID-19 is changing at a rapid pace. The outbreak of the 2019 Novel Coronavirus disease (“COVID-19”) which originated in Wuhan, China, has rapidly spread throughout the world, including Canada and…more

Commercial Leases, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

See all updates »

John Leslie

Managing Uncertainty Through Financial Crisis Requires Proactive Guidance

The COVID-19 situation has already had a significant effect on the economy, and it will no doubt continue to do so. Almost every type of business is likely to experience some form of financial upheaval. We simply cannot have a…more

Business Continuity Plans, Coronavirus/COVID-19

See all updates »

Elise Levasseur

Stay Extended by Texas Court to Sept. 23 for Approval of Keeping Families Together Parole

On September 4, 2024, U.S. District Judge J. Campbell Barker for the Eastern District of Texas, Tyler Division, signed an Order denying the Motion of the U.S. Department of Homeland Security (DHS) to lift his prior Order staying…more

Department of Homeland Security (DHS), Family Members, Immigration Procedures, Spouses, Stays

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Jennifer Leve

Bill C-208: Intergenerational Business Transfers

On June 29, 2021, Bill C-208 was granted Royal Assent and became law in Canada. Bill C-208 amended the Income Tax Act (Canada) (the “Act”) to provide tax relief to families wishing to transfer shares of small business…more

Canada, Income Taxes, Tax Planning

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Edward Levitt

Sub-par Claim: Franchisee’s Beef With Supplier Leaves Bad Taste

Highlights - In general, a supplier’s obligation is to ensure the safety of its goods to the end consumer. A supplier does not owe a duty of care to other commercial parties in a supply chain…more

Contract Terms, Duty of Care, Franchisee, Franchises, Franchisors

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Dana Levy

When Can My Child Decide Which Parent to Live with After the Divorce?

In Arizona, a child can decide which parent to live with after their parent’s divorce only when the child reaches his or her 18th birthday. At this age, when the child is no longer a minor, the Court loses jurisdiction over the…more

Child Custody, Co-Parenting, Divorce, Parenting Plans, Spouses

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Ralph Levy Jr.

Suspicious Minds: Protecting Tennessee Artists from Generative AI

Effective July 1, 2024, a revolutionary new law will protect Tennessee artists and musicians from unethical uses of Artificial Intelligence (“AI”). The unprecedented Ensuring Likeness Voice and Image Security (“ELVIS”) Act…more

Artificial Intelligence, Copyright, Intellectual Property Protection, Music, Name and Likeness

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Leslee Lewis

The End to Discounts for Transfers of Interests in Family Business Entities

The ability to use transfer and liquidation restrictions in legal documents to reduce the value of an interest in a family-controlled (or “closely-held”) business entity (e.g., partnership, corporation, limited liability…more

Business Succession, Business Valuations, Closely Held Businesses, Comment Period, Estate Planning

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Michael Lipton

Operators, Start Your Engines; But Beware of Sanctions

Less than a month has passed since the launch of the regulated iGaming market in Ontario, and the Ontario regulator has already handed down its first pair of penalties. On Tuesday, May 3, 2022, the Alcohol and Gaming Commission…more

Canada, Gaming, Gaming Commissions, Ontario

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Alan Litwack

Delaware Corporate Law to Follow Canadian Corporate Law

Corporate lawyers in Canada tend to follow decisions of the Delaware Courts involving corporate governance and shareholder matters, as decisions of the Delaware Courts are often a bellwether as to how certain aspects of…more

Board of Directors, Canada, Corporate Governance, Delaware General Corporation Law, Initial Public Offering (IPO)

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Frank Long

Franchise and Distribution News - March 2017

Is your dispute, subject to arbitration under your Franchise Agreement, going to be litigated in court? As we all know, using arbitration clauses in commercial agreements is pretty commonplace—particularly in the franchise…more

Arbitration, Canada, Franchise Agreements, Franchise Disclosure Document, Franchisors

See all updates »

Michael Lusardi

COVID-19 and Its Impact on Performance of Commercial Leases: A Review of Force Majeure, Impossibility of Performance, and Frustration of Purpose

As COVID-19 spreads throughout the United States and governors issue “shelter-in-place” orders and mandate the closure of non-essential businesses, landlords and tenants have encountered new and evolving challenges in meeting…more

Commercial Contracts, Commercial Leases, Commercial Real Estate Market, Contract Terms, Coronavirus/COVID-19

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Andrew MacLeod

Don’t Forget Your Charitable Contributions

The CARES Act made a number of well publicized revisions to the tax code, including as to the payment of employee wages and the deduction of interest and net operating losses. Perhaps lesser known are the revisions in the CARES…more

CARES Act, Charitable Deductions, Charitable Donations, Tax Deductions

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Patrick Masterson

Ramping Up: Antitrust Enforcement in Health Care

Originally published in Healthcare Michigan, Volume 41, No. 6 - It has been a rapid-fire start to 2024 with antitrust enforcers within the Biden administration ramping up regulatory scrutiny across the U.S.—and health care is at…more

Acquisitions, Antitrust Division, Antitrust Provisions, Competition, Department of Health and Human Services (HHS)

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James Mauro

IRS Independent Office of Appeals

When dealing with the Internal Revenue Service during the initial stages of a tax case, whether it involves an audit, collection issue, request for penalty relief, or a proposed plan of resolution such as an Offer In Compromise,…more

Audits, IRS, TEFRA

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Scott McBain

Plugged In: An EV Newsletter Vol. 2, No. 7

Editor’s Note - Welcome to our September, 2024 edition of Plugged In, DW's monthly newsletter addressing the industry's transformative transition to EVs. Over the next few months, Plugged In will turn its focus to the…more

Artificial Intelligence, Automation Systems, Automotive Industry, Carbon Emissions, Electric Vehicles

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Christina McDonald

Michigan Employers Must Increase Sick Time and Minimum Wage by February 21, 2025

The game of legal whiplash is over – Michigan employers (and employment lawyers) now know that the Earned Sick Time Act and Improved Workforce Opportunity Wage Act, as originally proposed, will go into effect on February 21,…more

Earned Sick Time, Employer Responsibilities, MI Supreme Court, Minimum Wage, Paid Leave

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Matthew McDonnell

New Ohio Power Siting Board Rules Take Effect May 30, 2024

On May 20, 2024, the Ohio Power Siting Board (“Board” or “OPSB”) “final filed” its revisions to the administrative rules governing the siting of power generation…more

Application Fees, Economic Impact Analysis, Energy Projects, Energy Sector, Regulatory Requirements

See all updates »

Matt McLeod

CSA Adopts “Access Equals Delivery Model” for Reporting Issuer Prospectuses

On January 11, 2024, the Canadian Securities Administrators (the “CSA”) published final amendments and changes to certain national instruments and companion policies (the “Amendments”). The Amendments provide for an optional…more

Canada, Canadian Securities Administration, Disclosure Requirements, Financial Services Industry, Investment Funds

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Mordy Mednick

When Property Managers Change Jobs: Who Keeps the Client?

In the property management industry, where everything is deeply competitive, a critical question is whether or not a property manager is entitled to switch from one property management company to another and, at the same time,…more

Canada, Condominiums, Employees, Fiduciary Duty, Former Employee

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Brian Merdinger

Defending Against an Order of Protection: Five Points to Consider Before Requesting a Hearing in Arizona

You and your spouse have commenced divorce proceedings and are in the process of negotiating an appropriate parenting time schedule for your children…more

Divorce, Parenting Plans, Parenting Time, Spouses

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Jomy Methipara

Recap of TikTok Forced Sale Bid Embroils ByteDance’s Vast Patent Trove

In a recent article on BloombergLaw.com titled “TikTok Forced Sale Bid Embroils ByteDance’s Vast Patent Trove,” the spotlight is on ByteDance’s formidable patent portfolio, which poses a significant challenge to any mandated…more

Buyers, Divestment, Intellectual Property Protection, Licenses, Parent Corporation

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Nicole Meyer

U.S. Supreme Court Holds Trademark Registrations Are Free to Disparage

Justice Alito’s summary opinion announced in Court Monday morning, in what has come to be known as the Slants case (Matel v. Tam, 582 U.S. ___ (June 19, 2017), was short and sweet but the trademark applications we can expect in…more

Disparagement, First Amendment, Free Speech, Lanham Act, Matal v Tam

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Christopher Mitchell

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most significant…more

America Invents Act, Apple, DNA, First-to-File, First-to-Invent

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Ryan Mitchell

ITC Rules on SolarWorld/Suniva Investigation

In spring of 2017, Suniva Inc. ("Suniva") and SolarWorld Americas, Inc. ("SolarWorld") (together, the "Petitioners"), filed Investigation No. TA-201-075 with the International Trade Commission (the "ITC") under Section 201 of…more

Clean Energy, Domestic Injury, Energy Sector, Imports, International Trade Commission (ITC)

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Cynthia Moore

Why Establish a Fiduciary Committee for Welfare Benefit Plans?

Many plan sponsors have read about the lawsuit filed against Johnson & Johnson alleging that it breached its fiduciary duties with regard to the prescription drug component of its group health plan, causing participants to…more

Benefit Plan Sponsors, Breach of Duty, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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Paul Muchnik

Protecting Small Business Act 2020

As of June 18th, Bill 192, Protecting Small Business Act, 2020 (the “Act”) received royal assent and came into force. The Act is an amendment to the Commercial Tenancies Act of Ontario (the “CTA”) and introduces prohibitions on…more

Canada, Commercial Tenants, Coronavirus/COVID-19, Landlords, Relief Measures

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Ian Nesteruk

Parole in Place for U.S. Citizens’ Spouses: What (Little) We Know Before August 19 Start

U.S. Citizenship and Immigration Services (USCIS) continues to keep spouses and stepchildren of U.S. citizens in suspense regarding the process and requirements for filings that may be made on Monday, August 19, 2024, for…more

Green Cards, Immigration Procedures, Residency Requirements, Residency Status, Spouses

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Sharon Newlon

Michigan Court of Appeals Strikes State PFAS Drinking Water Standards

On August 22, 2023, a split panel of the Michigan Court of Appeals held that the Department of Environment, Great Lakes, and Energy (EGLE) violated the Administrative Procedures Act (APA) by promulgating a new rule establishing…more

3M Company, Administrative Procedure Act, Drinking Water, Environmental Impact Statements, Environmental Policies

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Zan Nicolli

UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

See all updates »

Shauna Norton

Trademark Modernization Act—What New and Upcoming Changes Could Mean for Your Trademarks

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Among other things, the TMA created new procedures for challenging pending applications and registrations and updated several rules relating to…more

Corporate Counsel, Expungement, Intellectual Property Protection, Trademark Application, Trademark Cancellation

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Terrence O'Donnell

New Ohio Power Siting Board Rules Take Effect May 30, 2024

On May 20, 2024, the Ohio Power Siting Board (“Board” or “OPSB”) “final filed” its revisions to the administrative rules governing the siting of power generation…more

Application Fees, Economic Impact Analysis, Energy Projects, Energy Sector, Regulatory Requirements

See all updates »

Joseph Owens

Nonprofit Organizations and the Corporate Transparency Act

Effective as of January 1, 2024, the Corporate Transparency Act (“CTA”) requires most corporations, limited liability companies, and other registered entities to report Beneficial Ownership Information (“BOI”) to the U.S…more

Beneficial Owner, Charitable Trusts, Compliance, Corporate Transparency Act, FinCEN

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Rebecca Papi

Post-COVID Opportunities and Legal Considerations to Franchise Resale

It would be difficult to find any person or business that has not been affected by COVID-19. Over the last few months, most states have issued “stay at home,” “shelter-in-place,” and other similar orders. Businesses all over the…more

Business Closures, Business Interruption, Coronavirus/COVID-19

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Melissa Patterson

Key Takeaways from Claim Examples in the 2024 AI Patent Eligibility Guidance: A 3-Part Series

Part 1 - On July 17, 2024, the U.S. Patent and Trademark Office (the Office) released new guidance on subject matter eligibility, entitled “The 2024 Patent Subject Matter Eligibility Guidance Update Including on Artificial…more

Artificial Intelligence, Intellectual Property Protection, Inventions, Patent-Eligible Subject Matter, Patents

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Griffin Peloso

CSA Adopts “Access Equals Delivery Model” for Reporting Issuer Prospectuses

On January 11, 2024, the Canadian Securities Administrators (the “CSA”) published final amendments and changes to certain national instruments and companion policies (the “Amendments”). The Amendments provide for an optional…more

Canada, Canadian Securities Administration, Disclosure Requirements, Financial Services Industry, Investment Funds

See all updates »

Alan Perlman

Managing Uncertainty Through Financial Crisis Requires Proactive Guidance

The COVID-19 situation has already had a significant effect on the economy, and it will no doubt continue to do so. Almost every type of business is likely to experience some form of financial upheaval. We simply cannot have a…more

Business Continuity Plans, Coronavirus/COVID-19

See all updates »

Lee Petro

AI in Political Advertising

Artificial Intelligence (“AI”) is an incredible tool that is now widely used across industries – political advertising is no exception. AI is easy to use, inexpensive, and fast. Lately, we’ve received an influx of questions from…more

Artificial Intelligence, Broadcasting, Communications Act of 1934, FCC, Federal Election Commission (FEC)

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Craig Phillips

[Webinar] First Annual Health Law Virtual Summit - November 4th - 5th, 11:00 am - 3:00 pm ET

From new fraud and abuse rules, to telehealth and tax legislation to health care privacy and private equity in the healthcare space, a lot has changed in health law over the past year. Please join us for a two-day virtual…more

Anti-Kickback Statute, Continuing Legal Education, Coronavirus/COVID-19, Data Privacy, Data Security

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Lloyd Pierre-Louis

Ohio Voters May Legalize Recreational Marijuana Use for Adults

Between October 11 and November 7, 2023, Ohio voters will decide whether to approve Issue 2 – a voter-initiated law “To Commercialize, Regulate, Legalize and Tax the Adult Use of Cannabis.” A simple majority vote would permit…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries

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Christine Pirik

New Ohio Power Siting Board Rules Take Effect May 30, 2024

On May 20, 2024, the Ohio Power Siting Board (“Board” or “OPSB”) “final filed” its revisions to the administrative rules governing the siting of power generation…more

Application Fees, Economic Impact Analysis, Energy Projects, Energy Sector, Regulatory Requirements

See all updates »

James Plemmons

Right-to-Repair Orders Issued by Federal Trade Commission

The Federal Trade Commission (“FTC”) has shifted its attention to repair restrictions. We had a head’s up that the decade-long hiatus was ending. In its July 2021 policy statement and May 2021 report to Congress, the FTC made…more

Federal Trade Commission (FTC), Magnuson-Moss Act, Manufacturers, Right to Repair, Warranties

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Andre Poles

Dissent Rights and Shareholder Agreements – New Ruling Provides Guidance

Dissent rights, entrenched in most provincial corporate statutes, grant shareholders the power to contest significant corporate changes and compel the corporation to repurchase their shares at a fair market value. Central to the…more

Canada, Dissenters Rights, Holding Companies, Shareholders, Shareholders' Agreements

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Dan Poliwoda

Canada Sanctions Iranian Officials for ‘Systematic Human Rights Violations’

Introduction - On October 3, 2022, the Honourable Melanie Joly, Canada’s Minister of Foreign Affairs, announced that Canada was imposing sanctions on 25 Iranian officials and 9 Iranian entities/organizations that are directly…more

Canada, Economic Sanctions, Foreign Relations, Human Rights, Iran

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Marlene Pontrelli

Why Katy Perry’s “Roar” Can Be Powerful Against Narcissistic Abuse

It is very likely you know someone who exhibits narcissistic tendencies. The person who feels they are always right, lacks empathy for others, and is obsessed with power and control. Most of the time, we can ignore those…more

Abuse and Neglect, Dissolution, Divorce, Family Law Courts, Mental Health

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Matthew Powell

Canadian Patent Infringement: The Role of Non-Infringing Options in Profit Calculations and the Availability of Springboard Profits

The Supreme Court of Canada recently clarified the role of non-infringing options as well as springboard profits when calculating profits in patent infringement cases…more

Canada, Corporate Counsel, Dow Chemical, Intellectual Property Protection, Non-Infringing Alternatives (NIAs)

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David Preger

Managing Uncertainty Through Financial Crisis Requires Proactive Guidance

The COVID-19 situation has already had a significant effect on the economy, and it will no doubt continue to do so. Almost every type of business is likely to experience some form of financial upheaval. We simply cannot have a…more

Business Continuity Plans, Coronavirus/COVID-19

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Joseph Pytel

Plugged In: An EV Newsletter Vol. 2, No. 8

Editor’s Note - Welcome to the October 2024 edition of Plugged In, in which we continue our three-part series on the role of technology and AI in shaping the future of the automotive industry. Our journey will culminate on…more

Artificial Intelligence, Automotive Industry, Driverless Cars, Electric Vehicles, Infrastructure

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Justin Quach

New Filing Requirements for Canadian Federal Corporations

Effective January 22, 2024, all federally incorporated companies must file information on “individuals with significant control” (“ISC”) pursuant to new requirements under the Canada Business Corporation Act (the “CBCA”). This…more

Beneficial Owner, Canada, CBCA, Corporate Governance, Filing Requirements

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Daniel Quick

UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

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Les Raatz

Arizona PROP 208 – Big Tax Increase Possible in Arizona

On the ballot in Arizona this November is Proposition 208 (the “Proposition”). Proponents assert it will benefit students in public schools. Critics warn it sends most of the increased income tax revenue it generates into the…more

Ballots, Business Taxes, Income Taxes, Public Schools, Tax Cuts and Jobs Act

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Brian Radnoff

Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court

Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the terms…more

Affidavits, Canada, Commercial Leases, Contract Terms, Lease Term

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Elliot Rand

Ontario Updates Director Residency Requirements

As of July 5, 2021, corporations incorporated under Ontario’s Business Corporations Act will no longer be required to have at least 25% of directors be resident Canadians. Effective July 5, 2021, subsection 118(3) of Ontario’s…more

Board of Directors, Business Corporation Act, Canada, Corporate Governance, Ontario

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Michael Raymond

SEC Releases Crowdfunding Rules for Securities Offerings

Investors will be able to purchase securities through internet crowdfunding platforms under new final rules released by the Securities and Exchange Commission (SEC) in October. The final rules, known as “Regulation…more

Crowdfunding, Disclosure Requirements, Internet, Investors, JOBS Act

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Kristyn Recchia

“But it’s legal in Michigan, so it can’t be used against me…right?” – Marijuana use in custody and parenting time matters.

In case you live under a rock, marijuana is legal in Michigan for both medicinal and recreational use. However, a stigma remains around marijuana use and the user that continues to evolve…more

Child Custody, Marijuana, Parenting Time

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Mark Redinger

How to Screw up a Good Thing – What the Financial Industry Should Consider in the Wake of Credit Suisse

Having had a front-row seat in the last banking crisis in 2008/9, one of the lessons that I thought everyone learned was the need for stable and consistent regulations regarding bank capitalization…more

Banking Crisis, Banks, Capital Requirements, Capital Rules, Credit Suisse

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H. Jonathan Redway

Intellectual Property Tailwinds Continue To Favor Section 337 Enforcement Actions Before The International Trade Commission

Section 337 intellectual property enforcement actions before the International Trade Commission (“ITC”) continue to gain in popularity…more

Corporate Counsel, Intellectual Property Protection, International Trade Commission (ITC), Misappropriation, Patent Infringement

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Leonce Richard

The "Secrets" of Long-Term Marriage

I recently had lunch with a non-lawyer friend who, like me, has been married over 30 years (34 years for me; 31 for him). He was having some doubts about long-term marriage and found it odd that a divorce attorney (like me)…more

Marriage, Spouses

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Stephen Richman

Contractors: Are You Protected From The Coronavirus Infecting The Project Schedule?

An ounce of prevention is better than a pound of cure, so the old adage goes. Although contraction of the Coronavirus (“COVID-19”) fortunately remains a relatively low risk in the United States, COVID-19 still has the ability…more

Construction Contracts, Construction Industry, Construction Project, Contractors, Coronavirus/COVID-19

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Henry Richmond, III

Do I Need to Make a Large Gift Now?

Many wealthy individuals are asking that question out of fear that the historically high estate/gift tax exemption of $11,580,000 ($23,160,000 for a married couple), indexed annually for inflation, could be significantly…more

Estate Tax, Exemptions, Gift Tax, Income Taxes

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James Rigberg

Arizona’s Broad Anti-Deficiency Protection Confirmed

The non-judicial foreclosure process affords banks and lenders a relatively “cheap” means of executing on their collateral in the event of a borrower’s defaults. That cheaper process comes at a price, however. Arizona has a…more

Anti-Deficiency Provisions, Borrowers, Foreclosure, Lenders

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William Rosin

M&A Practices in a Post-COVID-19 World

This is certainly a situation where the (purportedly) ancient curse would seem to apply: May you live in interesting times. Living, however, implies moving forward, and that is what the business world is trying to do. While…more

Acquisitions, Contract Terms, Coronavirus/COVID-19, Due Diligence, Earn-Outs

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Kimberly Ruppel

Navigating Noncompetes in Health Care: Understanding the FTC’s Impact

Dickinson Wright attorney Kim Ruppel recently participated in The Risky Health Care Business Podcast, where she and host Scott Nelson delved into the intricate world of noncompetes and their ramifications for both health care…more

Competition, Employment Contract, Federal Trade Commission (FTC), Health Care Providers, Healthcare Facilities

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AnnMarie Sanford

California Proposes Further Changes to Proposition 65 Short-form Warnings

On December 13, 2021, the California Office of Environmental Health Hazard Assessment (“OEHHA”) issued another notice in its efforts to amend the short-form warning regulations under the Safe Drinking Water and Toxic Enforcement…more

Manufacturers, OEHHA, Proposition 65, Warning Labels

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Rachel Schaffer Lawson

Suspicious Minds: Protecting Tennessee Artists from Generative AI

Effective July 1, 2024, a revolutionary new law will protect Tennessee artists and musicians from unethical uses of Artificial Intelligence (“AI”). The unprecedented Ensuring Likeness Voice and Image Security (“ELVIS”) Act…more

Artificial Intelligence, Copyright, Intellectual Property Protection, Music, Name and Likeness

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Adam Schira

Educators Still Required to Comply With New Title IX Regulations by August 14, 2020

On August 14, 2020, the U.S. Department of Education’s new Title IX regulations become effective. These regulations govern how education programs that receive federal funding must respond to sex discrimination, including sexual…more

Anti-Discrimination Policies, Department of Education, Educational Institutions, Harassment, School Districts

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Jeremy Schirra

2021: The Year of the Ohio Air Quality Development Authority?

If you’ve been involved with an energy project in Ohio any time in the last several decades, you may well already be familiar with the Ohio Air Quality Development Authority (OAQDA), which marks its 50th anniversary this year…more

Air Pollution, Air Quality Standards, Clean Air Act, Environmental Policies

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Bryan Schomer

Dickinson Wright Successfully Stays Patent Action Pending Ex Parte Reexamination

On April 26, 2017, Dickinson Wright attorneys Bryan Schomer and Frank Smith successfully obtained a stay on behalf of their client, Detroit Edge Tool Co. (DETCO), in a patent infringement matter filed by Genesis Attachments,…more

Ex Partes Reexamination, Patent Infringement, Patent Litigation, Patents, Stays

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Jordan Schreier

DOL Final Regulations on ESG Investing: “It’s All ‘Bout the Money”

Whether it is appropriate for institutional investment decision-makers to take into account environmental, social, or governance (“ESG”) factors or invest to promote ESG objectives, has become a divisive political issue and a…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Environmental Social & Governance (ESG), Fiduciary Duty

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Richard Schuett

Toronto’s New Vacant Home Tax – Deadline Fast Approaching

Toronto’s New Vacant Home Tax is an annual tax that will be levied on vacant Toronto residences starting in 2023. The Bylaw supporting the new vacant home tax came into effect on January 1, 2022, and the tax will become payable…more

Affordable Housing, Canada, Real Estate Market, Residential Real Estate Market

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John Schuring

Michigan Supreme Court Decision – A Reminder on Requirements Contracts

Michigan law requires contracts for the sale of goods worth $1,000 or more to be in writing and provide a quantity term. On July 11, 2023, the Michigan Supreme Court ruled in MSSC, Inc. v. Airboss Flexible Products Co. (Docket…more

Automotive Industry, Buyers, Consumer Contracts, Contract Terms, Goods or Services

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Robert Schwartz

10 Tips for Reducing the Expenses of Getting a Divorce

Litigation of any kind can be expensive, and a divorce is no exception. The good news is that there are many ways that you can help control the expense. Here are 10 tips for reducing the expenses of your divorce…more

Divorce, Marriage, Spouses

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Helen Schweitzer

CSA Adopts “Access Equals Delivery Model” for Reporting Issuer Prospectuses

On January 11, 2024, the Canadian Securities Administrators (the “CSA”) published final amendments and changes to certain national instruments and companion policies (the “Amendments”). The Amendments provide for an optional…more

Canada, Canadian Securities Administration, Disclosure Requirements, Financial Services Industry, Investment Funds

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Stuart Scott

Will I Pay Less Child Support If I Pay For Private School Tuition?

How much child support a parent owes and what can be taken as a credit towards child support obligations are common questions in family law matters. A large expense, which could result in a large child support deduction — or…more

Child Care, Child Custody, Child Support, Spouses

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David Seifer

Defamation Claim Against Premier Ford Slapped Down

In Blair v. Ford, 2021 ONCA 841, Brad Blair (“Blair”) appealed the decision of Justice Belobaba to dismiss Blair’s action against Premier Doug Ford (“Ford”) on the basis that it was a strategic lawsuit against public…more

Canada, Defamation, Freedom of Expression, Public Interest

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Ryan Shannon

Detroit Casinos’ April Revenues Decrease from Same Month Last Year

The Michigan Gaming Control Board (“MGCB”) released the revenue and wagering tax data for April 2014 for the three Detroit, Michigan commercial casinos. The three Detroit commercial casinos posted a collective 6.5% decrease in…more

Casinos, Gambling, Gaming, Gaming Commissions

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Mark Shapiro

Changes to the Rules of Civil Procedure: Embracing Changes from COVID-19 to Begin Modernizing Litigation in Ontario

COVID-19 required Ontario Courts to adopt temporary measures to quickly modernize the court system. This included implementing virtual hearings, piloting the new CaseLines online platform, and permitting service by email…more

Canada, Coronavirus/COVID-19, Electronic Filing, Ontario, Remote Hearings

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Kevin Shimp

What Ohio Employers Need to Know As Legal Marijuana Sales Begin

Ohio employers will soon see their employees be able to purchase recreational marijuana when dispensaries open in the coming weeks. Ohio’s recreational marijuana program stems from a 2023 citizen-driven campaign to create a…more

Drug Testing, Employees, Employment Policies, Marijuana, Medical Marijuana

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Aleanna Siacon

Federal Judge Sets Aside the FTC’s Noncompete Ban

Not so fast and not so final – for now. On August 20, 2024, U.S. District Judge Ada Brown in the U.S. District Court for the Northern District of Texas sided with a plaintiff group comprised of a limited liability company, a…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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Lynn Capp Sirich

Should I Let the Judge Decide?

Judges are elected or appointed officials serving the citizens of our communities. The majority of our judges are intelligent, empathic, possess a vast knowledge of the law and are experienced and wise…more

Judges, Trial Preparation, Trials

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Joan Cripe Skrzyniarz

Michigan Passes Law Allowing Remote Witnesses and Remote Notarizations

Remote executions of estate planning documents are again allowed in Michigan through December 31, 2020. On November 5, 2020, Michigan’s Governor signed 2020 PA 246, allowing remote witnessing, and 2020 PA 249, allowing remote…more

E-Signatures, Governor Whitmer, Notarization, Remote Notarization, Signatures

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Jared Smith

Amendments to the Michigan Nonprofit Corporations Act

In January 2015, Governor Snyder signed Michigan Senate Bills 623, 624, and 929, which make significant revisions to the Michigan Nonprofit Corporation Act (MCL 450.2101 – 450.3192) (the “Act”). The purpose of these companion…more

Amended Legislation, Articles of Incorporation, Charitable Purpose, Indemnification, Mergers

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Matthew Snider

Intellectual Property Legal News - June 3, 2013 • Volume 1, Number 3

In This Issue: - CANADA’S LONG-AWAITED COPYRIGHT MODERNIZATION TAKES EFFECT: To much fanfare and after years of debate and consultation, the government of Canada passed the most important reforms to Canadian…more

Canada, Copyright Modernization Act, First Sale Doctrine, Infringement, Patent Exhaustion

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Andrew Sparks

Providers Face Government Scrutiny Over COVID Coverage For Uninsured

The Families First Coronavirus Response Act (FFCRA) was enacted in March 2020 as part of the government’s response to the COVID-19 pandemic. The FFCRA, among other things, provided funds for diagnostic testing and services for…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Health Care Providers, HRSA, Reimbursements

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Charles Spies

UPDATE: FEC Candidate Loan Repayment Limitation Ruled Unconstitutional in Supreme Court Decision

On May 16, 2022, the United States Supreme Court ruled that limiting the repayment of candidate loans to their own campaign to $250,000 (codified under 52 U.S.C. § 30116(j)) is unconstitutional. The Plaintiffs, Ted Cruz for…more

Campaign Contributions, Federal Election Commission (FEC), Loan Repayment Issues, Political Candidates, Quid Pro Quo

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M. Kimberly Stagg

Right-to-Repair Orders Issued by Federal Trade Commission

The Federal Trade Commission (“FTC”) has shifted its attention to repair restrictions. We had a head’s up that the decade-long hiatus was ending. In its July 2021 policy statement and May 2021 report to Congress, the FTC made…more

Federal Trade Commission (FTC), Magnuson-Moss Act, Manufacturers, Right to Repair, Warranties

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Cameron Stanley

Statutory Limitations on Public Records Requests: Lessons from Audit-USA v. Maricopa County

In February 2023, the Arizona Court of Appeals issued an opinion in Audit-USA v. Maricopa County, 525 P.3d 279 (Ariz. App. 2023) [CA-CV 22-0254], addressing the fundamentals of Arizona’s public records laws…more

Ballots, Public Records, Request for Production, Statute of Limitations

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Timothy Strong

UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

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Suzanne Sukkar

H-1B Cap Season: A Changing Landscape

March Madness will once again not fail this Fiscal Year 2025 (FY25) H-1B cap season. The shift in 2020 to the “new” H-1B registration system continues to be a work in progress. The USCIS strength and conditioning exercises will…more

Foreign Workers, H-1B, Immigrants, Immigration Procedures, Lottery

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Roger Swets

Amendments to Library TIF Legislation

At the end of 2016, a series of bills were enacted into law that allowed library tax increments to be excluded from tax increment capture with respect to a number of authorities. However, the language of the bills was flawed…more

Development Agreements, Libraries, Municipalities, New Legislation, Proposed Legislation

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Theodore Sylwestrzak

Managing Uncertainty Through Financial Crisis Requires Proactive Guidance

The COVID-19 situation has already had a significant effect on the economy, and it will no doubt continue to do so. Almost every type of business is likely to experience some form of financial upheaval. We simply cannot have a…more

Business Continuity Plans, Coronavirus/COVID-19

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Jack Tannerya

Ontario Government Issues Order to Temporarily Ease Shareholder and Director Meeting Requirements Due to the COVID-19 Pandemic

The Order - Pursuant to the Emergency Management and Civil Protection Act, the Ontario Government recently issued an order (the “Order”) that provides corporations governed by the Business Corporations Act (Ontario) (the "OBCA")…more

Canada, Coronavirus/COVID-19, Ontario, Relief Measures, Shareholders

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Stephanie Teaford

U.S. Supreme Court Decides Perez v. Sturgis Public Schools

The United States Supreme Court issued a decision in Perez v. Sturgis Public Schools, No. 21-887, opening the door for future claims against schools for compensatory monetary damages. In its unanimous opinion, the Supreme Court…more

Administrative Remedies, Americans with Disabilities Act (ADA), Damages, Disability Discrimination, Due Process

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J. Troy Terakedis

SBA Guidance on PPP Borrowers: Transfers of Equity and Assets

On Friday, October 2, 2020, the Small Business Administration (“SBA”) issued a Procedural Notice setting out the required procedures for companies pursuing certain equity or asset purchases or sales, or other transfers, who have…more

Borrowers, Change of Ownership, Lenders, Loan Forgiveness, Paycheck Protection Program (PPP)

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William Thacker

Plugged In: An EV Newsletter, Vol. 1 No. 1

GM and Microvast recently announced a collaboration to develop a new separator technology using intellectual property contributions from both companies, including a coating technology developed in GM’s Research & Development…more

Automotive Industry, Batteries, Electric Vehicles, Lithium Batteries, Manufacturers

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Bruce Thelen

The United States Issues 90 Day Customs Duties Deferral for Companies Experiencing Significant Financial Hardship Due to COVID-19

The United States has imposed a 90 day deferral for the deposit of customs of duties due March 1 – April 30, 2020 for companies experiencing significant financial hardship as a result of COVID-19. The deferral is temporary and…more

Coronavirus/COVID-19, Deadlines, Imports, Relief Measures, Tariffs

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Sanjukta Tole

Are You Getting Bang for Your Buck with Canadian Trademarks?

On January 1, 2024, the Canadian Intellectual Property Office (CIPO) introduced significant increases to the government fees it levies on actions before the Canadian Trademarks Office, including fee increases of over 30% for…more

Canada, Canadian Intellectual Property Office (CIPO), Fees, Intellectual Property Protection, Trademark Application

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Allison Tuohy

Value-Based Care Ushers in a New Era for Primary Care Providers

Originally published in Healthcare Michigan, Volume 40, No. 10 - In an age of highly polarized opinions, there is a common consensus to address the rapidly rising health care costs in the United States. Research shows that the…more

Fee-for-Service, Health Care Providers, Healthcare, Physicians, Value-Based Care

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M. Katherine VanderVeen

SBA Guidance on PPP Borrowers: Transfers of Equity and Assets

On Friday, October 2, 2020, the Small Business Administration (“SBA”) issued a Procedural Notice setting out the required procedures for companies pursuing certain equity or asset purchases or sales, or other transfers, who have…more

Borrowers, Change of Ownership, Lenders, Loan Forgiveness, Paycheck Protection Program (PPP)

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Cindy Villanueva

What You Need To Know: Intellectual Property and Non-Fungible Tokens

Over the last several years, you may have heard the term “blockchain.” Blockchain technology has emerged as an innovative, record-keeping technology, most notably recognized as the underlying technology behind Bitcoin…more

Bitcoin, Blockchain, Cryptocurrency, Digital Assets, Digital Marketplace

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William Vorys

New Ohio Power Siting Board Rules Take Effect May 30, 2024

On May 20, 2024, the Ohio Power Siting Board (“Board” or “OPSB”) “final filed” its revisions to the administrative rules governing the siting of power generation…more

Application Fees, Economic Impact Analysis, Energy Projects, Energy Sector, Regulatory Requirements

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Melissa Waite

Nevada’s Cannabis Industry Takes Another Step Forward

Four significant bills that will undoubtedly impact cannabis regulation in Nevada were recently signed into law by Nevada State Governor Joe Lombardo (R). The legislation makes a series of amendments to the state’s existing…more

Administrative Procedure Act, Cannabis Products, Decriminalization of Marijuana, Dispensaries, Legalization

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Daniel Waldman

Ontario Court of Appeal Clarifies Limitation Periods for Loans, Gifts, and Estate Claims

The question of when a lawsuit can be commenced in Ontario seems pretty straightforward – in general, a plaintiff has two years from the date when the basis for a claim is (or should have been) discovered. It sounds simple…more

Beneficiaries, Canada, Estate Planning, Gifts, Holding Companies

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Kathleen Campbell Walker

Stay Extended by Texas Court to Sept. 23 for Approval of Keeping Families Together Parole

On September 4, 2024, U.S. District Judge J. Campbell Barker for the Eastern District of Texas, Tyler Division, signed an Order denying the Motion of the U.S. Department of Homeland Security (DHS) to lift his prior Order staying…more

Department of Homeland Security (DHS), Family Members, Immigration Procedures, Spouses, Stays

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Mark Walker

Texas' New Business Courts and Court of Appeals

On June 2, 2023, the Texas 88th Legislature concluded its session and passed two laws that significantly affect the adjudication of select cases. House Bill 19 (HB 19) amended the Texas Government Code and created a statewide…more

Appeals, Appellate Courts, Business Court, Business Court Division, Business Disputes

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Michelle Walsh

NLRB’s Combination McLaren Decision and GC Memo KO’s Severance (and Other) Agreements

In the McLaren Macomb opinion issued last month, 372 NLRB No. 58 (2023), the National Labor Relations Board (“NLRB”) landed a healthy punch chipping away at what had previously been considered standard severance provisions in…more

Confidentiality Agreements, Contract Terms, Employees, Employer Liability Issues, Employment Contract

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Alana Walter

Quebec Exemptions to Publicity Contest Rules: Sponsors Welcome to Quebec

Introduction - Quebec recently made changes to its publicity contests rules. The rules, which require publicity contests to adhere to stringent regulatory requirements in order to operate in Quebec, now exempt international…more

Canada, Contests & Promotions, Prizes, Sweepstakes

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Hezi Wang

USTR Finalizes Modifications on Section 301 Tariffs

On September 16, 2024, the Office of the United States Trade Representative (“USTR”) announced the final modifications on China 301 tariffs after completing its statutory four-year review in May 2024…more

Aluminum Sales, China, Exclusions, Imports, Section 301

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Seth Waxman

6 Key Steps to Respond to a Health Care Investigation (and Related Issues)

Originally published in Healthcare Michigan, Volume 41, No. 2 - The United States Department of Justice (“DOJ”) and state law enforcement agencies have robust teams investigating and prosecuting health care fraud. Law…more

Anti-Kickback Statute, Department of Justice (DOJ), False Claims Act (FCA), Fraud, Health Care Providers

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Kevin Weber

Operators, Start Your Engines; But Beware of Sanctions

Less than a month has passed since the launch of the regulated iGaming market in Ontario, and the Ontario regulator has already handed down its first pair of penalties. On Tuesday, May 3, 2022, the Alcohol and Gaming Commission…more

Canada, Gaming, Gaming Commissions, Ontario

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Peter Webster

Electronic Public Meetings – Time-Sensitive Steps For Local Units of Government To Take Now In The Face of Uncertain Future Legislative and Administrative Action

Michigan’s Open Meetings Act (OMA) has been amended a number of times since the beginning of the COVID-19 pandemic to address and allow electronic meetings under certain circumstances. The current state of the law is that…more

Open Meetings Act, Public Gatherings, Public Meetings, State and Local Government, Virtual Meetings

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John Weiss

New Michigan Law Significantly Expands Economic Incentives Available for Housing Development and Increases Availability of Transformational Brownfield Projects

On July 18, 2023, Governor Whitmer signed into law Public Act 90 of 2023, an amendment to the Brownfield Redevelopment Financing Act (Act 381), taking immediate effect, that adds new economic incentives for housing-focused real…more

Brownfield Properties, Community Development, Contaminated Properties, Housing Developers, Housing Market

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Robert Weiss

Plugged In: An EV Newsletter Vol. 2, No. 8

Editor’s Note - Welcome to the October 2024 edition of Plugged In, in which we continue our three-part series on the role of technology and AI in shaping the future of the automotive industry. Our journey will culminate on…more

Artificial Intelligence, Automotive Industry, Driverless Cars, Electric Vehicles, Infrastructure

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Brooks Westergard

Loomis v. Amazon: Strict Products Liability in the World of E-Commerce

On April 26, 2021, the California Court of Appeal issued its decision in Loomis v. Amazon.com LLC, which could have drastic consequences for operators of e-commerce sites being sued for strict liability for injuries incurred as…more

Amazon, Corporate Counsel, E-Commerce, Internet Retailers, Liability

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Jacob White

Suspicious Minds: Protecting Tennessee Artists from Generative AI

Effective July 1, 2024, a revolutionary new law will protect Tennessee artists and musicians from unethical uses of Artificial Intelligence (“AI”). The unprecedented Ensuring Likeness Voice and Image Security (“ELVIS”) Act…more

Artificial Intelligence, Copyright, Intellectual Property Protection, Music, Name and Likeness

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Sharaé Williams

Can You Take Discovery in the U.S. for Foreign Arbitrations? Maybe, Says the Sixth Circuit Court of Appeals

Introduction - The U.S. Court of Appeals for the Sixth Circuit ruled on September 19, 2019 that U.S. District Courts may order individuals and entities within the United States to produce discovery requested for use in…more

Discovery, Document Productions, International Arbitration

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Mark Wilson

Value-Based Care Ushers in a New Era for Primary Care Providers

Originally published in Healthcare Michigan, Volume 40, No. 10 - In an age of highly polarized opinions, there is a common consensus to address the rapidly rising health care costs in the United States. Research shows that the…more

Fee-for-Service, Health Care Providers, Healthcare, Physicians, Value-Based Care

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Steven Wolfson

"It Doesn't Have to Be This Way" - 3 Alternatives for Avoiding Dragging Your Children Through the Court System

It is universally recognized that litigating legal decision making, parenting time or other parenting issues can be harmful to the development of children…more

Co-Parenting, Mediation, Parenting Plans, Parenting Time

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Rachel Wolock

Managing Uncertainty Through Financial Crisis Requires Proactive Guidance

The COVID-19 situation has already had a significant effect on the economy, and it will no doubt continue to do so. Almost every type of business is likely to experience some form of financial upheaval. We simply cannot have a…more

Business Continuity Plans, Coronavirus/COVID-19

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Jessica Wood

New Michigan Law Significantly Expands Economic Incentives Available for Housing Development and Increases Availability of Transformational Brownfield Projects

On July 18, 2023, Governor Whitmer signed into law Public Act 90 of 2023, an amendment to the Brownfield Redevelopment Financing Act (Act 381), taking immediate effect, that adds new economic incentives for housing-focused real…more

Brownfield Properties, Community Development, Contaminated Properties, Housing Developers, Housing Market

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Kathryn Wood

U.S. Supreme Court Splits the Baby as It Stays the Private Employer Vaccine or Test Mandate but Keeps the Healthcare Vaccine Mandate in Place

On January 13, 2022, the United States Supreme Court (“Court”) issued two critical decisions: one staying the OSHA ETS vaccine or test mandate, the second allowing the OSHA CMS vaccine mandate for healthcare facilities to move…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Healthcare Workers

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Jane Wu

Good News for Creators: Canada Extends Copyright Term

Just under the wire, before the end of 2022, Canada enacted a significant change to its copyright law. December 30 was fixed as the day on which section 281 of the Budget Implementation Act, 2022, No. 1 came into force. The…more

Canada, Copyright, Corporate Counsel, CUSMA, Intellectual Property Protection

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Bradley Wyatt

New Disclosure Requirements for the 2023 Proxy Season

Looking ahead to the upcoming 2023 proxy season, the U.S. Securities and Exchange Commission (“SEC”) has adopted new compensation disclosure obligations that will require significant thought, preparation, and lead time. These…more

Dodd-Frank, Proxy Season, Regulation S-K, Securities and Exchange Commission (SEC), Securities Exchange Act

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Lianne Yan

EEOC Releases Updated “Know Your Rights” Poster | 美国公平就业机会委员会发布最新《了解你的权利》海报

On October 20, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) released the “Know Your Rights: Workplace Discrimination is Illegal” poster (“Updated EEOC Poster”), which is an updated version of EEOC’s previous…more

Covered Employer, Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Job Applicants

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Doron Yitzchaki

UPDATED: Congress Passes the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 27, 2020, marking the largest economic recovery package in U.S. history. The $2.2 Trillion rescue legislation provides $150…more

CARES Act, Coronavirus/COVID-19, Disaster Relief Fund, Federal Loans, Financial Stimulus

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Katheryne Zelenock

Plugged In: An EV Newsletter Volume 1 No. 7

The rapid proliferation of EV charging stations on commercial properties – in apartment complexes, at offices, hotels and shopping centers, entertainment venues and recreational sites, public parking lots and even hospitals and…more

Automotive Industry, Charging Stations, Electric Vehicles, Forced Labor, Fossil Fuel

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L. Pahl Zinn

Ramping Up: Antitrust Enforcement in Health Care

Originally published in Healthcare Michigan, Volume 41, No. 6 - It has been a rapid-fire start to 2024 with antitrust enforcers within the Biden administration ramping up regulatory scrutiny across the U.S.—and health care is at…more

Acquisitions, Antitrust Division, Antitrust Provisions, Competition, Department of Health and Human Services (HHS)

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Alexandre Zucco

Practical Estate Planning Tips That Are Often Overlooked

So you have gone through all of the work to get your estate planning documents finalized, you have had your signing meeting with your attorney, and now it is time to celebrate that you are done, right? In most cases, the answer…more

Asset Management, Beneficiary Designations, Personal Property

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