Miller Canfield

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150 West Jefferson
Suite 2500
Detroit, Michigan 48226, United States
Phone: 313.496.7420
Fax: 313.496.7500
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • D.C.
  • Illinois
  • Michigan
  • New York
  • Ohio
Other Countries
  • Canada
  • China
  • Mexico
  • Poland
  • Qatar
Number of Attorneys
200+ Attorneys

U.S. Supreme Court Confirms that Foreign Companies Can Use a Powerful Tool to Enforce International Arbitration Awards

The U.S. Supreme Court recently confirmed that foreign companies looking to enforce international arbitration awards have a powerful tool at their disposal: a U.S. statute targeting organized criminal activity. In Yegiazaryan v…more

Arbitration, Arbitration Awards, Asset Freeze, Criminal Conspiracy, Enforcement of Foreign Judgments

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Poland: Government support programmes for first-time home buyers - part III

W dniu 14 kwietnia 2023 roku Sejm uchwalił Ustawę o pomocy państwa w oszczędzaniu na cele mieszkaniowe (dalej jako „Ustawa mieszkaniowa 2023”). Obecnie trwają dalsze prace legislacyjne, już na etapie Senatu 1. Jak zatem widać…more

Construction Industry, First Time Homebuyers, Housing Developers, Poland

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Business Groups Challenge New FTC Rule Prohibiting Noncompete Agreements

On April 23, the Federal Trade Commission adopted a near-total ban on noncompete agreements, with limited exceptions. The following day, the U.S. Chamber of Commerce and other business groups sued, seeking to block the rule from…more

Chamber of Commerce, Confidential Information, Constitutional Challenges, Employment Contract, Federal Bans

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Receiverships Under Michigan's New Assignment of Rents Act

The Michigan Uniform Assignment of Rents Act (“MUARA”), which takes effect on September 22, 2022, strengthens both the right to obtain a receiver and the power of the receiver to collect past due rent. The MUARA also confirms…more

Assignment of Rents (AOR), Commercial Bankruptcy, Foreclosure, Lenders, Mortgages

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Practice Pointer: Words Matter

In prior practice pointers, we discussed how a statute of frauds provides protection for financial institutions and how a prenegotiation agreement also can provide protection. Do these mean that you can write or say whatever you…more

Client Communication, Commercial Bankruptcy, Digital Communications, Distressed Debt, Financial Institutions

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Cracks in the Corporate Transparency Act?

On March 1, 2024, an Alabama federal court declared the Corporate Transparency Act (CTA) unconstitutional—but only enjoined its enforcement as to the specific litigants. As described in our prior alerts, the CTA effectuates…more

Beneficial Owner, Commerce Clause, Constitutional Challenges, Corporate Transparency Act, FinCEN

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Federal Reserve’s Main Street Lending Program: What Businesses Need to Know to Prepare

On April 9, 2020, the Federal Reserve, acting under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and Section 13(3) of the Federal Reserve Act (12 USC §344), announced the creation of a new “Main Street…more

CARES Act, Coronavirus/COVID-19, Credit Facilities, Federal Reserve, Financial Stimulus

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Michigan Property Owners Entitled to Surplus Value When Foreclosed Property Transferred to Land Bank, Court of Appeals Rules

Miller Canfield previously reported on Rafaeli, LLC v Oakland County (Rafaeli), in which the Michigan Supreme Court held that counties are not allowed to retain sale proceeds that exceed the taxes owed on a foreclosure property…more

Foreclosure, Foreclosure Sales, Property Owners, Property Tax, Property Valuation

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Protecting Your Investment from Costly Building Code Violations Following Galvan Ruling

In a breach of warranty deed claim, the Michigan Supreme Court ruled in favor of the sellers of a condominium unit and unanimously decided on July 12, 2023, in Galvan v Poon that a building code violation discovered after the…more

Breach of Warranty, Building Codes, Condominiums, Deeds, Directed Verdicts

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Amendments to Poland's Income Tax Laws Effective Jan. 1, 2018

Poland recently amended its Corporate Income Tax law, effective Jan. 1, 2018. The Polish Government announced that the objectives of the amendment are to ensure that taxes paid by large companies, especially multinational…more

Amended Regulation, Anti Tax Avoidance Directive (ATAD), Corporate Taxes, EU, Poland

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Protecting Your Investment from Costly Building Code Violations Following Galvan Ruling

In a breach of warranty deed claim, the Michigan Supreme Court ruled in favor of the sellers of a condominium unit and unanimously decided on July 12, 2023, in Galvan v Poon that a building code violation discovered after the…more

Breach of Warranty, Building Codes, Condominiums, Deeds, Directed Verdicts

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UPDATED/Employers: Planning for the Fiscal Year 2025 H-1B Cap and Registration Process Begins Now - Changes in Effect

UPDATE: Employers should be advised that USCIS has extended the H-1B CAP registration period for FY2025. The registration period was initially set to close at 12:00 pm EST on March 22, 2024, but has now been extended to 12:00…more

Filing Deadlines, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, Registration Requirement

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New Prevailing Wage Requirements for Charter School Construction Projects

Michigan’s new Prevailing Wage for State Projects Act (the “Act”) became effective on February 13, 2024, and is substantially similar to a prior statutory prevailing wage requirement which was repealed in 2018…more

Charter Schools, Competitive Bidding, Construction Project, Prevailing Wages, Public Projects

See all updates »

Will the Real Party in Interest Please Stand Up?

In Michigan, the general rule is that only a real party in interest may initiate a lawsuit. MCR 2.201(B). Although it is usually easy to identify the proper party (or parties), it becomes harder if a would-be plaintiff files for…more

Appeals, Chapter 7, Consumer Bankruptcy, Creditors, Debtors

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Location Or Protectable Trademark? Smaller Airports Grounded in Their Pursuit to Use the Name of the Largest Cities They Serve

Two of the busiest airports in the United States are battling with their smaller counterparts to retain trademark rights in the name of the major cities the airports serve. While the smaller airports want to capitalize on using…more

Airports, Geographically Descriptive, Intellectual Property Protection, Likelihood of Confusion, Trademark Infringement

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Commitment Fees Might Constitute Interest Under Michigan Law

Lenders often include fees in loan transactions in addition to an interest rate. Typically such fees are not considered interest, as they compensate the lender for various services or commitments provided under the loan…more

Banking Sector, Consumer Lenders, Fees, Interest Rates, Lenders

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U.S. Supreme Court Raises the Bar for Employers in Religious Accommodation Cases

On June 29, 2023, the U.S. Supreme Court issued a unanimous decision clarifying the standard for determining whether employees’ religious accommodation requests impose an undue hardship on employers…more

Civil Rights Act, De Minimus Doctrine, Groff v DeJoy, Religious Accommodation, Religious Discrimination

See all updates »

Federal Law Allows Tax-Exempt Entities to Cash In on Energy Tax Credits

​​​​​​​Tax-exempt entities (including non-profits, states, local governments and public schools) that are planning energy-efficient projects, such as solar improvements to existing buildings or improvements to provide for…more

501(c)(3), Energy Tax Incentives, Inflation Reduction Act (IRA), Investment Tax Credits, Production Tax Credit

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New Amendments to ICC Arbitration Rules Will Save Time and Money

In an important development for businesses engaged in cross-border transactions, the International Chamber of Commerce has amended its arbitration rules effective January 1, 2021. The amendments are designed to increase the…more

Amended Regulation, Arbitration, Commercial Arbitration, Coronavirus/COVID-19, Expedited Actions Process

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Emergency Managers Not Authorized To Rubber Stamp Prior Acts of Local Officials

In a first-of-its-kind case, a panel of the Michigan Court of Appeals has ruled that an Emergency Manager (EM) is not authorized by either Act 4 or Act 436 to ratify prior acts of a local government official, even where he may…more

Appeals, Emergency Managers, Government Officials, Municipalities, Ratification

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Michigan Ban on School Employee Union Dues Deductions Legal

In a split opinion Thursday, a federal appeals court cleared the path toward implementing a 2012 Michigan law barring public school employers from collecting union dues from their employees. …more

Public Schools, Union Dues, Unions

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Michigan Becomes the 24th “Right-To-Work” State

On March 27, 2013, the “right-to-work” bills, SB 116, now known as Public Act 348 of 2012 and HB 4003, now known as Public Act 349 of 2012, became effective. Also called Michigan’s “Freedom-To-Work” laws, the statutes make it…more

NLRA, Right to Work

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COVID-19: Patent and Trademark Office Updates as of June 8, 2020

Miller Canfield is actively tracking the current status of operations of numerous Patent and Trademark Offices (PTOs) around the world in the light of the novel coronavirus (COVID-19) pandemic. Below is a chart that shows the…more

Coronavirus/COVID-19, Patents, Trademarks

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Important Tax Changes Coming into Effect in Canada

The new year has brought with it some important tax changes for businesses and residential property owners in Canada…more

Canada, Corporate Taxes, Estate Tax, Income Taxes, Property Tax

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Michigan Supreme Court Expands Liability Under Anti-Discrimination Statute; Endorses Third-Party Retaliation Theory

“Third party” or “associational” retaliation is reprisal taken by an employer against someone other than the person who engaged in “protected conduct.” In 2011, the U.S. Supreme Court ruled that Title VII’s anti-retaliation…more

Anti-Discrimination Policies, Appeals, Employment Litigation, Hiring & Firing, MI Supreme Court

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New Requirements for Foreigners Filing Company Financial Statements in Poland

A recent amendment to Poland's National Court Register (KRS) introduced several significant changes affecting foreign companies operating in Poland. Of most significance is the new requirement that company financial statements…more

Corporate Governance, Filing Requirements, Financial Statements, Foreign Nationals, Poland

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Environmental Due Diligence in Real Estate Transactions During the COVID-19 Crisis

COVID-19 and Baseline Environmental Assessment Timing - Real property transactions (purchases, leases and foreclosures) need not be put on hold due to uncertainty surrounding the ability to obtain available environmental…more

Coronavirus/COVID-19, Due Diligence, Environmental Assessments, Environmental Protection Agency (EPA), Real Estate Transactions

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Doing Business in Qatar: How to Comply with the QFC Beneficial Ownership Procedures

Like many jurisdictions around the world, the Qatar Financial Centre (QFC) has established compliance procedures that require legal entities registered or formed in the QFC to identify their ultimate beneficial owners (UBO). The…more

Anti-Money Laundering, Beneficial Owner, Compliance, Disclosure Requirements, Money Laundering

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Whose Risk? Impossibility and Frustration of Purpose in Michigan Leases

Following the COVID‑19 pandemic, many parties and jurisdictions grappled with how shutdown orders affected their private contract rights. Our commentary from March 2020 is still a good starting point for evaluating these issues…more

Business Interruption, Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms

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For-Profit Schools Ruled Exempt From Michigan Personal Property Tax

In a departure from past interpretation, the Michigan Supreme Court issued a ruling on May 1, 2017 expanding the use of personal property tax exemptions available to for-profit institutions. In SBC Health Midwest, Inc. v City of…more

Educational Institutions, For Profit Education, Personal Property Tax, Tax Exemptions

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Michigan Adopts New Prevailing Wage Requirements for Public School Construction Projects

Michigan’s new Prevailing Wage for State Projects Act (the “Act”) became effective on February 13, 2024, and is substantially similar to a prior statutory prevailing wage requirement which was repealed in 2018. The Act…more

Construction Industry, Construction Project, Construction Workers, Contractors, Prevailing Wages

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New Legislation Puts Michigan on the Fast Track to Renewable, Clean Energy

On Nov. 28, 2023, Michigan Governor Gretchen Whitmer signed into law energy legislation passed by the House and Senate earlier this month. The law will address Governor Whitmer’s 2023 “MI Healthy Climate” initiative, and make…more

Clean Energy, Climate Change, Compliance, Compliance Dates, Energy Projects

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Growing Profits: How Farmers, Greenhouse Operators, and Fishermen Can Maximize Tax Savings Under Canada's Greenhouse Gas Pollution Pricing Act

The Canadian Federal Government's Greenhouse Gas Pollution Pricing Act, now entering its fifth year since enactment, presents unique challenges and opportunities for farmers, greenhouse operators, and fishermen. As key players…more

Agricultural Sector, Business Taxes, Canada, Climate Change, Farmers

See all updates »

EEOC Issues Long-Awaited Proposed Harassment Guidance

The U.S. Equal Employment Opportunity Commission (EEOC) has published its long-awaited notice of proposed guidance on “Enforcement Guidance of Harassment in the Workplace.” The proposed guidance, published in the Federal…more

Anti-Harassment Policies, Bostock v Clayton County Georgia, Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Michigan Governor Signs Into Law Two Landmark Bills Repealing Right-to-Work Language

On March 24, 2023, Governor Gretchen Whitmer signed into law two significant pieces of legislation amending Michigan labor laws: Public Act (“PA”) 9 (2023), and its private sector equivalent, PA 8 (2023). Together, both…more

Bargaining Units, Governor Whitmer, Janus v AFSCME, New Legislation, Private Sector

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Important Changes to Federal Criminal Sentencing Guidelines

Effective November 1, 2023, the United States Sentencing Commission’s Amendment 821, also known as the “2023 Criminal History Amendment,” has officially become part of the federal sentencing guidelines. Thousands of incarcerated…more

Criminal Convictions, Criminal Prosecution, Federal Sentencing Guidelines, Sentence Reduction

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OSHA’s Attempt to Expand Citation Statute of Limitations Thwarted by Congressional Review Act Senate Vote

On March 22, 2017, the Senate, by a vote of 50-48, passed a House of Representatives’ resolution which overturned the OSHA Rule seeking to expand the statute of limitations period for citations it issues to employers. OSHA…more

Citations, Congressional Review Act, OSHA, Recordkeeping Requirements, Statute of Limitations

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U.S. Supreme Court: Forced Transfers of Employees Without Loss of Pay or Rank Violate Title VII

Federal law prohibits employers from relying on certain protected statuses (race, color, religion, sex, or national origin) when making employment decisions. Lower courts have required employees suing employers to point to a…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination

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New Prevailing Wage Requirements for Charter School Construction Projects

Michigan’s new Prevailing Wage for State Projects Act (the “Act”) became effective on February 13, 2024, and is substantially similar to a prior statutory prevailing wage requirement which was repealed in 2018…more

Charter Schools, Competitive Bidding, Construction Project, Prevailing Wages, Public Projects

See all updates »

Community Colleges Must Report Debt Revenue Loss By Friday Under Michigan Personal Property Tax Reform

Recent reforms to the Michigan personal property tax require community colleges to report their debt revenue loss to the Michigan Department of Treasury by September 5, 2014…more

Community Colleges, Personal Property Tax, Reporting Requirements

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Illinois Open Meetings Act Amended to Allow Meetings Without A Physical Quorum

On June 12, 2020, Illinois Governor J.B. Pritzker signed into law Public Act 101-0640 which, among other matters, amends Section 7 of the Open Meetings Act to allow meetings of members of a public body subject to the Act to…more

Amended Legislation, Coronavirus/COVID-19, Governor Pritzker, Open Meetings Act, Public Entities

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A Worldwide First in AI Legal Developments: The European Union’s 2024 Artificial Intelligence Act

The European Union recently passed a sweeping law regulating corporations and business leaders with respect to artificial intelligence (AI). The first legislation of its kind, the EU Artificial Intelligence Act seeks to impose…more

Artificial Intelligence, Biden Administration, Compliance, Compliance Dates, Equal Employment Opportunity Commission (EEOC)

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Process and Form of Filing Annual Qualifying Statement Revised

Earlier this month, the Michigan Department of Treasury issued Bulletin 6 implementing revisions to the application form and method of filing for the annual Qualifying Statement. The Revised Municipal Finance Act, Public Act 34…more

Annual Filings, Audits, Municipalities

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Operating Cash-Flow Borrowing Options for Michigan Public Schools - May 2023

As Michigan public schools navigate the preparation of their 2023-2024 budgets, we wanted to again provide you with a reminder of the short-term borrowing options available to cover projected operating cash-flow shortfalls. The…more

Education Budget, Federal Funding, Financing, Line of Credit, Loans

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Ontario Corporations: Transparency Requirements

On January 1, 2023, amendments to the Ontario Business Corporations Act (“OBCA”) came into effect. Most notably, the OBCA now requires that private corporations in Ontario create and maintain a register of all “individuals with…more

Beneficial Owner, Business Corporation Act, Corporate Governance, Ontario, Person with Significant Control (PSC Register)

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US Issues Proposed Regulations on FEOC Exclusions from Clean Vehicle Credit

On December 4, 2023, the U.S. Department of the Treasury and Internal Revenue Service (IRS) published long-awaited proposed regulations (Notice of Proposed Rulemaking) regarding the Foreign Entity of Concern (FEOC) exclusions…more

Automotive Industry, Clean Car Standards, Department of Energy (DOE), Electric Vehicles, Foreign Entities

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Amendment to Illinois Mechanics Lien Act Authorizes Bonding Over of Mechanics Liens Claims

As of January 1, 2016, an amendment to the Illinois Mechanics Lien Act, 770 ILCS. 60/38.1, allows parties with an interest in real estate to substitute an eligible surety bond for a claim for mechanics lien as security for real…more

Condominium Associations, Construction Industry, Homeowners Association (HOA), Mechanics' Lien Acts, Suretyships

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Preparing for Cyberattacks and Limiting Liability

The U.S. government and military experts have been warning U.S. companies that Russia may launch significant cyberattacks against critical infrastructure, financial institutions and businesses in retaliation for the sanctions…more

California Consumer Privacy Act (CCPA), Critical Infrastructure Sectors, Cyber Attacks, Cyber Insurance, Cybersecurity

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UPDATED/Employers: Planning for the Fiscal Year 2025 H-1B Cap and Registration Process Begins Now - Changes in Effect

UPDATE: Employers should be advised that USCIS has extended the H-1B CAP registration period for FY2025. The registration period was initially set to close at 12:00 pm EST on March 22, 2024, but has now been extended to 12:00…more

Filing Deadlines, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, Registration Requirement

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U.S. Department of Education: Highly Anticipated Title IX Regulations Published, Compliance Required by August 1, 2024

On April 19, 2024, the United States Department of Education’s Office for Civil Rights (“DOE”) issued its long-awaited and lengthy Final Title IX regulations (the “2024 Final Rule”). The 2024 Final Rule requires that all…more

Colleges, Department of Education, Educational Institutions, Final Rules, Sex Discrimination

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New Employment and Labour Changes with "Making Ontario Open for Business Act"

Bill 47, also called the "Making Ontario Open for Business Act," was passed and given royal assent on November 21, 2018. This new act relaxes demands on employers by repealing or altering many of the changes that came into…more

Amended Legislation, Canada, Employment Policies, Fair Work Act, Labour Code

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SCOTUS Limits USEPA Authority to Regulate Wetlands Under Clean Water Act

In a closely-watched decision, the United States Supreme Court substantially narrowed the United States Environmental Protection Agency’s authority to regulate non-traditional wetlands as "waters of the United States" under the…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett v EPA, SCOTUS

See all updates »

Growing Profits: How Farmers, Greenhouse Operators, and Fishermen Can Maximize Tax Savings Under Canada's Greenhouse Gas Pollution Pricing Act

The Canadian Federal Government's Greenhouse Gas Pollution Pricing Act, now entering its fifth year since enactment, presents unique challenges and opportunities for farmers, greenhouse operators, and fishermen. As key players…more

Agricultural Sector, Business Taxes, Canada, Climate Change, Farmers

See all updates »

U.S. Supreme Court Raises the Bar for Employers in Religious Accommodation Cases

On June 29, 2023, the U.S. Supreme Court issued a unanimous decision clarifying the standard for determining whether employees’ religious accommodation requests impose an undue hardship on employers…more

Civil Rights Act, De Minimus Doctrine, Groff v DeJoy, Religious Accommodation, Religious Discrimination

See all updates »

Amendments to Poland's Income Tax Laws Effective Jan. 1, 2018

Poland recently amended its Corporate Income Tax law, effective Jan. 1, 2018. The Polish Government announced that the objectives of the amendment are to ensure that taxes paid by large companies, especially multinational…more

Amended Regulation, Anti Tax Avoidance Directive (ATAD), Corporate Taxes, EU, Poland

See all updates »

Hard Bargaining or Unlawful Bargaining: What A Difference A Board Member Makes

The National Labor Relations Board (NLRB) recently held that an employer’s proposal and adherence to proposals could in itself be deemed to be unlawful bad faith bargaining. District Hospital Partners, 375 NLRB No. 55…more

Administrative Law Judge (ALJ), Bad Faith, Bargaining Power, Board of Directors, Collective Bargaining

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SEC’s Office of Municipal Securities Offers Guidance Regarding COVID-19’s Impact on Rule 15c2-12 Continuing Disclosure Undertaking Requirements

Every continuing disclosure undertaking entered into under Section (b)(5)(i) of Rule 15c2-12 (the “Rule”) of the Securities and Exchange Commission (“SEC”) requires the issuer or obligated person (as defined in the Rule) under…more

Coronavirus/COVID-19, Disclosure Requirements, MSRB, Municipal Securities Issuers, Securities and Exchange Commission (SEC)

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Property Owners: Don't Let Michigan's New Slip-and-Fall Case Law Trip You Up

All property owners and possessors should be aware of a new legal framework from the Michigan Supreme Court that changes how premises liability cases are litigated. Michigan courts have long held that premises owners generally…more

Bodily Injury, Dangerous Condition, Liability, MI Supreme Court, Negligence

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IRS Starts Asking Direct Questions to Taxpayers on Their ERC Claims

As previously reported by Miller Canfield, unscrupulous promotors caused many taxpayers to file claims for the Employee Retention Credit even when they did not qualify. As a result, the IRS views claims for this credit with…more

Audits, CARES Act, Coronavirus/COVID-19, Employee Retention, IRS

See all updates »

Municipal Retirement Boards and Joint Energy Boards May Now Hold Electronic Meetings Under the OMA

On February 13, 2024, Public Act 214 of 2023 (“PA 214”) takes effect, amending Michigan's Open Meetings Act to give some public bodies greater freedom in holding electronic meetings…more

Municipalities, Open Meetings Act, Public Agencies, Public Meetings, Teleconferences

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Supreme Court Upholds State Courts’ Power of Judicial Review Over Election Matters

On June 27, 2023, the United States Supreme Court upheld a decision by North Carolina’s highest court holding that the North Carolina legislature went too far in gerrymandering voting district maps. The Court affirmed the…more

Constitutional Challenges, Gerrymandering, Judicial Review, Redistricting, SCOTUS

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Getting Sued in All the Wrong Places: Supreme Court Opens Door to Suits in Unrelated States

Let’s say that your company is incorporated in Michigan, headquartered in Michigan, and does business there and in a dozen other states. One of your customers in Texas claims the products it purchased from you and that you…more

Constitutional Challenges, Corporate Counsel, Domestic Corporations, Due Process, Foreign Corporations

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Michigan Expands Development District Liquor License Availability

A recently passed Michigan law will streamline access to liquor licenses in development districts and is expected to lower costs for hospitality industry businesses that invest in constructing or restoring buildings. …more

Liquor Licences, Real Estate Development, Zoning Laws

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AV Accidents: Consumers Want Clarity on Liability

The rapid evolution of automated driving systems (ADS) is bringing radical change to government regulations, industry practices, the potential obsolescence of human drivers and will also change the legal landscape for consumers,…more

Automotive Industry, Driverless Cars, Information Reports, Liability, Technology

See all updates »

A Worldwide First in AI Legal Developments: The European Union’s 2024 Artificial Intelligence Act

The European Union recently passed a sweeping law regulating corporations and business leaders with respect to artificial intelligence (AI). The first legislation of its kind, the EU Artificial Intelligence Act seeks to impose…more

Artificial Intelligence, Biden Administration, Compliance, Compliance Dates, Equal Employment Opportunity Commission (EEOC)

See all updates »

Supreme Court Severely Limits Consideration of Race in Higher Education Admissions

On June 29, 2023, the U.S. Supreme Court issued its long-awaited decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina…more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Diversity

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IRS Updates Guidance on Deductibility of Expenses Paid With PPP Loan Proceeds

The IRS recently released additional guidance about the tax treatment of expenses paid with proceeds of Paycheck Protection Program loans. The PPP loans are a COVID relief program enacted as part of the CARES Act…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, IRS

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IRS Extends Filing Deadlines For Tax Exempt Organizations

On April 14, 2020, the IRS confirmed that, in response to the coronavirus (COVID-19) pandemic, the deadline imposed on tax exempt organizations for filing Form 990-series annual information returns (Forms 990, 990-EZ, 990-PF,…more

Coronavirus/COVID-19, Filing Deadlines, IRS, Nonprofits, Relief Measures

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IRS Starts Asking Direct Questions to Taxpayers on Their ERC Claims

As previously reported by Miller Canfield, unscrupulous promotors caused many taxpayers to file claims for the Employee Retention Credit even when they did not qualify. As a result, the IRS views claims for this credit with…more

Audits, CARES Act, Coronavirus/COVID-19, Employee Retention, IRS

See all updates »

DOL Issues Groundbreaking Fiduciary Investment Rules

Do you have investments in a retirement plan or IRA, or are you a retirement plan fiduciary or provide investment services to a retirement plan or IRA? On April 6, 2016, the Department of Labor (DOL) released its…more

Conflicts of Interest, Department of Labor (DOL), Fiduciary Duty, Final Rules, Individual Retirement Account (IRA)

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IRS Issues Grab Bag Notice Addressing Various SECURE 2.0 Provisions

The IRS recently issued Notice 2024-02— dubbed the “Grab Bag Notice”— which addresses multiple provisions in SECURE 2.0. The guidance is 81 pages long, comes in the form of frequently asked questions and answers, and speaks to a…more

401k, Benefit Plan Sponsors, CARES Act, Distribution Rules, Employee Benefits

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Canadian Law: Make Sure Your Lease Isn't a Dealbreaker

When selling your business in Canada, you will face a long list of due diligence requests as the purchaser reviews all aspects of your business. If there is a lease, one key aspect of due diligence review will be the lease for…more

Acquisitions, Canada, Commercial Leases, Commercial Tenants, Contract Term

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Debt Limit to Qualify for Subchapter V and Chapter 13 Set to Revert This Summer

In 2022, Congress passed the Bankruptcy Threshold Adjustment and Technical Corrections Act (the “Act”), raising the debt limits for bankruptcy cases under the Small Business Reorganization Act (“SBRA,” a.k.a. “Subchapter V”) and…more

Bankruptcy Code, CARES Act, Chapter 13, Commercial Bankruptcy, Coronavirus/COVID-19

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United States Supreme Court Approves Race-Conscious Admissions Policy

On June 23, 2016, in its second trip to the United States Supreme Court, the High Court ruled in Fisher v. University of Texas at Austin, et al. No. 14-981 (June 23, 2016) that the University of Texas’ (“UT”) race-conscious…more

Affirmative Action, College Admissions, Diversity, Equal Protection, Fisher v University of Texas

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SCOTUS Limits USEPA Authority to Regulate Wetlands Under Clean Water Act

In a closely-watched decision, the United States Supreme Court substantially narrowed the United States Environmental Protection Agency’s authority to regulate non-traditional wetlands as "waters of the United States" under the…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett v EPA, SCOTUS

See all updates »

FinCEN Issues Final Rule on the Corporate Transparency Act Requiring Businesses to Report Beneficial Ownership Information

​​​​​​​On September 30, 2022, the U.S. Financial Crimes Enforcement Network (“FinCEN”) published its final rule implementing Section 6403 of the Corporate Transparency Act (“CTA”). The final rule, which will take effect on…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Final Rules

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U.S. Export Controls and Sanctions Update: Russia, Belarus and Ukraine

Broad U.S. export controls and sanctions recently imposed on Russia, Belarus and specific areas of Ukraine may impact companies with international exposure to these regions, including but not limited to industries such as…more

Asset Freeze, Belarus, Biden Administration, Blocked Entities, Blocked Person

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In Music Copyright Row, The Supreme Court Remixes the Three-Year Limit on Copyright Damage Claims

On May 9, 2024, the U.S. Supreme Court held the Copyright Act entitles a copyright owner to obtain damages for a timely infringement claim, even if the infringement occurred prior to the Copyright Act's three-year statute of…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Intellectual Property Litigation

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2024 Regulatory Update for Investment Advisers

In 2023, the Securities and Exchange Commission issued various proposed rules on regulatory changes that will affect SEC-registered investment advisers (RIAs). Since these rules are likely to be put into effect, RIAs should…more

Analytics, Conflicts of Interest, Custody Rule, Cybersecurity, Investment Adviser

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Michigan Governor Issues Updated “Safe Start” and Workplace Safety Executive Orders

On September 25, 2020, Michigan Gov. Gretchen Whitmer signed Executive Orders 2020-183 and 2020-184. EO 2020-183 permits certain indoor sport venues, theaters, and entertainment facilities to reopen, with capacity limitations,…more

Coronavirus/COVID-19, Entertainment Venues, Executive Orders, Governor Whitmer, Re-Opening Guidelines

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Sixth Circuit: Calls to Prior Customers Violates TCPA

Many businesses routinely make telemarketing calls to prior customers. However, a recent ruling holds that this may violate the Telephone Consumer Protection Act (“TCPA)” and may open up businesses and franchises to class action…more

Class Action, Contract Termination, Contract Terms, Corporate Counsel, TCPA

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How Michigan's New Assignment of Rents Act Affects Commercial Tenants

The Michigan Uniform Assignment of Rents Act (MUARA) will take effect on September 22, 2022, and has important implications for a tenant's rights. If a tenant's landlord defaults on its loan, to whom must the tenant pay rent,…more

Assignment of Rents (AOR), Commercial Leases, Commercial Property Owners, Commercial Tenants, Landlords

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U.S. Department of Education: Highly Anticipated Title IX Regulations Published, Compliance Required by August 1, 2024

On April 19, 2024, the United States Department of Education’s Office for Civil Rights (“DOE”) issued its long-awaited and lengthy Final Title IX regulations (the “2024 Final Rule”). The 2024 Final Rule requires that all…more

Colleges, Department of Education, Educational Institutions, Final Rules, Sex Discrimination

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IRS Updates Guidance on Deductibility of Expenses Paid With PPP Loan Proceeds

The IRS recently released additional guidance about the tax treatment of expenses paid with proceeds of Paycheck Protection Program loans. The PPP loans are a COVID relief program enacted as part of the CARES Act…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, IRS

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Supreme Court Rejects Prejudice Requirement for Waiver of Arbitration Agreement

In Morgan v. Sundance, Inc., decided May 23, a unanimous Supreme Court addressed the standard for determining whether a party has waived its right to arbitrate a controversy by first engaging in litigation. Overruling decisions…more

Arbitration, Arbitration Agreements, Burden of Proof, Collective Actions, Delay Claims

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Miller Canfield Secures Court Order Stopping Enforcement of Law Barring Objectively Neutral Speech by Public Officials

On February 5, 2016, United States District Court Judge John Corbett O’Meara issued an Opinion and Order granting a preliminary injunction and blocking enforcement of §57(3) of the Michigan Campaign Finance Act, which barred…more

Ballot Measures, Campaign Finance Reform, Due Process, First Amendment, General Elections

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Department Of Labor Amends The FFCRA’s Paid Leave Regulations to Clarify Workers’ Rights and Employers’ Responsibilities

On Friday, September 11, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced revisions to regulations regarding the paid sick leave and expanded family and medical leave provisions of the Families First…more

Department of Labor (DOL), Employer Responsibilities, Families First Coronavirus Response Act (FFCRA), Paid Leave, Sick Leave

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Whose Risk? Impossibility and Frustration of Purpose in Michigan Leases

Following the COVID‑19 pandemic, many parties and jurisdictions grappled with how shutdown orders affected their private contract rights. Our commentary from March 2020 is still a good starting point for evaluating these issues…more

Business Interruption, Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms

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COVID-19: Federal Reserve’s Main Street Lending Program: What Businesses Need to Know to Prepare

On April 9, 2020, the Federal Reserve, acting under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and Section 13(3) of the Federal Reserve Act (12 USC §344), announced the creation of a new “Main Street…more

CARES Act, Coronavirus/COVID-19, Credit Facilities, Federal Reserve, Financial Stimulus

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When do Secured Lenders Have to Pay for Operating Expenses?

Secured lenders whose commercial loans are in default often face a serious question: should they allow a commercial property’s expenses to be paid, potentially increasing their losses? Or should they minimize their immediate…more

Commercial Loans, Commercial Property Owners, Default, Lenders, Rent

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Important Tax Changes Coming into Effect in Canada

The new year has brought with it some important tax changes for businesses and residential property owners in Canada…more

Canada, Corporate Taxes, Estate Tax, Income Taxes, Property Tax

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Thinking Ahead: Why You Should Consider Including an Appellate Lawyer on Your Trial Team

It may seem odd to have an appellate lawyer participate during a trial. But a new decision from the Michigan Court of Appeals shows that a second set of eyes, with a view toward appeal, can benefit both clients and lawyers at…more

Appeals, Litigation Strategies, Trial Preparation

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Commercial Real Estate Market Projections, Influences, and Disrupters in 2019

Miller Canfield participated in the Commercial Real Estate Finance Council (CREFC) Winter Conference in Miami in January 2019. The conference offers a candid insider’s view that looks both backward and forward and has proven to…more

Collateralized Debt Obligations, Collateralized Loan Obligations, Commercial Real Estate Contracts, Commercial Real Estate Market, Complex Financial Products

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Michigan Expands Development District Liquor License Availability

A recently passed Michigan law will streamline access to liquor licenses in development districts and is expected to lower costs for hospitality industry businesses that invest in constructing or restoring buildings. …more

Liquor Licences, Real Estate Development, Zoning Laws

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U.S. Export Controls and Sanctions Update: Russia, Belarus and Ukraine

Broad U.S. export controls and sanctions recently imposed on Russia, Belarus and specific areas of Ukraine may impact companies with international exposure to these regions, including but not limited to industries such as…more

Asset Freeze, Belarus, Biden Administration, Blocked Entities, Blocked Person

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California’s Valentine’s Day Gift to Employers: More Non-Competition Restrictions and Obligations

In October 2023, California’s Governor signed Assembly Bill (AB) 1076 making it unlawful to impose non-compete clauses on employees. The non-compete statute now makes clear that, when California law applies, almost all…more

Business & Professions Code, Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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EEOC Issues Guidance on Caregiver Discrimination

Key Takeaways: ..Caregiver discrimination is not by itself unlawful under federal or Michigan law, but it can be when it is based on protected characteristics. ..Employment decisions based on gender stereotypes are…more

Americans with Disabilities Act (ADA), Caregivers, Coronavirus/COVID-19, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Property Owners: Don't Let Michigan's New Slip-and-Fall Case Law Trip You Up

All property owners and possessors should be aware of a new legal framework from the Michigan Supreme Court that changes how premises liability cases are litigated. Michigan courts have long held that premises owners generally…more

Bodily Injury, Dangerous Condition, Liability, MI Supreme Court, Negligence

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2024 Regulatory Update for Investment Advisers

In 2023, the Securities and Exchange Commission issued various proposed rules on regulatory changes that will affect SEC-registered investment advisers (RIAs). Since these rules are likely to be put into effect, RIAs should…more

Analytics, Conflicts of Interest, Custody Rule, Cybersecurity, Investment Adviser

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Practice Pointer: When is an Agreement Enforceable Against a Bank?

The short answer is that an agreement is enforceable against a bank when the agreement is in writing and signed by the bank. But, the answer really depends on the jurisdiction involved…more

Banking Sector, Banks, Financial Institutions, Loan Agreements, Loans

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Canadian Law: Make Sure Your Lease Isn't a Dealbreaker

When selling your business in Canada, you will face a long list of due diligence requests as the purchaser reviews all aspects of your business. If there is a lease, one key aspect of due diligence review will be the lease for…more

Acquisitions, Canada, Commercial Leases, Commercial Tenants, Contract Term

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This is How We Use It: The Importance of Use in Canadian Trademark Law and Keeping Records of Use

In our previous article, Protecting Your Brand: A Primer on Canadian Trademarks, we touched upon the beginning stages of a trademark application and considerations such as, "Should I register my trademark?" and "Is the trademark…more

Canada, Expungement, Intellectual Property Protection, Trademark Registration, Trademarks

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Acquisition of real estate in Poland by a foreigner versus permanent residence

Pursuant to the Act of March 24, 1920 on the acquisition of real estate by foreigners: “Acquisition of real estate by a foreigner requires a permit. The permit is issued by way of an administrative decision by the minister of…more

EU, Foreign Nationals, Land Purchases, Lawful Permanent Residents, National Security

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IRS Announces 2023 Increases to Estate and Gift Tax Exclusions

​​​​​​​The Internal Revenue Service recently announced the 2023 cost of living adjustments for the estate and gift tax exclusion amounts.  Gift Tax Exclusion Amount: The annual gift tax exclusion is the amount ("Gift…more

Cost-of-Living Adjustment (COLA), Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

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A Worldwide First in AI Legal Developments: The European Union’s 2024 Artificial Intelligence Act

The European Union recently passed a sweeping law regulating corporations and business leaders with respect to artificial intelligence (AI). The first legislation of its kind, the EU Artificial Intelligence Act seeks to impose…more

Artificial Intelligence, Biden Administration, Compliance, Compliance Dates, Equal Employment Opportunity Commission (EEOC)

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Municipal Retirement Boards and Joint Energy Boards May Now Hold Electronic Meetings Under the OMA

On February 13, 2024, Public Act 214 of 2023 (“PA 214”) takes effect, amending Michigan's Open Meetings Act to give some public bodies greater freedom in holding electronic meetings…more

Municipalities, Open Meetings Act, Public Agencies, Public Meetings, Teleconferences

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Poland: Private Rented Sector - Mobility and Flexibility

A new, interesting trend of institutional rental (PRS) has appeared on the Polish real estate market, taken from the most developed markets in Europe, such as Germany, Switzerland and the Netherlands. In Poland, we are…more

Coronavirus/COVID-19, EU, Foreign Investment, Institutional Investors, Leases

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Supreme Court Adds New Wrinkle to Patent Inter Partes Review Proceedings, But Actual Impact Remains Unclear

A recent Supreme Court decision could add a new dimension to the patentability review process before the Patent Trial and Appeal Board. On June 21, 2021, the U.S. Supreme Court decided United States v. Arthrex, Inc., which…more

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

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Cracks in the Corporate Transparency Act?

On March 1, 2024, an Alabama federal court declared the Corporate Transparency Act (CTA) unconstitutional—but only enjoined its enforcement as to the specific litigants. As described in our prior alerts, the CTA effectuates…more

Beneficial Owner, Commerce Clause, Constitutional Challenges, Corporate Transparency Act, FinCEN

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Third Circuit Holds That an Arbitration Award Was a Judicial Record and Must Be Unsealed

People often agree to arbitrate their disputes because they presume that, unlike litigation, the proceedings will be confidential. An increasing number of court decisions suggest that this presumption may be unwarranted…more

Appeals, Arbitration, Arbitration Awards, Confidential Information, Corporate Counsel

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Cracks in the Corporate Transparency Act?

On March 1, 2024, an Alabama federal court declared the Corporate Transparency Act (CTA) unconstitutional—but only enjoined its enforcement as to the specific litigants. As described in our prior alerts, the CTA effectuates…more

Beneficial Owner, Commerce Clause, Constitutional Challenges, Corporate Transparency Act, FinCEN

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Michigan Adopts New Prevailing Wage Requirements for Public School Construction Projects

Michigan’s new Prevailing Wage for State Projects Act (the “Act”) became effective on February 13, 2024, and is substantially similar to a prior statutory prevailing wage requirement which was repealed in 2018. The Act…more

Construction Industry, Construction Project, Construction Workers, Contractors, Prevailing Wages

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COVID-19: Patent and Trademark Office Updates as of June 8, 2020

Miller Canfield is actively tracking the current status of operations of numerous Patent and Trademark Offices (PTOs) around the world in the light of the novel coronavirus (COVID-19) pandemic. Below is a chart that shows the…more

Coronavirus/COVID-19, Patents, Trademarks

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Michigan Adopts New Prevailing Wage Requirements for Public School Construction Projects

Michigan’s new Prevailing Wage for State Projects Act (the “Act”) became effective on February 13, 2024, and is substantially similar to a prior statutory prevailing wage requirement which was repealed in 2018. The Act…more

Construction Industry, Construction Project, Construction Workers, Contractors, Prevailing Wages

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REITS May Soon be Coming to Poland

Poland’s Ministry of Finance published a draft bill which would authorize the establishment and operation of Polish Real Estate Investment Trusts (Spólki Rynku Wynajmu Nieruchomosci) in Poland. At this stage, the proposal has…more

Institutional Investment, Investors, Poland, REIT

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In Music Copyright Row, The Supreme Court Remixes the Three-Year Limit on Copyright Damage Claims

On May 9, 2024, the U.S. Supreme Court held the Copyright Act entitles a copyright owner to obtain damages for a timely infringement claim, even if the infringement occurred prior to the Copyright Act's three-year statute of…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Intellectual Property Litigation

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NHTSA Finalizes Amended Rule on Child Restraint Systems

In December 2023, the National Highway Traffic Safety Administration (“NHTSA”) announced it had finalized amendments to Federal Motor Vehicle Safety Standard (“FMVSS”) 213 regarding child restraint systems (“CRS”)…more

Amended Rules, Automotive Industry, Final Rules, FMVSS, Manufacturers

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Important European Court Ruling On Personal Data Transfer To The U.S.

On July 16, 2020, the Court of Justice of the European Union delivered its decision in Data Protection Commissioner v. Facebook Ireland Ltd. and Maximillian Schrems, which invalidated EU Commission Decision 2016/1250 (the "2016…more

Court of Justice of the European Union (CJEU), Data Protection Authority, EU, EU-US Privacy Shield, European Commission

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Protecting Your Brand: Using DMCA Takedown Notices to Obtain Jurisdiction Over Anonymous Copycat Infringers

A common problem for intellectual property owners in the age of e-commerce is trying to unmask the identity of anonymous infringers to get the infringing activity to stop. Even if a brand owner is successful in unmasking the…more

Copyright, Copyright Infringement, Corporate Branding, DMCA, Intellectual Property Protection

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Governor Whitmer Extends Authorization for Public Bodies to Meet Remotely

On April 14, 2020, Governor Gretchen Whitmer issued Executive Order 2020-48 (the "Order"), extending the ability of public bodies to conduct remote public meetings through May 12, 2020. The Order rescinds Executive Order 2020-15…more

Coronavirus/COVID-19, Executive Orders, Governor Whitmer, Public Meetings, Virtual Meetings

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Standard & Poor’s Increases Credit Rating for the State of Michigan from AA- to AA

On July 24, 2018, Standard & Poor's raised its credit rating for the State of Michigan's general obligation bonds from AA- to AA. This upgrade will affect bonds issued by local governments that benefit from State credit…more

Bonds, Credit Ratings, Government Bonds, S&P

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NLRB Provides Final Rule Clarifying Joint-Employer Status

The National Labor Relations Board (NLRB) issued its final rule on joint-employer status after engaging in notice-and-comment rulemaking for more than five months. The rule overturns the NLRB's 2015 decision in Browning Ferris…more

Browning-Ferris Industries of California Inc., Control Test, Franchises, Joint Employers, NLRA

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Michigan Legislature Passes Package of Bills Implementing Proposal 2

At the November 2022 state general election, Michigan voters overwhelmingly approved a voting rights constitutional amendment known as Proposition 2022-2 (“Prop 2”). Prop 2 enshrined in the Michigan Constitution the right to…more

Administrative Procedure, Constitutional Amendment, State and Local Government, State Constitutions, Voting Rights

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Michigan Emergency Services Authorities Authorized to Incur Debt for Capital Projects and Equipment

On June 15, 2022, Michigan Governor Gretchen Whitmer signed legislation amending Act 57, Public Acts of Michigan, 1988 (“Act 57"), to authorize an emergency services authority, established under Act 57 by municipalities to…more

Emergency Response, Financing, Fire Departments, First Responders, Government Bonds

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The Impact of Tax Reform on Michigan Municipalities and School Districts

The U.S. House and Senate have approved the reconciled tax reform bill that was reported out of the House and Senate Conference Committee last week. The bill was passed on Dec. 20, 2017, and has been sent to the President for…more

Municipal Bonds, Municipalities, Public Schools, SALT, Tax Reform

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New Employment and Labour Changes with "Making Ontario Open for Business Act"

Bill 47, also called the "Making Ontario Open for Business Act," was passed and given royal assent on November 21, 2018. This new act relaxes demands on employers by repealing or altering many of the changes that came into…more

Amended Legislation, Canada, Employment Policies, Fair Work Act, Labour Code

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Corporate Aviation: Impact of Sanctions in Response to Russia's Invasion of Ukraine

In the wake of Russia's military invasion of Ukraine, several countries, starting with the 27 member states of the European Union and followed by the United States, Canada, Switzerland and Norway, have implemented restrictions…more

Aircraft, Biden Administration, Department of Transportation (DOT), Economic Sanctions, EU

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Poland: Deviation from technical building requirements

Deviation from technical building requirements Under Article 5, paragraph 1 of the Construction Law of 7 July 1994 (consolidated text: Journal of Laws 2021, item 2351, henceforth “CL”), all construction projects must be…more

Construction Industry, Construction Project, General Contractors, Poland, Regulatory Standards

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A Worldwide First in AI Legal Developments: The European Union’s 2024 Artificial Intelligence Act

The European Union recently passed a sweeping law regulating corporations and business leaders with respect to artificial intelligence (AI). The first legislation of its kind, the EU Artificial Intelligence Act seeks to impose…more

Artificial Intelligence, Biden Administration, Compliance, Compliance Dates, Equal Employment Opportunity Commission (EEOC)

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OSHA Issues Emergency Temporary Standard Requiring Mandatory Vaccination or Testing of Private Sector Workers for COVID-19

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) revealed its Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing, which has been published in the Federal Register and is effective…more

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

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Don’t Let the Signs Fool You, The Courts Are Open and Rendering Justice

Many of the state and federal courthouses in Michigan, Illinois, Indiana and Ohio are not open to attorneys or to other members of the public, with some exceptions. While the signs may say “Closed, Do Not Enter;” the courts are…more

Coronavirus/COVID-19, Court Closures, Court Schedules, State Courts

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New Michigan Supreme Court Ruling: A Must-Read for All Automotive and Manufacturing Companies

Many "blanket" supply agreements in the automotive and other industries provide that the buyer will specify the quantity to be delivered only by issuing periodic "releases." On July 11, the Michigan Supreme Court held for the…more

Automotive Industry, Manufacturers, MI Supreme Court, Statute of Frauds, Uniform Commercial Code (UCC)

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Temporary Reauthorization Expected for EB-5 Regional Center Program

The EB-5 Regional Center Program is set to sunset on September 30, 2015, at close of the federal fiscal year. Temporary funding legislation introduced in Congress to fund the Federal Government through December 11, 2015,…more

EB-5, Federal Funding, Regional Centers, Targeted Employment Area

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Congressional Tax Bills Threaten Tax-Exempt Bonds for Non-Profit Hospitals

As the Senate continues to work to modify the House version of a sweeping tax reform bill, non-profit hospitals face having to pay higher interest rates to borrow if certain types of tax-exempt bonds are eliminated. The U.S…more

Bond Financing, Non-Profit Hospitals, Proposed Legislation, Tax Exempt Entities, Tax-Exempt Bonds

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Michigan Supreme Court: Discrimination Based on Sexual Orientation Prohibited Under State Civil Rights Act

The Michigan Supreme Court has ruled that discrimination on the basis of sexual orientation and gender identity is discrimination because of sex prohibited by the Michigan Elliott-Larsen Civil Rights Act (“ELCRA”). The 5-2…more

Bostock v Clayton County Georgia, Civil Rights Act, Interpretive Opinions, MI Supreme Court, Sexual Orientation

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IRS Expands ERC Voluntary Disclosure Program to Employers Who Already Received Their Checks

As previously reported by Miller Canfield, in October 2023 the IRS launched a withdrawal program for Employee Retention Credit (ERC) claims for employers who now doubt the validity of their claim. Unfortunately, employers who…more

Employee Retention, IRS, Refunds, Repayment Options, Tax Credits

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Estate Planning During the COVID-19 Pandemic

Governor Whitmer signed Michigan Executive Order No 2020-41 on April 8, 2020, allowing the use of virtual platforms to "enable and encourage the use of electronic signatures, remote notarizations, remote witness attestations and…more

Coronavirus/COVID-19, E-Signatures, Estate Planning, Governor Whitmer, Notarization

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Recent Developments in Data Privacy Laws Impacting U.S. Companies

American companies should take notice of some important developments in data privacy laws in the U.S. and in the European Union. California Privacy Rights Act - On November 3, 2020, California voters approved the…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Data Controller, Data Privacy, Data Processors

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Some Research Credit Good News and Potentially Much Bad News

Over an objection by the IRS, the Tax Court recently ruled in Kapur v. Commissioner that it could limit discovery and permit statistical sampling of voluminous data related to a claimed research credit. The court refused,…more

Corporate Taxes, Income Taxes, IRS, Research and Development, Tax Court

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Supreme Court Upholds Authority of Michigan School Districts to Ban Firearms on School Property and at School Functions

On Friday, July 27, 2018, the Michigan Supreme Court upheld the authority of Michigan school districts to ban firearms on school property and at school functions. The Court held that while the Legislature has the power to…more

Firearms, MI Supreme Court, Preemption, Public Schools, School Districts

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Fighting Against Forced Labour and Child Labour in Supply Chains

The Fighting Against Forced Labour and Child Labour in Supply Chains Act will take effect on January 1, 2024, requiring certain organizations in Canada that are involved in the production or distribution of goods to submit a…more

Child Labor, Designated Agent, Distributors, Enforcement, Forced Labor

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New Michigan Supreme Court Ruling: A Must-Read for All Automotive and Manufacturing Companies

Many "blanket" supply agreements in the automotive and other industries provide that the buyer will specify the quantity to be delivered only by issuing periodic "releases." On July 11, the Michigan Supreme Court held for the…more

Automotive Industry, Manufacturers, MI Supreme Court, Statute of Frauds, Uniform Commercial Code (UCC)

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A Remittance to the IRS May Not Always Operate as Intended

A taxpayer against whom the IRS determines—not "assesses" but "determines"—a tax deficiency must decide whether to make a remittance to the IRS and if so, whether the remittance is to be treated as a "deposit" or as a "payment"…more

Income Taxes, IRS, Tax Liability, Tax Penalties

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Form I-9 Remote Inspection Flexibility Ends August 31, 2021

Employers preparing for return to in-person work should review any Form I-9 completed during COVID-19. The temporary policies for Form I-9 compliance in effect since March 20, 2020, will expire on August 31. (Temporary Policies…more

Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Deadlines, E-Verify, Employer Liability Issues

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Fighting Against Forced Labour and Child Labour in Supply Chains

The Fighting Against Forced Labour and Child Labour in Supply Chains Act will take effect on January 1, 2024, requiring certain organizations in Canada that are involved in the production or distribution of goods to submit a…more

Child Labor, Designated Agent, Distributors, Enforcement, Forced Labor

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Illinois Supreme Court Disallows Implied Warranty Claims by Owners Against Subcontractors

The Illinois Supreme Court has overturned over thirty years of precedent in holding that property owners cannot sue subcontractors for implied warranty of habitability claims. Courts have long held that owners receive implied…more

Construction Contracts, Construction Defects, Construction Industry, General Contractors, IL Supreme Court

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Major Changes in Background Checks, Equal Pay Reporting for Illinois Employers

On March 23, 2021, Illinois Governor J.B. Pritzker signed into law Senate Bill (SB) 1480, amending the Illinois Human Rights Act and Illinois Equal Pay Act. SB 1480 greatly limits use of criminal background checks in employment…more

Background Checks, Criminal Background Checks, Equal Pay, Governor Pritzker, Hiring & Firing

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FTC and DOJ Emphasize Companies’ Duty to Preserve Ephemeral Messaging and Data on Collaboration Platforms in Updated Guidance

The Federal Trade Commission and United States Department of Justice recently released new guidance on preservation of electronically stored information from ephemeral messaging tools and collaboration platforms like Slack,…more

Collaboration, Compliance, Data Preservation, Department of Justice (DOJ), Discovery

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An Online Patent Enforcement Strategy That is Immune to the COVID-19 Pandemic

The COVID-19 pandemic has wreaked havoc on brick and mortar businesses. Consumers, confined to their homes, have flocked to online markets, where products offered by patent owners often compete with infringing products from…more

Amazon, Amazon Marketplace, Coronavirus/COVID-19, Court Closures, Court Schedules

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California’s Valentine’s Day Gift to Employers: More Non-Competition Restrictions and Obligations

In October 2023, California’s Governor signed Assembly Bill (AB) 1076 making it unlawful to impose non-compete clauses on employees. The non-compete statute now makes clear that, when California law applies, almost all…more

Business & Professions Code, Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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USTR May Triple the Existing 301 Tariff Rate

Importers must begin to prepare for another round of Section 301 tariffs on China-based products, as President Biden and the United States Trade Representative (USTR) will seek to take further action on China tariffs resulting…more

Biden Administration, China, Electric Vehicles, Imports, Section 301

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Debt Limit to Qualify for Subchapter V and Chapter 13 Set to Revert This Summer

In 2022, Congress passed the Bankruptcy Threshold Adjustment and Technical Corrections Act (the “Act”), raising the debt limits for bankruptcy cases under the Small Business Reorganization Act (“SBRA,” a.k.a. “Subchapter V”) and…more

Bankruptcy Code, CARES Act, Chapter 13, Commercial Bankruptcy, Coronavirus/COVID-19

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Michigan Legislature Paves Way for College Athletes to Get Paid for Use of Their Name or Likeness

On December 16, 2020, the Michigan Senate passed bills designed to allow college athletes to receive compensation for the use of their names, images, or likeness rights. House Bill 5217 would make it unlawful for colleges or…more

College Athletes, Colleges, Compensation, Name and Likeness, NCAA

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Department of Labor Announces Final Overtime Rule - April 2024

On April 23, 2024, the Department of Labor (DOL) announced the final version of a rule that will significantly increase the annual salary threshold required to classify employees as exempt under the Fair Labor Standards Act…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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IRS Announced 2024 COL Adjustments for Estate, Gift Tax Exclusion Amounts

The Internal Revenue Service recently announced the 2024 cost of living adjustments for the estate and gift tax exclusion amounts. Gift Tax Exclusion Amount - The Gift Tax Exclusion Amount is the amount an individual…more

Cost-of-Living Adjustment (COLA), Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax

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2024 Regulatory Update for Investment Advisers

In 2023, the Securities and Exchange Commission issued various proposed rules on regulatory changes that will affect SEC-registered investment advisers (RIAs). Since these rules are likely to be put into effect, RIAs should…more

Analytics, Conflicts of Interest, Custody Rule, Cybersecurity, Investment Adviser

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Michigan Election Law Reform: Status of the 2021 Michigan Election Reform Package

The Michigan Senate introduced a 39-bill reform package (later expanded) on March 24, 2021 “to ensure transparency, integrity, and confidence in Michigan’s election process.” The bills have received much attention and triggered…more

Election Laws, Governor Vetoes, Governor Whitmer, New Legislation, Proposed Legislation

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2024 Regulatory Update for Investment Advisers

In 2023, the Securities and Exchange Commission issued various proposed rules on regulatory changes that will affect SEC-registered investment advisers (RIAs). Since these rules are likely to be put into effect, RIAs should…more

Analytics, Conflicts of Interest, Custody Rule, Cybersecurity, Investment Adviser

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Poland Authorizes a New Type of Corporate Entity: The "Simple Joint Stock Company"

In an effort to promote startups and encourage investment in emerging companies, the Polish government has amended the Polish Commercial Companies Code to allow for a new and exciting type of business entity: the simple joint…more

Corporate Entities, Corporate Governance, Joint Stock Companies, Poland, Shareholders

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U.S. Supreme Court Raises the Bar for Employers in Religious Accommodation Cases

On June 29, 2023, the U.S. Supreme Court issued a unanimous decision clarifying the standard for determining whether employees’ religious accommodation requests impose an undue hardship on employers…more

Civil Rights Act, De Minimus Doctrine, Groff v DeJoy, Religious Accommodation, Religious Discrimination

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DOL Issues Groundbreaking Fiduciary Investment Rules

Do you have investments in a retirement plan or IRA, or are you a retirement plan fiduciary or provide investment services to a retirement plan or IRA? On April 6, 2016, the Department of Labor (DOL) released its…more

Conflicts of Interest, Department of Labor (DOL), Fiduciary Duty, Final Rules, Individual Retirement Account (IRA)

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An Online Patent Enforcement Strategy That is Immune to the COVID-19 Pandemic

The COVID-19 pandemic has wreaked havoc on brick and mortar businesses. Consumers, confined to their homes, have flocked to online markets, where products offered by patent owners often compete with infringing products from…more

Amazon, Amazon Marketplace, Coronavirus/COVID-19, Court Closures, Court Schedules

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COVID-19: Michigan Governor Gretchen Whitmer Lifts Restrictions on Construction Work

Michigan Gov. Gretchen Whitmer signed an executive order on May 1, 2020, making residential and commercial construction among the first sectors of the economy to reopen as the state gradually lifts its stay-at-home orders. The…more

Construction Industry, Coronavirus/COVID-19, Executive Orders, Governor Whitmer, Re-Opening Guidelines

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Poland: Sale of real estate by means of electronic auction

The Act of May 28, 2021 amends the Code of Civil Procedure and certain other acts (Journal of Laws of 2021, item 1090). In addition to controversial changes regarding the existing rules for handling cases in civil, criminal and…more

Amended Rules, Internet Auctions, Poland, Real Estate Transactions, Real Estate Transfers

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U.S. Supreme Court: Forced Transfers of Employees Without Loss of Pay or Rank Violate Title VII

Federal law prohibits employers from relying on certain protected statuses (race, color, religion, sex, or national origin) when making employment decisions. Lower courts have required employees suing employers to point to a…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination

See all updates »

¿Podría el Presidente Trump sacar a los Estados Unidos del TLCAN? Preguntas frecuentes básicas.

Durante su campaña para presidente, el Presidente-Electo Trump prometió repetidamente renegociar el TLCAN e imponer un arancel del 35 por ciento sobre las importaciones procedentes de México y un arancel aun mayor a las…more

Free Trade Agreements, Mexico, NAFTA, Tariffs, Trade Policy

See all updates »

Bad Dog! SCOTUS Sides with Jack Daniel’s in Trademark Fight Over “Poop-Themed” Dog Toy

The United States Supreme Court unanimously sided with Jack Daniel’s in a trademark infringement dispute with dog toy manufacturer VIP Products over a poop-themed, chewy dog toy, in Jack Daniel’s Properties, Inc. v. VIP Products…more

Dilution, First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act

See all updates »

Michigan Supreme Court Expands Liability Under Anti-Discrimination Statute; Endorses Third-Party Retaliation Theory

“Third party” or “associational” retaliation is reprisal taken by an employer against someone other than the person who engaged in “protected conduct.” In 2011, the U.S. Supreme Court ruled that Title VII’s anti-retaliation…more

Anti-Discrimination Policies, Appeals, Employment Litigation, Hiring & Firing, MI Supreme Court

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Business Groups Challenge New FTC Rule Prohibiting Noncompete Agreements

On April 23, the Federal Trade Commission adopted a near-total ban on noncompete agreements, with limited exceptions. The following day, the U.S. Chamber of Commerce and other business groups sued, seeking to block the rule from…more

Chamber of Commerce, Confidential Information, Constitutional Challenges, Employment Contract, Federal Bans

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7th Circuit Becomes First Appellate Court To Extend Title VII Protection To Sexual Orientation

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit, sitting en banc, issued a landmark opinion becoming the first appellate court to hold that Title VII of the Civil Rights Act prohibits discrimination…more

Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), LGBTQ, Price Waterhouse, Sex Discrimination

See all updates »

Business Groups Challenge New FTC Rule Prohibiting Noncompete Agreements

On April 23, the Federal Trade Commission adopted a near-total ban on noncompete agreements, with limited exceptions. The following day, the U.S. Chamber of Commerce and other business groups sued, seeking to block the rule from…more

Chamber of Commerce, Confidential Information, Constitutional Challenges, Employment Contract, Federal Bans

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UPDATED/Employers: Planning for the Fiscal Year 2025 H-1B Cap and Registration Process Begins Now - Changes in Effect

UPDATE: Employers should be advised that USCIS has extended the H-1B CAP registration period for FY2025. The registration period was initially set to close at 12:00 pm EST on March 22, 2024, but has now been extended to 12:00…more

Filing Deadlines, H-1B, Highly-Skilled Workers Visa, Immigration Procedures, Registration Requirement

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Employer Impact of Revisions to Paid Medical Leave Act

As anticipated, the Michigan Legislature has revised and Governor Snyder has signed the "Earned Sick Time Act" and retitled it the "Paid Medical Leave Act" ("the Act"). Below are some of the key provisions of the Act…more

Amended Legislation, Earned Sick Time, Employee Rights, Paid Sick Leave Act, Sick Leave

See all updates »

Protecting Your Brand: A Primer on Canadian Trademarks

​​​​​​​Business owners will occasionally express a desire to protect their brand without much knowledge as to the purpose of a trademark or the intricacies involved in the trademark application process.  What is a…more

Canada, Corporate Branding, Intellectual Property Protection, Trademark Application, Trademark Registration

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Thinking Ahead: Why You Should Consider Including an Appellate Lawyer on Your Trial Team

It may seem odd to have an appellate lawyer participate during a trial. But a new decision from the Michigan Court of Appeals shows that a second set of eyes, with a view toward appeal, can benefit both clients and lawyers at…more

Appeals, Litigation Strategies, Trial Preparation

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Foreclosure Does Not Extinguish Assignment of Rents

Previously, we alerted you that Michigan had passed its version of the Uniform Assignment of Rents Act (MUARA). Among other things, this law clarifies that an assignment of rents is not extinguished by a foreclosure sale itself,…more

Assignment of Rents (AOR), Commercial Property Owners, Foreclosure, Lenders, Right of Redemption

See all updates »

Congressional Tax Bills Threaten Tax-Exempt Bonds for Non-Profit Hospitals

As the Senate continues to work to modify the House version of a sweeping tax reform bill, non-profit hospitals face having to pay higher interest rates to borrow if certain types of tax-exempt bonds are eliminated. The U.S…more

Bond Financing, Non-Profit Hospitals, Proposed Legislation, Tax Exempt Entities, Tax-Exempt Bonds

See all updates »

A Non-Party to An Arbitration Can Be Compelled to Give Testimony and Produce Documents

Can a court compel you to give testimony and produce documents in an arbitration where you are not even a party? In the United States, the answer is yes…more

Arbitration, Compelled Testimony, Discovery, Document Productions, Non-Parties

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Debt Limit to Qualify for Subchapter V and Chapter 13 Set to Revert This Summer

In 2022, Congress passed the Bankruptcy Threshold Adjustment and Technical Corrections Act (the “Act”), raising the debt limits for bankruptcy cases under the Small Business Reorganization Act (“SBRA,” a.k.a. “Subchapter V”) and…more

Bankruptcy Code, CARES Act, Chapter 13, Commercial Bankruptcy, Coronavirus/COVID-19

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Michigan Remote Electronic Notarization Law

A new Michigan law may streamline real estate transactions by allowing remote electronic notarization. The law, Act 330 of 2018, was signed by Gov. Rick Snyder on June 28, 2018. It amends the Michigan Notary Public Act and…more

New Regulations, Notary Certificates, Real Estate Transactions, Title Companies

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Debt Limit to Qualify for Subchapter V and Chapter 13 Set to Revert This Summer

In 2022, Congress passed the Bankruptcy Threshold Adjustment and Technical Corrections Act (the “Act”), raising the debt limits for bankruptcy cases under the Small Business Reorganization Act (“SBRA,” a.k.a. “Subchapter V”) and…more

Bankruptcy Code, CARES Act, Chapter 13, Commercial Bankruptcy, Coronavirus/COVID-19

See all updates »

New Prevailing Wage Requirements for Charter School Construction Projects

Michigan’s new Prevailing Wage for State Projects Act (the “Act”) became effective on February 13, 2024, and is substantially similar to a prior statutory prevailing wage requirement which was repealed in 2018…more

Charter Schools, Competitive Bidding, Construction Project, Prevailing Wages, Public Projects

See all updates »

Strategies to Reduce the Impact of the New SBA Procedural Notice on the Rights of a Secured Lender

In the SBA Procedural Notice dated October 2, 2020 (the “Approval Notice”), the Small Business Administration (“SBA”) has issued mandates that may impact the ability of a recipient of a Paycheck Protection Program (“PPP”) loan…more

Acquisitions, CARES Act, Change in Control, Change in Ownership, Coronavirus/COVID-19

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Hague Convention on Choice of Court Agreements Treaty Entered Into Force

On October 1, 2015, the Hague Convention on Choice of Court Agreements treaty entered into force, binding Mexico and all of the members of the European Union with the exception of Denmark. The United States and Singapore have…more

Choice of Court Agreements Treaty, EU, Forum Selection, Hague Convention, Mexico

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Illinois Open Meetings Act Amended to Allow Meetings Without A Physical Quorum

On June 12, 2020, Illinois Governor J.B. Pritzker signed into law Public Act 101-0640 which, among other matters, amends Section 7 of the Open Meetings Act to allow meetings of members of a public body subject to the Act to…more

Amended Legislation, Coronavirus/COVID-19, Governor Pritzker, Open Meetings Act, Public Entities

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Temporary Relocation Warranty to be Implemented by Tarion

Tarion, the consumer protection organization which oversees builder warranties for new homes built in Ontario, is formalizing a Temporary Relocation Warranty (“TRW”). The TRW will provide mandatory compensation for owners of…more

Home Warranties, Homeowners, New Regulations, Warranties

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Practice Pointer: Review Your Loan File Now to Avoid Problems Later

When a loan becomes distressed, it is essential for the secured lender to conduct a file review to determine if there are any deficiencies that need to be addressed. If deficiencies are not addressed, the lender’s collateral…more

Collateral, Commercial Bankruptcy, Lenders, Perfected Security Interest, Risk Management

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Michigan Adopts New Prevailing Wage Requirements for Public School Construction Projects

Michigan’s new Prevailing Wage for State Projects Act (the “Act”) became effective on February 13, 2024, and is substantially similar to a prior statutory prevailing wage requirement which was repealed in 2018. The Act…more

Construction Industry, Construction Project, Construction Workers, Contractors, Prevailing Wages

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COVID-19: Michigan Governor Gretchen Whitmer Lifts Restrictions on Construction Work

Michigan Gov. Gretchen Whitmer signed an executive order on May 1, 2020, making residential and commercial construction among the first sectors of the economy to reopen as the state gradually lifts its stay-at-home orders. The…more

Construction Industry, Coronavirus/COVID-19, Executive Orders, Governor Whitmer, Re-Opening Guidelines

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IRS Announces 2023 Increases to Estate and Gift Tax Exclusions

​​​​​​​The Internal Revenue Service recently announced the 2023 cost of living adjustments for the estate and gift tax exclusion amounts.  Gift Tax Exclusion Amount: The annual gift tax exclusion is the amount ("Gift…more

Cost-of-Living Adjustment (COLA), Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

See all updates »

Legal Consequences to Consider Before Raising Prices

Businesses routinely raise their prices in response to changing economic conditions and competition. Now might be a particularly dangerous time to raise prices without careful consideration of the legal consequences of pricing…more

Antitrust Violations, Coronavirus/COVID-19, Executive Orders, Federal Trade Commission (FTC), Price Gouging

See all updates »

Nike Strikes Back Against Kawhi Leonard Over Logo Lawsuit

What a month and a half it has been for the former King of the North. He led the Toronto Raptors on an improbable run to the 2019 NBA Championship and captured the heart of a nation. He led a Toronto news helicopter on a…more

Athletes, Contract Terms, Copyright, Copyright Infringement, Copyright Litigation

See all updates »

USTR May Triple the Existing 301 Tariff Rate

Importers must begin to prepare for another round of Section 301 tariffs on China-based products, as President Biden and the United States Trade Representative (USTR) will seek to take further action on China tariffs resulting…more

Biden Administration, China, Electric Vehicles, Imports, Section 301

See all updates »

Preparing for Cyberattacks and Limiting Liability

The U.S. government and military experts have been warning U.S. companies that Russia may launch significant cyberattacks against critical infrastructure, financial institutions and businesses in retaliation for the sanctions…more

California Consumer Privacy Act (CCPA), Critical Infrastructure Sectors, Cyber Attacks, Cyber Insurance, Cybersecurity

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Sixth Circuit: Calls to Prior Customers Violates TCPA

Many businesses routinely make telemarketing calls to prior customers. However, a recent ruling holds that this may violate the Telephone Consumer Protection Act (“TCPA)” and may open up businesses and franchises to class action…more

Class Action, Contract Termination, Contract Terms, Corporate Counsel, TCPA

See all updates »

Temporary Reauthorization Expected for EB-5 Regional Center Program

The EB-5 Regional Center Program is set to sunset on September 30, 2015, at close of the federal fiscal year. Temporary funding legislation introduced in Congress to fund the Federal Government through December 11, 2015,…more

EB-5, Federal Funding, Regional Centers, Targeted Employment Area

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U.S. District Court Sets Aside DHS and DOL H-1B Wage Rules

In Chamber of Commerce, et al., v. DHS, et al., the U.S. District Court in California has set aside an interim final rule significantly altering prevailing wages to be paid to certain temporary and permanent foreign workers…more

Administrative Procedure Act, Coronavirus/COVID-19, Department of Homeland Security (DHS), Department of Labor (DOL), Good Cause

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US Issues Proposed Regulations on FEOC Exclusions from Clean Vehicle Credit

On December 4, 2023, the U.S. Department of the Treasury and Internal Revenue Service (IRS) published long-awaited proposed regulations (Notice of Proposed Rulemaking) regarding the Foreign Entity of Concern (FEOC) exclusions…more

Automotive Industry, Clean Car Standards, Department of Energy (DOE), Electric Vehicles, Foreign Entities

See all updates »

Biden Executive Order Strengthens and Expands U.S. Sanctions on Chinese Military Companies

President Biden has signed an Executive Order effective August 2, 2021, affirming and expanding U.S. policy restricting the purchase and sale of publicly traded securities of listed Chinese companies with a nexus to China's…more

Biden Administration, China, Defense Sector, Economic Sanctions, Executive Orders

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Department of Labor Announces Final Overtime Rule - April 2024

On April 23, 2024, the Department of Labor (DOL) announced the final version of a rule that will significantly increase the annual salary threshold required to classify employees as exempt under the Fair Labor Standards Act…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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Miller Canfield Secures Court Order Stopping Enforcement of Law Barring Objectively Neutral Speech by Public Officials

On February 5, 2016, United States District Court Judge John Corbett O’Meara issued an Opinion and Order granting a preliminary injunction and blocking enforcement of §57(3) of the Michigan Campaign Finance Act, which barred…more

Ballot Measures, Campaign Finance Reform, Due Process, First Amendment, General Elections

See all updates »

Impact of American Rescue Plan Act on State and Local Governments

On March 11, 2021, President Joe Biden signed the American Rescue Plan Act of 2021 ("ARPA"), which contains $1.9 trillion in overall national spending to support relief and economic recovery efforts. ARPA provides a total of…more

American Rescue Plan Act of 2021, Biden Administration, Coronavirus/COVID-19, Economic Stimulus, Federal Funding

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Abraham Accords Alter the Impact of U.S. Antiboycott Laws on Companies Doing Business in the UAE

In September 2020, the United Arab Emirates, Israel and the U.S. signed the Abraham Accords, establishing diplomatic and commercial relations between the UAE and Israel. In August 2020, the UAE issued Federal Decree-Law No. 4 of…more

Abraham Accords Peace Agreement, Antiboycott Requirements, Boycotts, Bureau of Industry and Security (BIS), Compliance

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New Legislation Puts Michigan on the Fast Track to Renewable, Clean Energy

On Nov. 28, 2023, Michigan Governor Gretchen Whitmer signed into law energy legislation passed by the House and Senate earlier this month. The law will address Governor Whitmer’s 2023 “MI Healthy Climate” initiative, and make…more

Clean Energy, Climate Change, Compliance, Compliance Dates, Energy Projects

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COVID-19: Continuity of Learning for K-12 Students under Executive Order 2020-35

As anticipated, on April 2, 2020, Governor Whitmer issued Executive Order 2020-35 (the “Order”) regarding the provision of K-12 education in Michigan for the remainder of the 2019-20 school year. The 17-page order, in short,…more

Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Department of Education, Emergency Response, Executive Orders

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U.S. Supreme Court Confirms that Foreign Companies Can Use a Powerful Tool to Enforce International Arbitration Awards

The U.S. Supreme Court recently confirmed that foreign companies looking to enforce international arbitration awards have a powerful tool at their disposal: a U.S. statute targeting organized criminal activity. In Yegiazaryan v…more

Arbitration, Arbitration Awards, Asset Freeze, Criminal Conspiracy, Enforcement of Foreign Judgments

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Doing Business in Qatar: How to Comply with the QFC Beneficial Ownership Procedures

Like many jurisdictions around the world, the Qatar Financial Centre (QFC) has established compliance procedures that require legal entities registered or formed in the QFC to identify their ultimate beneficial owners (UBO). The…more

Anti-Money Laundering, Beneficial Owner, Compliance, Disclosure Requirements, Money Laundering

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Hard Bargaining or Unlawful Bargaining: What A Difference A Board Member Makes

The National Labor Relations Board (NLRB) recently held that an employer’s proposal and adherence to proposals could in itself be deemed to be unlawful bad faith bargaining. District Hospital Partners, 375 NLRB No. 55…more

Administrative Law Judge (ALJ), Bad Faith, Bargaining Power, Board of Directors, Collective Bargaining

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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