Your search for “Alert” returned the following results:
- Federal Circuit Reinforces Implications of the On-Sale Bar for Patent Owners
09/16/2024The recent Federal Circuit case of Celanese International Corp. v. International Trade Commission serves as a significant reminder of the importance of the on-sale bar in U.S. patent law. Patent owners must be vigilant in their pre-filing activities, carefully considering…
- Are Independent Contractors Covered Under Michigan’s Earned Sick Time Act?
09/13/2024Employers know by now that Michigan’s Earned Sick Time Act (“ESTA”) will become effective in February of 2025. As Human Resources professionals plan to implement ESTA-complaint policies, one of the big questions is – who, exactly, does ESTA cover? The…
- Court of Appeals Rules that Voter-Initiated Charter Amendments Cannot Be Used to Implement Local Regulations Under the MRTMA
09/06/2024In an opinion released for publication on Tuesday, September 3, the Michigan Court of Appeals has ruled that voter-initiated charter amendments are not a permissible method of implementing the limited local regulations that are authorized by the Michigan Regulation and…
- FTC Non-Compete Ban Blocked ˗ For Now
08/21/2024In a widely anticipated ruling, Judge Ada E. Brown of the United States District Court for the Northern District of Texas sided with the U.S. Chamber of Commerce and a Texas-based tax firm to block the FTC’s Final Rule banning…
- It’s Back…Michigan Supreme Court Strikes Down “Adopt-and-Amend”
07/31/2024The Michigan Supreme Court has just issued a decision that eliminates the tip credit, raises the minimum wage, and expands paid leave. The decision rescinds the 2018 “Adopt-and-Amend” action by the Legislature and reinstates the 2018 citizens’ initiative for paid sick…
- Supreme Court Abolishes Chevron Deference
07/01/2024On June 28, 2024, the U.S. Supreme Court, in Loper Bright Enterprises v. Raimondo, overruled the long-standing “Chevron doctrine,” under which courts were required to defer to “permissible” agency interpretations of the statutes those agencies administer, even if a reviewing…
- Michigan Supreme Court Expands Retaliation Liability Under Michigan’s Civil Rights Act
06/04/2024The Michigan Supreme Court’s recent ruling in the case of Miller v. Department of Corrections expands the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA). This decision could have important implications for employers regarding disciplinary actions. The…
- Federal Circuit Overrules the Rosen-Durling Test for Determining Obviousness of Design Patents
05/22/2024Design patents in the United States are now expected to be more difficult to obtain and enforce. On May 21, 2024, the Federal Circuit overruled the longstanding Rosen-Durling test for evaluating the obviousness of design patents. LKQ Corp. v. GM…
- Who is a “Senior Executive” Under the FTC’s Non-Compete Clause Rule? It’s More Narrow Than You Think.
05/16/2024The FTC’s non-compete ban is the topic of conversation for most in the HR world. As we all have heard, the FTC issued the Non-Compete Clause Rule (the “Rule”) which would ban nearly all non-compete provisions with limited exceptions. One…
- New DOL and FTC Rules (Maybe) Mandate Employment Changes
04/26/2024It was a busy and high-profile week for the Department of Labor (“DOL”) and the Federal Trade Commission (“FTC”), both of which issued new rules that require employers to thoroughly review their use of the exempt classification and non-competition restrictions.…
- EPA Submits Final Rules Identifying PFAS as Hazardous Substances
04/23/2024The United States Environmental Protection Agency (EPA) has submitted final rules that affect businesses that manufactured or used PFAS substances and establish maximum contaminant levels (MCLs) for drinking water. On April 19, 2024, the EPA submitted a final rule for…
- Navigating the Intersection of AI and Human Resources: Strategies for Mitigating Legal Risks*
04/08/2024According to a recent study by the Society for Human Resource Management, 25% of organizations use artificial intelligence (“AI”) to assist with human resources functions, and another 25% anticipate doing so by the end of 2024. There is no doubt…
- Employers: It’s Time for an Artificial Intelligence Policy!
03/19/2024Many employers are already dealing with employees using Artificial Intelligence or Generative Artificial Intelligence (collectively “AI”) in their day-to-day job duties, communications, or work product. It is problematic that employees may be using (or trying to use) AI completely on…
- The Love Contract in the Workplace
03/11/2024Workplace romances and relationships are not uncommon – no doubt because of how much time employees spend at work. Employers must be prepared to handle romantic relationships in the workplace and have the tools in place to prevent and defend…
- Five Dos and Don’ts for Preserving an Honest Belief Defense
03/04/2024In an employment discrimination case, whether an employer is successful in getting a dismissal often depends on whether it can show it had an “honest belief” in a non-discriminatory reason for the employment decision. A new Sixth Circuit Court of…
- Shareholder Oppression Claims in Closely Held Michigan Corporations: A Powerful Remedy Against Abuses of Power
02/23/2024Most institutions in our society make decisions upon the consent of the majority, from legislatures passing important bills to families deciding on what movie to watch on movie night. Majority rule is also the way most closely held corporations conduct…
- A UFLPA Update: US Customs Impounds Thousands of Vehicles with Suspected Banned Components
02/20/2024We write to alert you to a recent development on one of the topics discussed at the Bodman/Kharon/Miller & Chevalier Executive Briefing on Emerging Legal and Regulatory Issues Facing Automotive Companies held on May 23, 2023. Our Briefing focused on…
- Governor Whitmer Restructures the Michigan Tax Tribunal by Executive Order
01/18/2024In an Executive Order dated January 17, 2024, Michigan Governor Gretchen Whitmer transferred the Michigan Tax Tribunal out of the Department of Licensing and Regulatory Affairs (LARA) such that it will function independent from LARA’s Michigan Office of Administrative Hearings…
- Medical Society Urges Increased Scrutiny of Private Equity Involvement in Health Care
01/18/2024On October 23, 2023, the Michigan State Medical Society (“MSMS”) penned a letter to Michigan Attorney General Dana Nessel asking her to investigate what MSMS believes are widespread violations of Michigan’s prohibition on the corporate practice of medicine (the “CPOM…
- Unions Are Seeking to Organize in Non-Traditional Industries, Including Financial Services
01/03/2024Union organizing efforts are not limited to historical union strongholds such as manufacturing, construction, and the public sector. Even though unions currently represent only about 1.3% of the financial services industry, they are looking to organize employees in this industry.…
- A Year-End Reminder: Potentially Overlooked Reporting Requirements
12/28/2023For many organizations and individuals, the end of the calendar year generates significant reporting obligations, particularly with respect to the Internal Revenue Service. The following requirements may not be obvious, but filers should consider them carefully as part of year-end…
- Michigan Flow-Through Entity Tax Election Deadline Approaching
12/21/2023Michigan taxpayers with interests in calendar year-end S corporations and partnerships should take note: the deadline to make a new “flow-through” entity tax (“FTE tax”) election for 2024 is approaching, and it occurs prior to the due date of the…
- The Holiday Present Employers Don’t Want – Mitigating Risk During the Holiday Season
11/20/2023The holiday season is generally a time for celebration. However, employers should be particularly vigilant at year end in their efforts to mitigate risk for employment claims. Below are some issues to keep in mind. Reducing Risk at Holiday Parties…
- The Corporate Transparency Act: New Requirements for Businesses to Report Beneficial Ownership Information
10/27/2023The Corporate Transparency Act (the “CTA”), which takes effect on January 1, 2024, will require many companies to report certain beneficial ownership information to the Financial Crimes Enforcement Network (“FinCEN”), a division of the Treasury Department. These requirements are intended…
- NLRB Announces New Employee-Friendly Joint Employer Test
10/26/2023On October 26, 2023, the National Labor Relations Board issued a Final Rule addressing the standard for determining joint employer status under the National Labor Relations Act. The Final Rule will make it more likely that one entity can be…