Your search for “Alert” returned the following results:
- 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…
- 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…
- 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…
- Department of Labor Proposes an Increase to the FLSA Exempt Employee Salary Threshold; Is 2023(4) the New 2019 or 2017?
10/10/2023On August 30, 2023 the U.S. Department of Labor (“DOL”) announced the much anticipated Notice of Proposed Rulemaking (“NPRM”) which, if implemented, would increase certain otherwise salary exempt employees’ compensation under the Fair Labor Standards Act (“FLSA”) by over 50%…
- How Delaware LLCs Can Protect Themselves Against Abusive and Illegitimate Information Requests by Members or Managers
08/30/2023Knowledge is power, they say. In the context of a Delaware limited liability company (“LLC”), knowledge about the company’s finances, governance, operations, and affairs is found in the company’s books and records. But like any power, the power of a…
- Legal Restrictions on Health Information – Beyond HIPAA
08/29/2023Appropriately so, providers look first to the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA), to ensure that they comply with regulations regarding patients’ protected health information (PHI). Nonetheless, one must also look beyond. HIPAA is a…
- Religious Accommodation Undue Hardship Becomes More Difficult to Meet Under Federal Law
08/07/2023Title VII of the Federal Civil Rights Act of 1964 (“Title VII”) requires employers to accommodate any employee’s sincerely held religious beliefs unless accommodation would result in an undue hardship. Historically, denial of a religious accommodation on undue hardship grounds…
- Who Owns Knowledge?
07/28/2023You may have recently heard that the heads of two mega-tech companies, Meta and the company formerly known as Twitter, have exchanged accusations. No, we are not referring to the potential “cage match” but to the allegation that Threads (a…
- Michigan Supreme Court Overrules Court of Appeals Decision in MSSC, Inc. v. Airboss Flexible Products Co.
07/18/2023We 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 that took place on May 23, 2023: the MSSC,…
- New “Pregnant Workers Fairness Act” and “Providing Urgent Maternal Protections for Nursing Mothers Act” Require Employers to Provide Certain Accommodations for Pregnant Workers
07/10/2023Under the new Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023, employers are now required to provide “reasonable accommodations” to nursing and pregnant employees. Before passage of the PWFA, the Pregnancy Discrimination Act (PDA) had, for…
- Federal Trade Commission Proposes Broad Ban on Non-Compete Agreements
07/06/2023The Federal Trade Commission (FTC) has issued a Proposed Rule which, if implemented, would prohibit employers from entering into or attempting to enter into, “a non-compete clause with a worker; maintain with a worker a non-compete clause; or represent to…
- Michigan Prohibits Hair-Based Racial Discrimination
06/16/2023On June 15, 2023, Michigan Governor Gretchen Whitmer signed Senate Bill 90, which amends the Elliott-Larsen Civil Rights Act (“ELCRA”) to prohibit discrimination based on traits historically associated with race, such as hair texture and protective hairstyles. This amendment has…