Spring 2014 saw the first ever attempt to form a union among Division I college athletes, specifically the football team at Northwestern University in Evanston, Ill. The National Labor Relation Board’s (“NLRB” or “Board”) Regional Director ordered an election, and the ballots have been cast.

In the last few years, several Latin American countries and the United States have increased their focus on anti-corruption matters. This article will survey some of the most significant recent public anti-corruption investigations and cases which have a nexus with Latin-American countries.

In 2014, the State of Illinois adopted its first solar renewable energy credit (SREC) program, establishing a “one-time supplemental procurement plan” (Procurement Plan) for SRECs.

The U.S. Supreme Court ruled that the Sixth Circuit’s reliance on retiree-friendly inferences set forth in UAW v. Yard-Man are incompatible with ordinary principles of contract interpretation and should not be used when determining whether a collective bargaining agreement promises vested, unalterable lifetime retiree health insurance benefits.

“Trademark tacking” is an issue of fact that must be decided by a jury, the U.S. Supreme Court has unanimously ruled in Hana Financial, Inc. v. Hana Bank, et al.

Michigan governmental entities will face significant new regulations on how they charge for responses to Freedom of Information Act (FOIA) requests beginning July 1, 2015.

This article was originally published in the January 2015 issue of National Defense, the National Defense Industrial Association's business and technology magazine, under the title, "Know When Software Falls Under Export Control Regime".

Michigan voters will have the final say on approving a deal between Gov. Rick Snyder and the Michigan Legislature to overhaul the state’s tax structure to fund road improvements at a referendum election on May 5, 2015. The plan is estimated to raise an additional $2 billion.

Michigan is poised to officially ban student-athletes at public colleges and universities from forming or joining a labor union. Gov. Rick Snyder is expected to sign the recently passed bill into law by the end of the year.

Companies that provide employees access to email systems “must presumptively” allow those employees to use them for statutorily protected communications on non-working time, the National Labor Relations Board (NLRB) ruled on December 11, 2014, reversing the Board’s seven-year old precedent.

The City of Detroit today closed four transactions totaling $1.28 billion to fund revitalization efforts and creditor settlements, marking the City’s emergence from bankruptcy and the conclusion of the largest, most complex municipal bankruptcy in U.S. history.

The City of Detroit today closed four transactions totaling $1.28 billion to fund revitalization efforts and creditor settlements, marking the City’s emergence from bankruptcy and the conclusion of the largest, most complex municipal bankruptcy in U.S. history.

Employees are not entitled to pay for time spent during security screenings at the end of the workday, a unanimous U.S. Supreme Court ruled on December 9, 2014.

Job applicants lack standing to bring whistleblower retaliation claims under the False Claims Act (FCA) and the Energy Reorganization Act (ERA) because they are not “employees,” according to the Sixth Circuit Court of Appeals.

Many non-profit organizations, public agencies, and other employers rely upon volunteers. But what happens when an organization decides to terminate a volunteer’s affiliation with it because of the volunteer’s religion? Such conduct towards an employee is, of course, prohibited by Title VII. So are volunteers “employees” for the purposes of Title VII?

The United States and the People’s Republic of China will jointly increase the validity of short-term business and tourist visas, as well as student and exchange visas, issued to each other’s citizens in an initiative that starts Wednesday, November 12.

An employee who has a registration identification card issued under the Michigan Medical Marihuana Act (MMMA) may collect unemployment benefits if he is fired for a positive marijuana test, the Michigan Court of Appeals recently ruled in Braska v. Challenge Manufacturing Co.

Municipal securities issuers have the opportunity to self-report material misstatements in official statements regarding prior compliance with continuing disclosure undertakings under a new initiative introduced by the Securities and Exchange Commission’s (SEC) Enforcement Division.

The Sixth U.S. Circuit Court of Appeals recently issued a significant decision clarifying the pleading standards in securities litigation, clarifying what must be alleged to impute a corporation with knowledge of alleged misconduct by its agents and employees.

The U.S. Department of Labor (DOL) has raised the minimum wage for federal service and construction contract workers to $10.10, in a final rule that takes effect January 1, 2015.

The National Labor Relations Board (NLRB or Board) recently restated and refined its approach to determining whether workers are independent contractors, reaffirming that independent contractor status is based on common law agency principles with no one factor being decisive.

A recent National Labor Relations Board decision could significantly increase the damages that employees can recover against an employer that acquires a business but refuses to hire the employees of the predecessor.

In the run up to Labor Day, Illinois Gov. Pat Quinn signed two public acts into law that significantly impact Illinois employers. The first is a major extension of the Human Rights Act that enhances pregnancy discrimination protections to affirmatively require accommodations for pregnancy and related conditions. The second imposes significant limitations on employers who use payroll cards in lieu of checks, cash or direct deposit of wages.

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.

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, its first comprehensive update on the subject of discrimination against pregnant workers since 1983.

Interest-Charge Domestic International Sales Corporations (“IC-DISCs”) offer significant potential tax benefits for U.S. companies that export U.S. manufactured products or certain engineering or architectural services with respect to foreign projects. IC-DISCs can provide tax benefits to all types of U.S. exporters, including C- and S-corporations, LLCs and partnerships.

The National Labor Relations Board’s (NLRB) Office of the General Counsel recently authorized complaints to be issued against a major restaurant franchisor as a joint employer along with its franchisees in 43 claims of alleged violations of the NLRA.

An employer planning to terminate an employee on H-1B visa status needs to ensure that the termination is undertaken in compliance with not only the employment contract and applicable state and federal law, but also in compliance with Federal regulations unique to H-1B employees.

Employees discharged as part of a company restructuring can participate in a collective action lawsuit for unpaid overtime wages under the Fair Labor Standards Act (FLSA) despite waiving their collective action rights in severance agreements, the 6th U.S. Circuit Court of Appeals ruled in Killion v. KeHE Distributors, LLC, decided July 30.

A new Illinois law that takes effect next year will affect how employers in the state handle job candidates’ criminal records in the hiring process.

A lot of attention has been given to a recent decision by the U.S. Court of Appeals for the District of Columbia (D.C. Court of Appeals) unanimously ruling against President Barack Obama relating to his order stopping Chinese investors from proceeding with their acquisition of four wind farm companies.

Governor Pat Quinn recently signed into law amendments to The Illinois Power Agency Act aimed at promoting solar power in Illinois.

A Multistate Tax Compact (MTC) election is applicable to both the net income base and modified gross receipts base of the Michigan Business Tax, the Michigan Supreme Court ruled in International Business Machines v. Michigan Department of Treasury.

Frederick A. Acomb, FCIArb, is the International Dispute Resolution Section Chair at Miller Canfield.

The offshore centers British Virgin Islands and the Cayman Islands are British Overseas Territories and corporate entities established there will be subject to UK and EU export controls and sanctions. Jeff Richardson reviews the regulations and urges due diligence in the establishment of investment funds and other corporate vehicles.

The State of Illinois cannot require Rehabilitation Program “personal assistants” (PAs) who decide not to join a union, to pay compulsory union dues, commonly known as “agency fees,” the U.S. Supreme Court ruled in Harris v. Quinn, decided June 30, 2014.

President Barack Obama’s National Labor Relations Board (NLRB) member appointments made under the Recess Appointment Clause on January 4, 2012 were unconstitutional, the U.S. Supreme Court ruled in NLRB v. Noel Canning, released Thursday.

Securities fraud plaintiffs in private actions do not have to directly prove price impact at the class certification stage; price impact may be presumed indirectly if plaintiffs satisfy the “fraud on the market” test, the U.S. Supreme Court ruled in Erica P. John Fund, Inc. v. Halliburton Co. (“Halliburton II”), decided on June 23, 2014.

A rule proposed by the U.S. Department of Labor would extend the protections of the Family and Medical Leave Act (FMLA) to all eligible employees in legal same-sex marriages regardless of where they live.

Providing truthful, sworn testimony outside the course of ordinary job duties is First Amendment speech for the purposes of retaliation lawsuits, the U.S. Supreme Court ruled on June 19, 2014.

Patent claims that merely require generic computer implementation do not transform a patent-ineligible abstract idea into a patent-eligible invention, the U.S. Supreme Court ruled in Alice Corp v. CLS Bank, decided on Thursday, June 19.

In a landmark case, the Unites States Patent and Trademark Office cancelled six trademark registrations associated with the National Football League team, the Washington Redskins, finding that use of the term "redskin" is disparaging to Native Americans.

The People's Republic of China Ministry of Commerce (“MOFCOM”) recently implemented a pilot program to optimize the procedure for reviewing and approving foreign investment projects by central MOFCOM.

For the second time in a year, the U.S. Environmental Protection Agency (EPA) proposed to amend the “all appropriate inquiry” rule under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Demonstrating compliance with Food and Drug Administration (FDA) labeling rules wasn’t enough for Coca-Cola to ward off a Lanham Act false-advertising claim by Pom Wonderful, LLC, the U.S. Supreme Court unanimously ruled in POM Wonderful LLC v. The Coca-Cola Company, released June 12.

On May 27, 2014, Michigan enacted a law that will gradually increase the minimum wage from its current $7.40 to $9.25 per hour by January 1, 2018.

The U.S. Securities and Exchange Commission Enforcement Division recently announced a program intended to resolve violations of federal securities laws regarding continuing disclosures in bond offering documents.

The U.S. Supreme Court has agreed to review a 2013 Sixth Circuit decision that could alter the way collective bargaining agreement provisions covering retiree health benefits are interpreted.

Michigan’s affirmative action ban, a Constitutional amendment enacted through referendum during the 2006 election cycle, was upheld by the U.S. Supreme Court on Tuesday.

The U.S. Commerce Department recently announced its plan to transition oversight of the non-profit Internet Corporation for Assigned Names and Numbers (ICANN), which manages Internet domain names and addresses, to a yet-to-be-determined entity.

Recently enacted legislation provides clarity and relief to Michigan municipalities poised to suffer revenue loss as a result of personal property tax reform legislation enacted in 2012.

Recently enacted legislation provides clarity and relief to Michigan school districts poised to suffer revenue loss as a result of personal property tax reform legislation enacted in 2012.

President Barack Obama took steps towards erasing pay disparity between genders on Tuesday by signing an Executive Order and Presidential Memorandum focusing on fair pay.

Northwestern University scholarship football players are employees of the university for the purposes of the National Labor Relations Act (NLRA), NLRB Chicago Regional Director Peter Sung Ohr held on Wednesday.

After years of anticipation and delay, the Polish government has finally taken significant steps forward in opening up the shale gas industry in Poland. Either fortuitously or intentionally, this comes just in time. The E.U. countries, especially in Eastern Europe, expeditiously need to find alternative sources of natural gas to counter Russia’s dominant position. One obvious source is to tap into the shale gas reserves in Poland.

New overtime rules likely to be issued by the Obama Administration would make more executive or managerial employees eligible for overtime pay under FLSA.

The recent developments in Ukraine and Russia’s annexation of Crimea are not only politically significant, but have a real potential to alter global trading relationships for years to come.

The Michigan Legislature passed long-awaited changes to Michigan’s alcohol laws with overwhelming support on Wednesday, and the bills are expected to be signed by the Governor. These changes will allow Michigan’s already flourishing microbrewing industry to grow even more.

Corporate whistleblower protections provided to employees of publicly traded companies by the Sarbanes-Oxley Act also extend to employees of the companies’ private contractors, the U.S. Supreme Court ruled.

Last fall, the federal Securities Exchange Commission (SEC) issued new rules (Rule) regulating municipal advisors and underwriters, now scheduled to become effective July 1, 2014.

On January 9, 2014 the Municipal Securities Rulemaking Board (MSRB) issued proposed Rule G-42 on the standards of conduct and duties of municipal advisors when engaging in municipal advisory activities other than making solicitations.

Recent changes to the Michigan Election Law will require municipalities and school districts to certify ballot language two weeks earlier than previously required.

The Securities and Exchange Commission is incorporating economic and technology-based data analytics and statistical analyses to support its regulatory functions, SEC Chair Mary Jo White revealed at the 43rd annual “The SEC Speaks” conference in Washington D.C. on February 21 and 22.

Protecting a trademark can often create as many new problems for a brand owner as it solves, if not handled properly. So how do you protect your brand without being branded a trademark bully?

The 2012 law that changed Michigan public school employee pension requirements has been upheld by the Michigan Court of Appeals. The new requirements enacted in PA 300 of 2012 will remain in effect for the foreseeable future.

The National Labor Relations Board has moved quickly to reissue proposed representative election rules identical to the rules the board proposed in 2011.

The 2012 law that changed Michigan public school employee pension requirements has been upheld by the Michigan Court of Appeals.

The deadline to file for Michigan’s new Personal Property Tax Exemption is next Monday, February 10, 2014.

Putting on and taking off protective clothing is considered “changing clothes” under the Fair Labor Standards Act (FLSA), the U.S. Supreme Court ruled on January 27, 2014. The ruling allows employers and unions to exclude time spent on this activity from that which would otherwise be compensable to the employee.

Chinese companies may be able invest up to US $1 billion overseas without approval of the Chinese government unless the investment is in a sensitive country or industry under new rules passed by China’s State Council in December 2013.

Most foreign direct investment projects will be treated the same as their domestic counterparts with regard to governmental approval requirements under new rules passed by China’s State Council. The move substantially relaxes rules on foreign investments in China. The new rules were passed on December 13, 2013, and take immediate effect.

The international nature of information technology has led to the globalization of software. Globalization can have unintended negative consequences on an organization, if a company’s software should find its way to a country, foreign government, or specially designated national subject to U.S. economic sanctions. These unintended negative consequences may arise whether a company’s software is proprietary or developed as a product.

China recently adopted new warranty provisions that apply to cars manufactured or sold within its borders. Find out about the new "repair, replacement and return" warranties what they mean for the auto manufacturers doing business in China.

Michigan residential property owners wanting to transfer the property to a relative without uncapping the value for property tax purposes may soon be in luck. A new exemption takes effect on December 31, 2013 that will allow residential property to be transferred to a person related “by blood or affinity to the first degree.”

Parties engaged in litigation against the State of Michigan in the Court of Claims will do so under new jurisdictional rules that were signed into law on November 12, 2013. The law, PA 164, moves the Court of Claims from the Ingham County Circuit Court to the Court of Appeals, where cases will be assigned to one of four designated judges.

The People’s Republic of China is the United States’ second-largest trading partner and third-largest export market, yet U.S. exports to the country are among the most strictly controlled. Joseph D. Gustavus details the regime that governs trade between the two countries.

On September 29, 2013, China launched its long-awaited Shanghai Free Trade Zone (SFTZ), which is widely viewed as the most significant milestone in the country’s economic reform since the establishment of Shenzhen Economic Special Zone in 1980. The SFTZ is expected to lead the way for broader financial reforms for the whole country. It’s also expected to fiercely compete with Hong Kong as an international trade hub.

Plaintiffs who failed in their state worker’s compensation claim cannot sue their employers and their medical experts under federal civil racketeering laws, the en banc 6th U.S. Circuit Court of Appeals has ruled.

The Illinois Electric Service Customer Choice and Rate Relief Law has generated substantial savings for power customers throughout Illinois and municipalities are increasingly utilizing aggregation programs to secure savings for residents and businesses.

In the normal course of operations between U.S. and foreign affiliates, inter-company communications and data conveyances are frequent and occur both intentionally and inadvertently. The U.S.-foreign affiliation can be in the form of a parent company, on one end, and a wholly-owned subsidiary, joint venture, minority interest or other intercompany affiliation, on the other end.

Provisions in employment agreements that shorten the statute of limitations period for employees to file claims under the Fair Labor Standards Act and Equal Pay Act are invalid.

Illinois non-compete agreements are unenforceable absent consideration (i.e. payment) in addition to the employee’s hiring or retention for continuing employment, under the Appellate Court’s decision in Fifield v. Premier Dealer Services.

If you bring a laptop or smartphone outside of the United States, you need a basic understanding of how international export control laws may apply to your device’s encryption software. Encryption software that is resident on a laptop or a smartphone is subject to export control regulations by the Commerce Department’s Bureau of Industry and Security, which enforces the export administration regulations. This is a separate issue from any technical data that may be resident on a device, which is governed by International Traffic in Arms Regulations.

Can a multistate corporation elect to use the Multistate Tax Compact’s apportionment reporting method in place of the Michigan Business Tax Act’s mandated formula without the Department of Treasury’s permission? The Michigan Supreme Court will decide in its next term.

Title VII retaliation claims must be proven according to traditional “but for” causation principles, and not the less strict “motivating factor” standard applicable to other claims under the Statute, the U.S. Supreme Court ruled on June 24.

Multistate business income may be reported by individuals through either the unitary method or the separate-entity method under the Michigan Supreme Court’s decision in Malpass et al v. Department of Treasury, released June 24, 2013.

The Federal Arbitration Act (“FAA”) does not permit courts to invalidate a contractual waiver of class arbitration where the costs of pursuing an individual federal statutory claim in arbitration would exceed the potential recovery, the U.S. Supreme Court ruled last week in American Exp. Co. v. Italian Colors Restaurant.

Antitrust challenges to so-called “pay-for-delay” settlements in drug patent suits are allowed under the U.S. Supreme Court’s recent decision in Federal Trade Commission v. Actavis, Inc. In a “pay-for-delay” settlement, a pharmaceutical company that produces a brand name drug will pay a generic drug manufacturer to delay release of a generic drug that would compete with the brand name drug.

Although American Express involves a dispute between merchants, the decision has wide application to consumer contracts, employment agreements and other contracts. The ruling continues the Supreme Court’s recent trend of enforcing class action waivers and provides business people with a potential tool to minimize the risk of class action lawsuits. Business people should continue to evaluate existing arbitration agreements to take full advantage of these rulings.

Employers “may be vicariously liable for an employee’s unlawful harassment only where the employer has empowered that employee to take tangible employment actions against the victim …,” the U.S. Supreme Court ruled on June 25, 2013, in Vance v. Ball State University.

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 of 2001, requires each local government to file an annual Qualifying Statement in conjunction with its audit filing. Act 34 provides Treasury with authority to issue bulletins and promulgate rules necessary to carry out the purpose of the Act.

A new Illinois law will close a loophole through which some mortgages could be subject to avoidance in bankruptcy. The loophole, created by U.S. Bankruptcy Court’s (C.D. Illinois) 2012 In re Crane opinion, allowed a bankruptcy trustee to avoid a mortgage under 11 U.S.C. § 544(a)(3) unless it contained, among other provisions: 1) the amount owed, 2) the debt’s maturity date and 3) the underlying interest rate.

Although the FLSA lags in appropriately meeting the realities of today’s workforce and economy, employers looking for proactive approaches to reduce the potential for wage-and-hour lawsuits can find solace in recent federal court decisions, which provide guidance as to steps employers can take.