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.

For the most part, employee use of social media has not required a fundamental rewriting of federal and state labor and employment laws. But a few well-reported incidents in the past couple of years garnered significant attention from the media, privacy advocates, and state and federal legislators.

The Family and Medical Leave Act (FMLA) regulations issued by the Department of Labor (DOL) in 2009 addressed the new military leave requirements established in the National Defense Authorization Act for Fiscal Year 2008 (FY 2008 NDAA). Earlier this year, the DOL issued its final regulations (Final Rule) and an updated poster for covered employees.

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.

The first significant reforms to the U.S. export control regulations in International Traffic in Arms Regulations (ITAR) and U.S. Export Administration Regulations (EAR) are about to take effect.

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.

Preparing a trademark application to the United States Patent and Trademark Office? A recent study shows that hiring an experienced trademark attorney to guide you through the process can give you a much better chance of filing a successful application.

The National Labor Relations Board (NLRB) requirement that private employers post a notice informing employees of their rights under the National Labor Relations Act (NLRA) has been invalidated by the District of Columbia Court of Appeals. In National Association of Manufacturers v. NLRB, the Court said the Board’s August 2011 ruling violated employers’ free speech rights under federal labor laws.

The U.S. Citizenship & Immigration Service (USCIS) released a new version of the Form I-9, Employment Eligibility Verification. Starting Tuesday, May 7, 2013, the previous version will no longer be accepted and all employers should be using the newest version of the form.

An employee’s motivation for making a whistleblower claim is not relevant to his lawsuit under the Whistleblower Protection Act (WPA), the Michigan Supreme Court ruled in Whitman v. City of Burton on May 1. As a result, employers can no longer have a reasonable expectation of winning a WPA lawsuit simply because the employee’s whistleblower complaints may have been motivated by personal gain.

Whether by electronic download or through the physical transfer via CD-ROM or flash drive, the release of software may require an export control license from the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) under the Export Administration Regulations (the “EAR”). Both delivery methods can qualify as an export under the EAR.

The latest developments for companies doing business in Poland, including: Poland and U.S. Sign Convention for the Avoidance of Double Taxation; New Law Against Late Payment in Commercial Transactions; Facilitations for Undertakings Relying on Assets Leasing; Perpetual Usufructuary May be Fined For Failure to Meet Development Deadlines; and more.

The Securities and Exchange Commission (“SEC”) has taken a new position that publicly traded companies may use social media to communicate information to investors, so long as investors are first advised of the communication channels and the communications still comply with Regulation FD.

The Committee on Foreign Investment in the United States (CFIUS) publicly released an unclassified version of its Annual Report To Congress for the calendar year 2011 (Report) in December 2012. While the Report does not disclose detailed information about specific transactions, it nevertheless provides valuable information, especially for foreign companies considering acquisitions in the U.S., as to structuring transactions when involving CFIUS clearance.

In a landmark judgment, the Supreme Court of India dismissed an appeal by Novartis AG, a Swiss pharmaceutical giant, to win patent protection in India for its cancer drug, Glivec. The polarizing decision has been hailed by activists as a step in the right direction for affordable healthcare, and as being detrimental to innovation and investment by the international business community.

A recent Sixth U.S Circuit Court of Appeals decision stands as a reminder that school districts must tread carefully when searching a student’s mobile device.

As we alerted you in December, effective today, all agreements, contracts, understandings or practices that take effect, are extended or renewed are subject to Michigan’s Right-To-Work laws, Public Acts 348 (private sector) and 349 (public sector).

A party challenging a state agency’s decision to issue a permit for a project may be allowed a second appeal of right, the Michigan Court of Appeals said in Natural Resources Defense Council v Department of Environmental Quality, issued March 21, 2013. The decision may set precedent for many types of state permitting appeals.

A recent U.S. District Court decision illustrates that, when electronic data under a preservation obligation is accidentally lost, a party may still face serious spoliation sanctions if it does not make a reasonable attempt to recover the data.

A federal judge in New York has allowed a plaintiff to serve an unresponsive international defendant with motions and other court filings over email and Facebook. The decision is good news for plaintiffs in cases where defendants with email and social media accounts have avoided traditional service of process.

On Friday, March 8, 2013, the US Citizenship & Immigration Service (USCIS) released a new version of Form I-9, Employment Eligibility Verification. Employers should begin using the new form now; however, the previously accepted versions may be used until May 7, 2013.

The Family Medical Leave Act (FMLA) regulations issued by the Department of Labor (DOL) in 2009 addressed the new military leave requirements established in the National Defense Authorization Act for Fiscal Year 2009 (FY 2009 NDAA).

School districts that have issued certain direct pay bonds are expected to see a reduction in refundable credits as long as the sequestration remains in effect. But exactly how much the credits will be reduced won’t be known until the sequestration ends.

The Department of Justice's Antitrust Division warns that its wide-ranging probe into price fixing in the automotive industry is broader than previously announced.

Securities practitioners should have a working understanding of the SEC cooperation tools as well as the Department of Justice's cooperation tools that are incorporated by reference into the SEC Cooperation Initiative. Miller Canfield lawyer Matt Allen broke down some of the Initiative's salient portions and issues that may arise as its implementation continues.

A recent Obama Administration report clear the importance for businesses to be aware of and understand the international threats to their intellectual property, the sources of such threats, and federal means to protect trade secrets.

SEC commissioners called for a more regulations and oversight to protect investors from fraud and other dangers, reports Miller Canfield securities compliance and enforcement lawyer Matt Allen.

SEC commissioners called for more regulations and oversight to protect investors from fraud and other dangers, Miller Canfield lawyer Matt Allen reported from the annual “The SEC Speaks” conference held February 22 and 23 in Washington, D.C.