October 19, 2020
Public Act 228 of 2020 amends the OMA to allow public bodies to conduct electronic "virtual" meetings with remote participation for any reason through the end of 2020, and in 2021 under specific circumstances.
October 15, 2020
In the SBA Procedural Notice dated October 2, 2020, the Small Business Administration has issued mandates that may impact the ability of a recipient of a Paycheck Protection Program (“PPP”) loan to raise capital, to transfer ownership, to sell assets, or to liquidate. While the Approval Notice is strikingly broad in scope, there are ways of reducing, if not eliminating, its effect on these types of transactions.
October 14, 2020
On October 9, 2020, the Director of the Michigan Department of Health and Human Services issued an emergency order reinstating some, but not all, of the restrictions contained in Governor Whitmer's COVID-19 emergency orders that were invalidated by the Michigan Supreme Court. In this alert, we summarize many of the important features of the MDHHS Oct. 9 Order.
October 13, 2020
Before you send any communication via text, or any other app, think twice, proofread twice, take a breath, proofread again, and then ask yourself if this is the best way to communicate. Do not say something in an email or a text that you would not write in a formal letter, as these communications have the same effect as a letter.
October 8, 2020
A new Polish act introduced a number of changes aimed at cutting red tape around construction projects and giving investors greater legal protection.
October 7, 2020
Some lenders prefer to enter into pre-negotiation agreements with their borrowers and guarantors. What are the key components of these agreements, and are they worth the cost?
October 5, 2020
Since March 2020, Michigan Governor Gretchen Whitmer has relied on the Emergency Powers of the Governor Act of 1945 (EPGA) and the Emergency Management Act (EMA) as authorities for her ability to declare and extend the state-of-emergency and state-of-disaster in an effort to curtail the spread of COVID-19. On Oct. 2, 2020, the Michigan Supreme Court held that actions exceeded her emergency authority after April 30, 2020.
October 2, 2020
The decision of the Provincial Administrative Court – although not legally binding – confirms the position presented in our publication dated September 1, 2020 that obtaining a favourable tax interpretation by a taxpayer may significantly facilitate the defence against excessive fiscalism of tax authorities.
October 1, 2020
September 29, 2020
Ultimately, whether and when to send a default and demand letter depends on the loan documents and the circumstances presented.
September 29, 2020
EO 2020-183 permits certain indoor sport venues, theaters, and entertainment facilities to reopen, with capacity limitations, on October 9, 2020. EO 2020-184 replaces EO 2020-175, the most recent Executive Order addressing "Safeguards to Protect Michigan Workers from Covid-19" and updates guidance on workplace safety, recognizing that previously closed businesses are slated to reopen statewide on October 9, 2020.
September 25, 2020
USCIS must receive eligible adjustment of status ("Green Card") applications between Oct. 1, 2020 and Oct. 31, 2020.
Miller Canfield has assembled a PPP Loan Audit Team, which can cover the full range of issues that business and non-profit borrowers, as well as lenders, may encounter.
September 23, 2020
As a result of the finding in Waksdale, most employers will find themselves in need of revising their just cause termination provisions, or removing them altogether.
September 17, 2020
Importers desiring to file for similar relief should do so no later than Friday, September 18, 2020.
September 15, 2020
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.
September 14, 2020
The Court found that the following provisions were invalid: (1) the requirement that there must be work available for an employee to take leave; (2) the definition of a “health care provider” that could be excluded from paid leave; (3) that an employer must consent to intermittent leave; and (4) the rule that certain documentation be provided before taking leave.
September 10, 2020
While some bankruptcy courts are conducting in-person hearings, most are conducting hearings virtually in the ordinary course, and with the same speed as if in-person.
September 9, 2020
The U.S. Court of Appeals for the Ninth Circuit recently held that in-house counsel's legal memos used to prepare an expert witness were partially protected from disclosure as attorney work product.
September 9, 2020
The protections afforded to employers by the deemed emergency leave are to be extended to January 2, 2021.
September 3, 2020
For employers who have employees still on layoff/deemed emergency, they will again have to be mindful of the time limits for a maximum layoff period as well as the risks of a constructive dismissal claim when reducing an employee's hours and/or wages.
September 3, 2020
We discuss the introduction of a 5-year time limit for declaring a building permit or occupancy permit invalid; a simplified legalisation procedure for unauthorised structures; the requirement to obtain a fire protection expert opinion when seeking a change of use; and clarifications as to when a building permit is required, when a notice of construction, and when neither.
September 1, 2020
Employers uncertain about the payroll tax deferral or looking to implement the payroll tax deferral in a manner that should reduce risk are advised to contact the authors of this article or their Miller Canfield attorney.
September 1, 2020
August 28, 2020
With many bankruptcy cases looming on the horizon as a result of the pandemic and the measures taken to contain it, prudent creditors are reacquainting themselves with their rights, including the right of reclamation.
August 28, 2020
The Department of Labor has updated its Family First Coronavirus Response Act: Questions and Answers with new guidance to address the availability of FFCRA leave for employees when children are about to return to school. Michigan's governor also updated the directive protecting workers who need to take time off for self-quarantine.
August 11, 2020
The withholding, deposit, and payment of certain employees' portion of the 6.2% Social Security tax is deferred on all compensation paid from Sept. 1, 2020, through Dec. 31, 2020.
August 7, 2020
Revolutionary changes to Poland’s construction regulations are coming into force. The amendment to the Construction Law that MPs passed is aimed to expedite construction projects, and to make construction-related decisions more stable and predictable.
July 30, 2020
EO 2020-160 reaffirms many of the prior restrictions while tightening some, and permits the opening of casinos and racetracks, effective Aug. 5. EO 2020-161 is an amended version of EO 2020-145 and adds provisions relating to safety protocols for casinos and racetracks upon reopening.
July 29, 2020
The Michigan Court of Appeals has upheld the constitutionality of the statutory deadline—imposed by the Michigan Election Law—requiring that absentee voter ("AV") ballots be received by 8 p.m. on Election Day to be validly counted.
July 28, 2020
These cases expand the SBRA to more debtors. Miller Canfield has presented to financial institutions on the SBRA and would be pleased to discuss the SBRA further with your organization.
July 27, 2020
The implications of this decision are significant because it impacts many of the thousands of foreclosure sales which occur each year in Michigan's 83 counties.
July 17, 2020
In the second quarter of 2020, the Supreme Court decided five intellectual property focused cases in which it resolved a longstanding circuit split in Romag Fasteners and opened the door to the trademark registration of "generic.com" domain names in Booking.com.
July 17, 2020
In practical terms, this judgment requires all U.S. entities to reevaluate the mechanisms they have employed to transfer personal data from the EU to the U.S. Moreover, U.S. entities that were utilizing the Privacy Shield Framework must be aware that, as of July 16, 2020, any transfer based thereon will no longer be compliant or legal.
July 16, 2020
Parties to arbitrations seated outside the United States who wish to make use of § 1782 will need to avoid courts in the Second and Fifth Circuits and instead attempt to seek evidence from non-parties in the Fourth or Sixth Circuits.
July 15, 2020
The United States Circuit Court for the Second Circuit recently affirmed that arbitrators have the authority to issue subpoenas to non-parties and that US federal courts have the power to enforce them.
July 15, 2020
On July 14, 2020, in response to a lawsuit filed by Harvard University and Massachusetts Institute of Technology, U.S. Immigration and Customs Enforcement (ICE) has agreed to rescind a policy that would have barred international students taking online-only courses from staying in the U.S. in the fall 2020 semester.
July 14, 2020
Calculation of the federal income tax credit for increasing research activities may require a taxpayer claiming the credit to prove the nature and cost of "base period" research projects conducted decades ago.
July 13, 2020
Some considerations for franchisees operating in Ontario during the global pandemic.
July 13, 2020
As a consequence of this decision, U.S. and foreign companies entering into international contracts are well-advised to consider, at the time of contracting, whether they wish to arbitrate future disputes with nonparties to the contract.
July 9, 2020
The Court's decision buttresses the broad protection afforded to religious institutions against employment discrimination claims. As the dissent suggested, this decision might be extended to non-teacher employees of religious institutions. However, not all employees of religious institutions will automatically fall within the ministerial exception.
July 3, 2020
A new Polish amendment introduces a number of changes designed to expedite construction projects, simplify things for surveyors, make some geodetic data widely and freely accessible, improve the operation of the land and buildings register, or ensure better funding for geodesy at district level.
June 25, 2020
Even in courts where the SBA may be enjoined from barring bankrupt debtors from obtaining PPP loans, these injunctions do not necessarily translate into affirmative commands to lenders that they must make PPP loans to bankrupt debtors.
June 23, 2020
The order does not apply to foreign nationals already in the United States, or to foreign nationals who already hold a nonimmigrant visa valid as of June 24, 2020, or to asylum seekers.
June 22, 2020
We have prepared this guide to provide a short summary of the current campaign finance laws applicable to public school ballot proposals as well as answers to commonly asked questions.
June 20, 2020
The ruling may pave the way for courts to find a partial trigger of a force-majeure provision when COVID-19 government orders merely hobble—but don’t totally destroy—a tenant’s ability to perform under the contract.
June 15, 2020
Employers should check their policies to make sure they now include prohibitions against discrimination and harassment on the basis of sexual orientation and gender identity, and should train their employees accordingly.
June 15, 2020
Subject to existing requirements as to the keeping of minutes, any open or closed meeting of the members of a public body can be held by audio or visual conference without the physical presence of a quorum of members under certain conditions.
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. We have created and will regularly update a chart that shows the status of various countries' PTOs.
June 5, 2020
The order applies to graduate-level and higher students and researchers from the People's Republic of China ("PRC") (mainland China, not including Hong Kong, Macau, and Taiwan) applying for F or J visas or seeking entry into the United States.
June 4, 2020
As stay-home restrictions are lifted, many states and local governments are permitting businesses to open only if they are able to screen workers for symptoms of the coronavirus. Employers are put in a position to juggle work logistics, cleaning and sanitation, as well as the practicalities of health screening. A few of their most frequently asked questions are answered here.
June 4, 2020
Premium processing service provides expedited processing for Form I-129, Petition for Nonimmigrant Worker (for H, L, O, P, Q, R, and TN classifications) and Form I-140, Immigrant Petition for Alien Worker (excluding the EB-1 category for multinational executives and managers, and the EB-2 category seeking a National Interest Waiver).
June 2, 2020
On June 4, retail stores, outdoor public swimming pools, and children's day camps may open, subject to certain capacity and safety protocols being in effect. On June 8, restaurants, bars, libraries, and museums may open to the public, again with certain safety protocols, including limited capacity. Also, so long as social distancing can be accomplished, outdoor social gatherings and events of up to 100 people are now permitted.
June 1, 2020
Layoffs that have occurred during the COVID-19 pandemic will be deemed to be job protected leaves. In addition, the Regulation declares that reductions in wages and hours during the pandemic are not to be a constructive dismissal in certain circumstances.
May 28, 2020
The Government of Canada has announced various changes to the programs that it has put in place to support businesses during the COVID-19 pandemic. This brief article provides an overview of these changes and proposals.
May 27, 2020
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 decisions.
May 22, 2020
Retailers and motor vehicle dealerships throughout the lower peninsula are permitted to see customers by appointment beginning on May 26, 2020.
May 21, 2020
We are providing the following Q&As to assist in determining whether a 2019 BE-10 Benchmark Survey is required and when.
May 20, 2020
The Qatar Supreme Committee for Crisis Management, in its coordinating role, has initiated legislative and regulatory actions to safeguard Qatari citizens, residents, and visitors from harm. As of May 20, 2020, these measures are in effect.
May 20, 2020
Executive Order 2020-87 extends the deadline for filing commercial and industrial property tax assessment appeals in the Michigan Tax Tribunal from May 31, 2020, to July 31, 2020. A prior board of review protest is not required for commercial and industrial appeals.
May 19, 2020
The Internal Revenue Service (“IRS”) has issued two important notices allowing employer-plan sponsors to amend their §125 cafeteria plans to provide employees with increased flexibility for elected benefits and account balances.
May 19, 2020
Michigan Governor Gretchen Whitmer signed executive orders 2020-91 and 2020-92, revising the state's Stay Home, Stay Safe Order and advancing the process to resume in-person work and activities that were temporarily suspended under the previous orders. EO 2020-91 requires a number of safeguards that employers must follow for all businesses and operations that are permitted to require their employees to leave their homes for work.
May 13, 2020
As Michigan school districts navigate their 2020-2021 budgets, with looming cuts to school aid and other consequences of the COVID-19 pandemic, we want to remind you of the available operating cash-flow borrowing options. Although the cash-flow borrowing option is a short-term tool it can be used in conjunction with other measures to help school districts weather the coming financial storm.
May 13, 2020
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 across the globe. Fighting these infringers has never been easy, but the problem has been exacerbated by the pandemic, which has caused significant delays at the courthouse.
May 11, 2020
Introducing the IP Litigation Quarterly Update, a quarterly newsletter summarizing noteworthy and interesting opinions related to intellectual property law.
In this first edition covering the first quarter of 2020, the Supreme Court decided whether Congress had the authority to revoke state immunity from copyright infringement and declined to revisit what constitutes patentable subject matter under 35 U.S.C. § 101 and its Alice decision. The Federal Circuit discussed permissible considerations in obviousness determinations, took an in-depth look at inequitable conduct during patent prosecution, debated deference to opinions of the Precedential Opinion Panel at the Patent Trial and Appeal Board, and more.
May 8, 2020
Final Rule Includes Significant Changes to Grievance Procedures and Requires Live Hearings in all Formal Complaints of Sexual Harassment at Post-Secondary Institutions
The United States Department of Education’s Office for Civil Rights (OCR) released a final rule implementing Title IX of the Education Amendments of 1972 (“Title IX”). The final rule was released on May 6 and takes effect August 14, 2020.
May 8, 2020
On May 7, 2020, Michigan Gov. Gretchen Whitmer opened up manufacturing in Michigan as a part of an overall extension of the state's Stay Home, Stay Safe orders. With the new executive order, manufacturing will re-open on May 11, 2020, but the Stay Home, Stay Safe requirement will extend until May 28, 2020.
May 7, 2020
Choosing the right restructuring procedure depends on the situation of the company and its needs. Further actions – preparation of the restructuring plan, choosing the right restructuring procedure – will certainly require legal advice. Having many years of experience in the field of restructuring and bankruptcy proceedings, we remain at your disposal in case of any further questions.
May 6, 2020
This Alert focuses on the disclosure and regulatory guidance offered by the SEC and FINRA as it pertains to SEC-regulated investment advisers and FINRA-regulated registered persons, followed by a summary of guidance from the enforcement arms of the SEC and FINRA as it pertains to protecting investors during the uncertain market events created by the pandemic.
May 6, 2020
The Order encourages public bodies holding meetings electronically to effectuate as fully as possible the purposes of the Open Meetings Act, which include promoting government accountability and fostering openness in government to enhance responsible decision-making.
May 6, 2020
Effective May 1, 2020, identity documents found in List B which expired on or after March 1, 2020, and have not otherwise been automatically extended by the issuing authority due to COVID-19, may be treated by the employer as if the employee presented a valid receipt of an acceptable document for Form I-9 purposes.
May 4, 2020
With federal and state governments’ contemplation of plans to reopen the economy, employers should begin considering necessary and recommended steps to bring employees back to the workplace, and legal issues raised by doing so.
May 2, 2020
Michigan Gov. Gretchen Whitmer signed an executive order making residential and commercial construction among the first sectors of the economy to reopen as the state gradually lifts its stay-at-home orders.
May 1, 2020
The purpose of the Main Street Lending Program is to support lending to small and medium-sized businesses that were in sound financial condition before the onset of the coronavirus.
April 30, 2020
The government’s guidance provides many nuances related to the extended timeframes and relaxed requirements for employee benefit plans.
April 27, 2020
Emergency rent protocols, plans to provide a “temporary pandemic payment” in the form of an additional $4.00 per hour raise for certain front-line workers, and additional interactive public information tools.
April 24, 2020
Since many authorized entities that collect personal information are governmental entities, it remains to be seen how these laws and regulations apply to unauthorized entities collecting personal information, authorized entities’ unauthorized use of the rightfully collected information, or authorized entities that exceed their authorities to engage in excessive collection of personal information.
April 24, 2020
As in-person meetings are now prohibited, the Order allows for an alternative virtual platform to comply with the legally mandated requirements of valid execution.
April 24, 2020
This E-Alert summarizes current guidance on the loan forgiveness provisions and raises some of the ambiguities and open issues that need further clarification. The SBA is expected to issue additional guidance on or before April 26, 2020.
April 24, 2020
Michigan Governor Gretchen Whitmer signed Executive Order 2020-59, extending the duration of Michigan’s stay-at-home requirements from April 30, 2020, to May 15, 2020.
April 24, 2020
Individuals can qualify for Michigan unemployment benefits if they leave work, are laid-off, or are placed on a temporary unpaid leave for reasons related to COVID-19.
April 23, 2020
Real property transactions (purchases, leases and foreclosures) need not be put on hold due to uncertainty surrounding the ability to obtain available environmental liability protections.
April 23, 2020
On April 23, 2020, Congress passed the “Paycheck Protection Program and Health Care Enhancement Act” (Act) to increase funding for paycheck protection program loans (PPP Loans), economic injury disaster loans (EIDLs) and EIDL emergency grants under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and to provide $75 billion in funding for hospital and other eligible health care providers and $25 billion for COVID-19 testing.
April 23, 2020
President Trump signed an executive order restricting certain categories of immigrants from entering the United States. This order is effective at 11:59 p.m. EDT on April 23, 2020, and will last for 60 days, at which point it may be modified or even continued as necessary.
April 20, 2020
The patent law provides two primary types of infringement damages: lost profits and reasonable royalties. To recover lost profits, a patent owner must prove that the infringer displaced sales that, but for the infringement, the patent owner likely would have made.
April 20, 2020
Under the Federal Contractor Authority, government funds may be used to modify the terms and conditions of a defense contract to reimburse a defense contractor for paid leave provided to keep employees or DoD subcontractors in a “ready state.”
April 20, 2020
The support will be available to medium-sized businesses with larger financing needs, beginning with companies in Canada's energy sector, to help them maintain operations and keep their employees on the job.
April 19, 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 Lending Program” that will provide credit to eligible businesses with up to 10,000 employees or up to $2.5 billion in annual revenues through the purchase of up to $600 billion in loans.
Miller Canfield provides the resources, legal and business advice to help clients respond to the COVID-19 pandemic, and plan to recover strong.
April 17, 2020
The U.S. Small Business Administration (SBA) clarified the treatment of companies treated as partnerships for income tax purposes, and partners and sole proprietors/independent contractors for Paycheck Protection Program (PPP) loan purposes in its second interim final rule.
April 16, 2020
The extension of the deadlines will give tax exempt organizations more time to focus on their missions during this time of crisis. The IRS’ action will also give tax exempt organizations more time to collect needed information and work with accountants (if necessary) to prepare and file these forms.
April 16, 2020
The postponement of payment obligations and filing deadlines to July 15, 2020, applies to personal income tax returns, corporate income tax returns, returns of partnership income, estate and trust income tax returns, estimated taxes, estate tax returns, gift tax returns, exempt organization returns, and many other specified filing due date and payment obligations.
April 15, 2020
New DDA/TIF reporting and public informational meeting
requirements pursuant to the Recodified Tax Increment Financing Act, effective January 1, 2019.
April 15, 2020
Michigan Treasury issued a notice on April 14, 2020, advising most Michigan businesses that their sales, use and withholding tax returns and payments which were due on April 20, 2020, will not be assessed interest or penalty if filed one month later, on May 20, 2020.
April 14, 2020
Taxpayers who have recently sold real property or intend to sell real property in the near future may have additional time to identify and acquire suitable replacement property to complete their Section 1031 like-kind exchanges. Similarly, taxpayers also have more time to reinvest proceeds from recently sold property into Qualified Opportunity Zone Funds.
April 13, 2020
The COVID-19 pandemic has led many companies to marshal their resources to produce products such as coronavirus test kits, pharmaceutical treatments, vaccines, ventilators, and personal protective equipment. This e-alert addresses the concern that these “good Samaritan” companies may be exposed to patent infringement liability, and discusses some unique defenses that they may ultimately be able to rely upon.
April 10, 2020
U.S. Government Financing Available to U.S. Subsidiaries of Foreign Investors (Polish version)
April 9, 2020
A business generally is eligible for a PPP loan if it, combined with its foreign and domestic affiliates, has "500 or fewer employees whose principal place of residence is in the United States." Such guidance suggests that the foreign employees of an applicant and its affiliates do not need to be included in the employee count.
April 8, 2020
Environmental compliance obligations (e.g. emission and discharge limitations, testing and sampling requirements, and monitoring and reporting obligations) continue to apply even when operations have been shuttered or severely curtailed.