February 17, 2021
This alert addresses recent developments relating to former President Trump's executive orders on Chinese Military Companies that affect both investors in covered securities and exporters.
February 9, 2021
This reform is of keen interest not only to Polish startups, venture capital funds and foreign investors, but also to more established companies considering operations in Poland.
February 9, 2021
Suppliers are well advised to consider reviewing and redrafting their supply agreements to avoid leaving tax credits on the table.
February 5, 2021
As of 1 January 2021, all construction projects undertaken in Poland have to
comply with new energy performance standards for buildings, known as "Standard
WT 2021." Standard WT 2021 toughens up the requirements in this respect. The new
rules are laid down in §328 and §329 of the "Regulation of the Infrastructure Minister
of 12 April 2002 on technical conditions for buildings and their location."
January 21, 2021
Employers are encouraged to review their applications, handbooks, and other employment contracts to determine whether they include limitations periods shorter than 180 days (or 300 days in deferral jurisdiction like Michigan) for claims under Title VII, the ADA, or the ADEA, as such contractual limitations will no longer be enforceable with regards to those specific claims, at least in Michigan, Ohio, Kentucky and Tennessee.
January 20, 2021
January 15, 2021
Debtors should avoid trying to "game" the system, as the SBA is vigilantly pursuing debtors who have done so, with over 65 criminal investigations currently pending.
January 15, 2021
The intent behind the Statement is to offer defense and security companies engaged in significant projects in Qatar the incentive to use the QFC as their platform.
January 13, 2021
Effective January 14, 2021, the Ontario Government is issuing a stay-at-home order that will require everyone to remain at home with minimal exceptions, such as going to the grocery store or accessing health care services. As part of the stay-at-home order, those responsible for a business or organization that remains open will be required to ensure that their employees, with limited exceptions, conduct their work remotely.
January 12, 2021
In affirming, the Third Circuit held that if a document makes its way into the clerk's file, then it is subject to the presumption of common-law right of access.
January 11, 2021
Certain foreign-owned or controlled U.S. businesses are eligible to apply for potentially forgivable loans under the second round of the Paycheck Protection Program ("PPP") included in the recently enacted Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (P.L. 116-260). Applications can be submitted until March 31, 2020.
January 11, 2021
Following the latest amendment to the Construction Law, which came into effect on 19 September 2020, the maximum time in which authorities may declare a building permit or occupancy permit null and void has been reduced to 5 years.
January 7, 2021
On October 22, 2020, Governor Whitmer passed Public Act ("PA") 238 of 2020, outlining COVID-19 isolation/quarantine periods and prohibiting employers from taking certain actions against employees who do not report to work during those periods, as well as those who oppose violations of the act or report health violations related to COVID-19. On December 30, 2020, PA 339 of 2020 was enacted to amend sections 1, 5, and 12 of PA 238, and to add a new section 13.
January 5, 2021
The Final Rule codifies previous guidance that employers are permitted to take a tip credit for any amount of time an employee in a tip-earning occupation performs work that will not earn tips, so long as that work is performed simultaneously with or within a reasonable time before or after the tipped duty.
December 30, 2020
The Act amends the Sarbanes-Oxley Act of 2002 and requires the SEC to identify reporting public companies using registered public accounting firms located in a foreign country that prevents the Public Company Accounting Oversight Board (PCAOB) from auditing the accounting firm and to prohibit trading of securities of such public companies in U.S. markets after three consecutive non-inspection years. The Act also imposes additional public disclosure obligations on foreign issuers subject to the Act.
December 29, 2020
Act 254 also adds COVID-related safety procedures for public meetings held in-person before April 1, 2021 (assuming such in-person meetings are permitted under Michigan Department of Health and Human Services orders).
December 28, 2020
The MEU Rule still requires comprehensive due diligence to determine whether a China, Russia or Venezuela business entity is a military end user prior to the export, reexport or transfer (in-country) of any item subject to the EAR and listed in Supplement No. 2.
December 23, 2020
The Fifth Circuit held that a Texas bankruptcy court had exceeded its authority when it ordered the SBA Administrator to make a Paycheck Protection Program (PPP) loan available to a debtor in bankruptcy. We added at the time that "whether other circuits follow the Fifth's lead remains to be seen." Now, the Eleventh Circuit has agreed with the Fifth, issuing a comprehensive opinion to explain its reasoning.
December 23, 2020
December 21, 2020
The Michigan Senate passed bills designed to allow college athletes to receive compensation for the use of their names, images, or likeness rights.
December 17, 2020
The Occupational Safety and Health Act (OSHA) commands employers to ensure that the workplace is "free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees." This "general duty clause" may impose a duty on employers to take steps to prevent employees from contracting or spreading COVID-19 in the workplace.
December 16, 2020
The amendments are designed to increase the efficiency, flexibility, and transparency of ICC arbitrations, while largely maintaining the core provisions that have made the ICC one of the most popular international arbitration institutions in the world. As a result, ICC arbitration may be an attractive option for parties who may have previously viewed ICC proceedings as too slow and expensive.
December 8, 2020
This new order effectively extends the gathering restrictions, the face mask mandate, and the contact tracing requirements in MDHHS' November 18 Order (scheduled to expire December 8) to December 20.
December 5, 2020
Employers may consider filing new Prevailing Wage Determinations (PWDs) for determinations issued between October 8, 2020, and December 1, 2020, as it is not certain that DOL will affirmatively go back and reissue these determinations based on the old wage data prior to the DOL rule.
December 4, 2020
Limited partnerships in Poland will be treated as corporations for income tax purposes – i.e., will be
required to pay the corporate income tax – leading to double taxation. Unfortunately, this is not the only way in which the tax burden on business will increase in 2021.
December 4, 2020
In a relatively quiet third quarter of 2020, the Federal Circuit decided issues on joinder, estoppel, claim preclusion, and importantly, upheld the Patent Trial and Appeal Board process finding that cancellation of patent claims is not a taking under the Fifth Amendment. The Supreme Court did not issue any intellectual property-related decisions and declined to grant certiorari on several new patent cases.
November 23, 2020
To the extent that a borrower has a reasonable expectation of the amount of the loan forgiveness that will be received eventually, the borrower cannot deduct that amount of expenses paid with the PPP loan proceeds.
November 19, 2020
The Government of Ontario is encouraging all employers to develop and implement a COVID-19 Safety Plan as part of their obligation to comply with the Occupational Health and Safety Act.
November 19, 2020
On October 31, 2020, the regulations which are the basis for creating and updating spatial information sets, including spatial data created for spatial development acts (especially local spatial development plans) entered into force.
November 18, 2020
The CPRA imposes new obligations relating to any personal information a business collects on or after January 1, 2022, including expanding the opt-out right to "sharing data," granting right to correct inaccurate information, or introducing data mineralization and purpose limitation obligation.
November 17, 2020
The Order prohibits "transactions" in publicly traded securities and "securities that are derivative of, or designed to provide investment exposure to such securities." These may include investments in mutual funds, exchange traded funds and other investment vehicles which directly or indirectly are invested in the listed companies.
November 16, 2020
In light of the recent surge of COVID-19 cases in Michigan, governmental agencies in charge of workplace safety and public health have issued several directives and guidance to employers and businesses in the hope of curtailing the spread of the virus.
November 9, 2020
The Ontario Court of Appeal has clarified that an employee’s past service with their former employer does not automatically transfer to a successor employer for the purposes of calculating their common law reasonable notice entitlements.
November 2, 2020
The Oct. 29 Order further defines requirements for face masks, reduces the maximum capacity limit for indoor non-residential venues without fixed seating to 50 persons, adds table seating limitations and distancing requirements for non-residential gatherings, expands mandatory contact tracing requirements, deletes certain workplace protections and posting requirements, and treats Region 6 the same as the rest of the Michigan.
October 30, 2020
A recent case demonstrates the importance of reviewing bankruptcy schedules carefully and in advance of the expiration of the time to object to claimed exemptions in a bankruptcy proceeding.
October 28, 2020
When a loan becomes distressed, it is essential for the secured lender to conduct a file review to determine if there are any deficiencies that need to be addressed. If deficiencies are not addressed, the lender’s collateral position might be jeopardized, and the lender may well encounter obstacles enforcing the loan.
October 23, 2020
Michigan Governor Gretchen Whitmer signed into law several bills on October 22, 2020, including those providing a liability shield to individuals and entities that comply with COVID-19-related government directives and offering protections for certain employees who are required to stay off work because they contract, exhibit symptoms of, or are exposed to COVID-19.
October 20, 2020
Many complications and impediments to your business have arisen in today's environment. However, the SEC remains vigilant and is auditing RIA Firms.
October 20, 2020
An amendment effective October 15, 2020, makes the Uniform Commercial Real Estate Receivership Act applicable generally to commercial and industrial loans that have no real estate collateral. This article summarizes some of the changes and the interplay between receivership and bankruptcy.
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.
