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Achieved summary judgment in favor of employees who joined a competitor of former employee
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Advised clients on strategies for addressing Code Section 409A specified employee status for international employees
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Advised employers regarding maintenance of employer/employee relationship when foreign national is placed offsite
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Advised large manufacturing clients regarding Code Section 409A compliance for executive supplemental deferred compensation plans, deferred compensation plans and in-kind benefit programs
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Advised manufacturing client on fiduciary duty implications and best practices of allocating expenses among multiple qualified retirement plans
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Advised manufacturing clients on ability to modify or terminate retiree health care benefits for union and non-union employees
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Advised on large multistate welfare plan’s contracts for administering and/or insuring medical, prescription drug, life, long-term disability, short-term disability, flexible spending accounts, and employee assistance program
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Advised publicly traded auction house on addition of restricted stock units to existing equity compensation plan to minimize accelerated FICA tax implications for retirement age participants
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Advised tier one automotive supplier with documents and legal implications of merging multiple nonqualified deferred compensation plans with rabbi trusts into single national plan with single rabbi trust
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Analyzed effect of corporate changes, including mergers and acquisitions, on foreign national’s immigration status.
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Analyzed eligibility for naturalization through parents or grandparents and prepare necessary documentation
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Assisted clients with correction methods for failing to properly withhold FICA taxes for nonqualified deferred compensation programs
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Assisted employers in obtaining appropriate nonimmigrant classification (TN, H-1B, H-3, L-1A, L-1B, O-1, E-1/E-2, P) and immigrant classification (EB-1, EB-2, EB-3 and EB-5).
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Assisted family members in obtaining appropriate fiancé or family based nonimmigrant classification for eligible family members
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Assisted large manufacturing company in responding to Pension Protection Act funding limitations on plan distributions and benefit accruals, including union implications
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Assisted tier one automotive supplier in structuring plant closing benefits for union employees; analyzed legal issues on providing pension accruals post-plant closing and advice on benefit funding, vesting and reporting and disclosure obligations
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Assisted with preservation of residency for naturalization purposes for individuals transferred overseas
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Assisted with termination, assignment and transition of employee benefits programs in stock sale of information technology-based subsidiary of public company, including assigning certain plans to parent and transitioning other programs to buyer.
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Butzel Long shareholder is an Honorary Consul to the UK
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Conducted in-house training on I-9 form compliance and retention, including electronic completion and storage of I-9 forms
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Conducted in-house training regarding preparing and maintaining H-1B public access files and Labor Certification Applications
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Conducted internal audits of I-9 forms for clients
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Consulted specialty physician group regarding coordination of supplemental retirement benefits and buy-out benefits
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Consulted with clients regarding special permanent resident card interviews
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Coordinated the establishment of foreign corporate entities and assistance with multi jurisdictional tax issues
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Defended against claim by a Professor against university and his department chair for alleged theft of intellectual property; summary disposition granted in favor of university; affirmed by Michigan Court of Appeals
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Designed health risk assessment program that complies with ERISA, HIPAA, ADA, and GINA , integrated with employers wellness programs and incentives and determined if eligibility to participate in health plan could be contingent on completing HRA
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Designed nonqualified Section 457(f) deferred compensation programs for executive officers of Credit Union and advised regarding insurance funding options
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Epoch Tristar v. Bixby. Defended former employee in lawsuit initiated by former employer alleging violations of a covenant not to compete and related claims. Successfully pursued counterclaim and negotiated settlement.
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Established fiduciary compliance program for qualified retirement plans with 9,000 participants/$600 million in assets; drafted documents on committee members, authority, responsibility and rules and policies for paying expenses from plan assets
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Evaluated retention of dual citizenship for U.S. and other countries such as Germany, Italy, Australia, Canada, etc.
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In case of first impression, obtained summary judgment in favor of cargo airline carrier of claim for retaliatory discharge in violation of the Railway Labor Act, based on statute of limitations.
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Jury trial verdict in favor of major University in gender discrimination case. Affirmed by Michigan Court of Appeals.
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Managed multi-country projects and obtained work authorizations in multiple jurisdictions for individuals of various nationalities.
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Negotiated and prepared documents in asset purchase by consumer packaged goods company for transition of health benefits; analyzed avoidance of multiemployer withdrawal liability and new retirement programs for union and non-union employees
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Negotiated complex administrative service and outsourcing agreement for group of large related 401(k) plans
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Negotiated with the IRS to allow retroactive amendment to pension plan eligibility language for large manufacturing company to exclude large group of employees not intended to benefit, preventing multi-million dollar liability
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Obtained a no cause jury verdict for a McDonald's franchisee in a religious discrimination case.
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Obtained approval of Immigration Petition for Alien of Extraordinary Ability for various professionals including engineers, scientists, corporate executives, professional athletes, entertainers, coaches, and trainers.
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Obtained directed verdict at trial on behalf of defended corporation in employment whistleblower action.
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Obtained favorable case evaluation settlement on behalf automotive supplier in employment whistleblower action.
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Obtained permanent resident status pursuant to registry provisions based on residence in U.S. since January 1972
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Obtained re-entry permit to maintain permanent residency for individuals transferred overseas
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Obtained re-entry permits to maintain permanent residence status in the United States for individuals transferred abroad
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Obtained removal of conditions on permanent residency
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Obtained summary disposition in favor of major University on claims for gender discrimination and retaliation.
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Obtained summary disposition in favor of major University on claims for sexual harassment and breach of employment contract, affirmed, Michigan Court of Appeals.
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Obtained summary disposition in favor of national media client on claims for gender discrimination, retaliation and violation of Sales Representative Commission Act.
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Obtained summary disposition in favor of national retailer on claims for race discrimination, intentional infliction of emotional distress and negligence.
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Obtained summary judgment on behalf of retailer clothing chain in employment wrongful discrimination action.
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Obtained waivers of inadmissibility including waivers for entry into Canada for individuals who have DUIs/DWIs
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Omega Productive Services v. Mack. Represented employer in successfully obtaining injunction and then negotiating settlement of covenant not to compete suit against former employees and new employer.
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Preparation of J-1 Exchange Visitor and H-3 Trainee applications and petitions for employees of foreign companies with U.S. facilities
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Prepared HIPAA Privacy and Security policies and procedures for client group health plans, including administrative forms, business associate agreements and plans sponsor certifications; updated documents and procedures to comply with HITECH
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Prepared incentive compensation plan for foreign subsidiaries of public energy and defense firm.
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Prepared J-1 waivers of 2 year foreign residency requirement based on no-objection letters, interested government agencies, hardship and other grounds
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Prepared plan documents and coordinated compliance efforts in connection with merger of four defined benefit pension plans into employer’s consolidated national pension plan
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Prepared RFP for investment consultant search for 9 qualified retirement plans sponsored by major tier one auto supplier with over $600 million in assets; participated in interview and selection process and negotiated investment consultant contract
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Prepared timelines and provided compliance guidance and required documents for merger of several retirement plans, to achieve cost savings
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Provided employee benefits due diligence expertise and reviewed warranties and representations in connection with a private equity investor’s purchase of a major OEM's glass manufacturing operations in North America
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Provided preventative counseling on Department of Homeland Security and Department of Labor investigations and employer sanctions.
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Provided strategic advice and analysis for publicly traded Fortune 500 company on approach to managing multiemployer pension funds in endangered or critical status and withdrawal liability risks for more than 100 multiemployer pension funds
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Red Group v. Gattari. Successfully defended former employee in two lawsuits initiated by former employer alleging violations of a covenant not to compete and related claims.
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Represent numerous institutions of higher learning in labor and employment matters, including negotiating collective bargaining agreements, including first contracts, employment litigation and grievance arbitration proceedings.
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Represent private corporations of all sizes throughout the United States in traditional labor matters including union organizing campaigns, contract negotiations, labor arbitrations and proceedings before the National Labor Relations Board.
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Represent public sector employers in Act 312 arbitrations, collective bargaining, and employment litigation.
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Represented clients at Port of Entry to process admission to US under NAFTA
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Represented clients in complex naturalization matters including restoration of U.S. citizenship, appeals for denied naturalization applications, and evaluate strategies for overcoming grounds of ineligibility.
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Represented clients in obtaining visas at various US Embassies and Consulates abroad
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Represented clients seeking LPR status based on Cuban Adjustment Act
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Represented clients with applications of waiver of inadmissibility due to past legal history or immigration history.
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Represented employers during investigations conducted by Immigration and Customs Enforcement or Department of Labor regarding employment verification issues.
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Represented employers during investigations conducted by USICE and USDOL regarding employment verification issues
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Represented employers in investigations conducted by the USDOL concerning H-1B Labor Condition Application public access file including benching and wage and hour issues.
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Represented employers in USCIS administrative site visit
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Represented higher education clients in negotiation of collective bargaining agreements for full time faculty; adjunct faculty and administrators.
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Represented one of America's largest insurance companies against a workers' compensation price fixing conspiracy claim (American Association of Retired Persons v. National Surety Corp.).
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Restructured 16 retiree health care programs for major manufacturing company into five consolidated programs with reduced benefits and assisted with retiree communication and acceptance program
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S & R Equipment Co., v. Stanley. Represented employer in successfully negotiating settlement of covenant not to compete suit against former employee.
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Sherwin Williams v. Biggers. Represented employer in successfully obtaining injunction enforcing covenant not to compete against former employee. 851 F. Supp. 839 (1994).
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Sherwin Williams v. Kuperschmidt. Represented employer in successfully negotiating settlement of covenant not to compete and unfair competition suit against former employee.
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Sherwin Williams v. Nevada Color. Represented employer in successfully negotiating settlement of covenant not to compete and unfair competition suit against former employees.
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Successful defense of major construction industry manufacturer against claims of employee raiding
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Successful defense of numerous cases asserting discrimination based on gender, age and disability
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Successfully obtained IRS approval and Compliance Statement under the Employee Plan Compliance Resolution System (EPCRS) to retroactively correct 23 operational and plan document errors for major tier one automotive supplier's pension plan
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Successfully represented client in breach of executive level employment agreement.
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Successfully represented national service provider in overturning trial judgment for plaintiff in claim for race discrimination - failure to promote before Michigan Court of Appeals.
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Superior Consultant Co., Inc. v. DeSimone. Represented employer in successfully obtaining injunction and then negotiating settlement of covenant not to compete suit against former employee and new employer.
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Superior Consultant Co., Inc. v. Walling. Represented employer in successfully obtaining injunction enforcing covenant not to compete against former employee. 851 F. Supp. 839 (1994).
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Trial verdict in favor of major University on claim alleging wrongful discharge/breach of employment contract.
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