Client Alerts

Recently, in a case of first impression in Michigan, the Michigan Court of Appeals held that, depending on the circumstances (as further explained below), an individual may be prevented from asserting attorney-client privilege with respect to communications with his attorney that were made via an employer’s e-mail system.

In our Client Alert on August 6, we discussed the re-imposition of Section 232 tariffs on certain aluminum products from Canada. On September 15, 2020, the United States Trade Representative (USTR) issued a notice that after consultations with the Canadian government the U.S is modifying its original re-imposition of the 232 tariffs and replacing it with what is essentially a voluntary quota system, similar to those in effect on steel products many years ago.

The adage that “change is the only constant in life” aptly describes the legal landscape surrounding the current pandemic.

As businesses begin to open back up, they must prepare themselves for an impending wave of civil lawsuits relating to COVID-19. For businesses that are financially recovering from layoffs and lockdowns, these lawsuits could have serious financial consequences.

On August 27, 2020, the Governor issued Executive Order 2020-172, titled “Protecting workers who stay home, stay safe when they or their close contacts are sick”. Executive Order 2020-172 rescinded the recently issued Executive Order 2020-166 but the only major difference was clarifying what constituted COVID symptoms.

Is responding to a request for proposal a breach of an employee’s obligations under a non-solicitation agreement?  It certainly can be, as confirmed by a recent Michigan Court of Appeals decision.

The implementation of the CARES Act’s Paycheck Protection Program (PPP) has caused great uncertainty among borrowers, lenders, lawyers, and accountants (among others) as to how to properly comply with the intricacies of the CARES Act and related guidance

The U.S. Department of Health and Human Services (HHS) has reopened the Phase 2 Provider Relief Fund (“PRF2") for certain Medicare, Medicaid, and Children's Health Insurance Program (“CHIP”) Providers until August 28th to apply for PRF2 funds.

Non-manufacturing sellers may be entitled to the protection of MCLA 600.2947(6). This Michigan statutory provision provides that in a product liability action, a seller other than a manufacturer is not liable for harm allegedly caused by a product unless a statutory exception to non-liability applies.

In 2016, the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC), the two federal agencies responsible for enforcing the antitrust laws, issued “Guidance” to HR Professionals, outlining the types of compensation and hiring agreements that the enforcement agencies will challenge as violations of the antitrust laws.

On Friday, August 7, 2020, Governor Whitmer issued Executive Order No. 2020-166 (the “Order”)

It is well-established that a company can be sued in a state where they are headquartered or have their principal place of business. But what if a company is sued in a state where it has no physical presence and where its only contact is that one of its products landed in the “stream of commerce” and ended up causing injury in the forum state?

As this firm has repeatedly advised now for years, certain members of Congress have been attempting to enact federal non-compete legislation for some time. 

Because of the health, law and social-based distancing impact of COVID-19, the practice of the law and, in particular, taking depositions has had to evolve at a speed that the industry and its practitioners have never before seen. 

The President announced late Thursday by way of a Presidential Proclamation the reinstatement of Section 232 tariffs on aluminum from Canada.

Non-compete agreements are generally valid and enforceable in most states. However, drafters of non-compete agreements must exercise caution to ensure the restrictions imposed are reasonable and narrowly tailored.  

Citing the number of increasing COVID-19 cases over the past month, Governor Whitmer increased restrictions through Executive Orders 2020-160 and 2020-161, which take effect today.

Despite the current pandemic and nearly 30 million unemployed people on the sidelines, a number of companies are engaged in an intense battle to hire, attract, and retain top talent, all the while protecting their most confidential information and trade secrets. 

On the heels of important developments in Europe, the U.S. government has settled on a new, more aggressive approach in its sanctions policy concerning China, and in particular, Huawei.

On July 16, 2020, the Court of Justice for the European Union (CJEU) issued its much-anticipated opinion addressing the available privacy and data protection mechanisms in the EU’s General Data Protection Regulation (GDPR) that govern the cross-border transfer of personal data between the EU and the US.