Client Alerts

The Department of Education has initiated a far-reaching notice of proposed rulemaking that could make significant changes to higher education. The rulemaking was announced by Secretary DeVos today. 

After much criticism for the backlog in processing Section 232 exclusion requests and pressure from Congress, the Department of Commerce (Commerce) has announced a new Interim Final Rule that changes the process for requesting exclusions from the duties and quantitative limitations imposed on steel and aluminum under action taken by the President pursuant to Section 232 of the Trade Expansion Act of 1962 as amended.

The escalating tariffs that President Trump announced on all goods imported from Mexico are set to commence on June 10th, unless a delegation of Mexican officials meeting with Vice President Mike Pence, Secretary of State Mike Pompeo, and others today are able to convince President Trump that Mexico is taking enough action to stop the flow of immigrants crossing into the United States at its southern border. 

You don’t have to be a trade secrets lawyer to have conversational knowledge of Huawei’s trials and tribulations over the past couple of years. 

President Trump yesterday tweeted an announcement that he is imposing a new escalating tariff on Mexican imports to address the illegal migration crisis at the Southern Border to pressure Mexico to take action to halt the flow of migrants through that country. 

The State of Washington recently adopted a new law restricting the use of non-compete agreements against “low wage” workers. Specifically, on May 8, 2019, Governor Jay Inslee (also a 2020 Democrat Presidential Candidate) signed HB 1450, scheduled to go into effect on January 1, 2020. The new law still allows employers to use and enforce “reasonable” non-compete agreements, but adds the following restrictions (among others).

On May 24, 2019, the U.S. Department of Health & Human Services (“HHS”) issued a new Fact Sheet detailing the circumstances when a Business Associate can be held directly liable for violating provisions of the HIPAA Privacy Rules.

On May 15, 2019, President Trump issued a new Executive Order widely reported as being targeted against Huawei to keep it from doing business in the United States. 

After weeks of speculation and conflicting statements from Administration officials, the White House issued a Proclamation today delaying implementation of Section 232 tariffs on automobiles and automobile components for “up to” 6 months while the U.S. Trade Representative pursues further trade negotiations with the EU, Japan and possibly other nations. Sarah Sanders, White House Press Secretary, announced the delay on the eve of the deadline for action on a Commerce Department study ordered by President Trump in May 2018.

Late on Friday, May 17th, the White House removed a large impediment to the ratification of the USMCA when it announced a resolution of the Section 232 steel and aluminum tariffs standoff with Canada and Mexico without resort to quotas.

Michigan is among a dozen “no-fault” states where drivers must buy personal injury protection (“PIP”). And it is the only state in the country to require unlimited coverage for crash victims so that motorists who are injured need not worry about health expenses. 

Butzel first reported the Trump Administration’s decision to increase existing tariffs on $200 Billion worth of Chinese imports in our Client Alert of May 6th. The alert explains that tariffs on products covered by List 3 of the Section 301 tariffs were to increase from 10 to 25%. This increase took effect on May 10th. The Trump Administration has now issued a request for comments on a new list of proposed tariffs which is scheduled to appear in the May 15th Federal Register. This proposed List 4 identifies possible tariffs on an additional $300 Billion worth of Chinese products imported into the US.

On the anniversary of the announcement that the United States was withdrawing from the Joint Comprehensive Plan of Action (JCPOA) that relaxed sanctions on Iran, the United States announced new sanctions on Iran’s iron, steel, aluminum, and copper sectors. Who do the new sanctions affect and what do they mean going forward?

Three years ago this week, on May 11, 2016, the federal Defend Trade Secrets Act of 2016 (the “DTSA”) was signed into law. Butzel Long was one of the first law firms in the nation to report on the passage of this Act. Shortly after, Butzel Long successfully defended against the very first application for an Ex Parte Seizure in the nation in the case of Dazzle Software II, LLC v. Kinney, Case No. 16-cv-12191 (E.D. Michigan, Slip Op. July 18, 2016). Since that time, Butzel Long has continued to defend, litigate, and be a leader on the topic of the Defend Trade Secrets Act.

President Trump announced Sunday his plan to increase tariffs on Chinese imports of over $200 Billion. These goods, referred to as being on List 3 of the Administration’s Section 301 action against China, are currently covered by tariffs of 10%.

Yesterday the Equal Employment Opportunity Commission (EEOC) announced immediate reinstatement of Component 2 of the Revised EEO-1 Pay Data Reporting requirements for mid-size and large employers, in light of the successful court challenge to the Administration’s long delay in implementing that requirement.

Signaling a dramatic about-face to its penalty assessments in recent years, HHS has just announced a new interim policy to reduce maximum penalties.

In recent years, federal courts have struggled to determine whether Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employers from discriminating against lesbian, gay, bisexual and transgender (“LGBT”) employees.

The Michigan Department of Health and Human Services, Division of Environmental Health (MSHHSD) has released its report which sets forth “screening levels” for PFOA, PFOS, PFNA, PFHxS, PFBS. Human exposure to per- and polyfluoroalkyl substances (PFAS) is a public health concern that the MSHHSD  has been working on with the Michigan PFAS Action Response Team’s (MPART) and other agencies.

The Food and Drug Administration (“FDA”) has recently issued guidance on cannabidiol (“CBD”) that is expected to have widespread ramifications for the industry.