Client Alerts

On June 1, 2020, the Criminal Division of the U.S. Department of Justice (“DOJ”) issued a revision to its Guidance Document on the Evaluation of Corporate Compliance Programs. 

On June 18, 2020, the U.S. Supreme Court blocked the Trump administration’s rescission of the Deferred Action for Childhood Arrivals (DACA) program. The program protects undocumented immigrants brought to the country as children, known as “dreamers.”

Specifically, by that date, the Federal Acquisition Regulation (“FAR”) Council is expected to issue an Interim Rule implementing Section 889(a)(1)(B) of the National Defense Authorization Act for Fiscal Year 2019 (the “FY19 NDAA”), which will  prohibit Federal agencies from contracting with an entity that uses telecommunications and surveillance equipment and services from Chinese companies that the Government has determined share information with the Chinese government to the detriment of U.S. national  security. 

Friday afternoon, Michigan Governor, Gretchen Whitmer, issued Executive Order 2020-120, titled “Returning Overnight Camps to Operation.” 

Last year, the California Attorney General set a July 1, 2020, deadline for enforcement of the state’s Consumer Protection Act (the “CCPA” or the “Act”). If you thought the pandemic would toll this deadline, you are seriously mistaken. On June 2nd, the California Attorney General announced that he had submitted the final CCPA Regulations for approval. 

Today, voting 6 to 3 in a single decision issued in three cases argued together last October 8th, the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1964 protects individual employees from intentional employer discrimination because of the individual’s homosexuality or transgender status.

Governor Whitmer, on June 11, 2020, signed a Bill amending the Tax Tribunal Act to extend to August 31, 2020 the deadline by which a petitioner must file for a property tax appeal. Our earlier Client Alert discussed Executive Order 2020-87, which extended from May 1 to July 31 the deadline for certain property tax appeals (including commercial real and personal property).

Effective June 8, 2020, USCIS will resume accepting Form I-907, Request for Premium Processing Service, for the following. 

As if being locked out of your sensitive commercial data wasn’t enough. Now, cybercriminals promise to either publicly publish or sell your designs, strategic plans, and valuable trade secrets to the highest bidder if you do not pay. 

If your company is served with a lawsuit tomorrow, are you ready to implement a legally defensible litigation hold? Can your company readily locate and preserve potentially relevant information to protect the company from headaches (not to mention potential courtroom sanctions) down the road?

On Friday, June 5, 2020, President Trump signed the Paycheck Protection Program Flexibility Act into law. This act was originally passed by the House on May 28, 2020 (which was described in our earlier Client Alert), and passed by the Senate on June 3, 2020.

Today, Governor Whitmer signed Executive Orders 2020-114 and 2020-115, continuing to reopen the Michigan economy.

This week, the Department of Justice updated its guidance concerning how it evaluates compliance programs when making corporate criminal charging decisions or negotiating plea agreements. 

In response to Governor Whitmer’s executive orders requiring Michiganders to stay home, the Michigan Supreme Court tolled all appellate filing deadlines—jurisdictional and non-jurisdictional—until the expiration of the stay-home order.

On Wednesday evening (June 3), the U.S. Senate passed the Paycheck Protection Program Flexibility Act. This act was originally passed by the House on May 28 and was described in our earlier Client Alert. It is expected to be signed into law quickly.

On Monday, June 1, Governor Whitmer issued Executive Order 2020-110 (the “Order”), finding that it was now “reasonable and necessary” to move all eight regions of the State of Michigan to the next stage in the Michigan Safe Start Plan. Specifically, the order says, “Michiganders are no longer required to stay home.”

On Thursday afternoon, May 28, the U.S. House of Representatives passed the Paycheck Protection Program Flexibility Act, H.R. 7010. Approved by an overwhelming bipartisan vote of 417-1, the Flexibility Act would make notable changes to provisions governing Payroll Protection Program loans under the CARES Act. 

In light of a whirlwind week on Twitter where President Donald Trump has been challenged for sharing a debunked allegation regarding Former Congressman and current MSNBC Morning Joe host Joe Scarborough and was fact-checked by Twitter itself based on two voter fraud statements labeled as “potentially misleading,” the President responded with a strong rebuke, issuing an Executive Order on Preventing Online Censorship (the “EO”). 

Earlier this month, in Sodexo Inc. v. Melissa Jordan, a federal court in Massachusetts refused to enforce a non-competition agreement. 

On Wednesday, May 27, the State of Michigan moved a step closer to adopting name, image, and likeness (“NIL”) legislation for post-secondary athletes. The bill had broad bipartisan support, passing the House by a vote of 92-15.  The bill now moves to the Michigan State Senate. If passed by the Senate it would need to be signed by the governor to become law.