Client Alerts

Ever since Bitcoin’s meteoric rise to fame in 2012, cryptocurrencies have been used in an increasingly diverse array of transactions.  

We have all seen news reports of cyber-attacks on a company’s information system

On Thursday, September 9, 2021, the White House announced an impending regulation that will require companies with 100 or more employees to ensure their workforces are either “fully vaccinated” or test negative for Covid-19 at least once a week

The short answer is no—or, at least, not to the extent you might think.  It’s sometimes assumed that a company cannot have trade secrets in a patented design or product.  But that assumption isn’t quite accurate. 

Every fall, employers offering group welfare benefit plans with plan years on a calendar year basis start to turn their attention to renewing benefit offerings for the upcoming plan year. Plan administrators typically use this period to update plan documents and summary plan descriptions, distribute annual notices, and conduct nondiscrimination testing.

Earlier this week, Governor Gretchen Whitmer signed into law two bills, House Bills 4219 and 4220, which will allow first-time offenders of “operating while intoxicated” (“OWI”) to have their OWI set aside (also called “expunged”) from their records.

Last year, nearly a quarter of all cyber incidents worldwide involved ransomware attacks, including attacks on businesses, schools, government agencies and critical infrastructure.  These attacks have generated a debate over whether, and under what circumstances, ransomware victims should be able to look to their insurers to reimburse ransom payments.

On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (“ARPA”), designed primarily to provide financial relief to millions of Americans as a result of the ongoing COVID-19 pandemic.

On July 9, 2021, President Biden signed an Executive Order on Promoting Competition in the American Economy.  The Executive Order addresses or discusses many aspects of the economy, from labor and employment matters to regulatory licensing and even agricultural concerns.  But one of the key parts of the order takes aim at restrictive covenants prohibiting former employees from competing against their former employer, commonly known as “non-competes.”

Last week, a commercial airline pilot filed suit against Delta Air Lines in the Superior Court of DeKalb County, Georgia alleging that the aviation giant misappropriated a proprietary flight crew communications system he designed. 

We have recently seen a number of headlines regarding “anti-white racism” and there have been a variety of civil rights lawsuits filed by white employees, reporters, and farmers claiming race discrimination.

A lawsuit filed at the Court of International Trade in September of  2020  challenging the U.S. Trade Representative’s (USTR) authority to assess Section 301 List 3 and List 4A duties and its compliance with Administrative Procedure Act requirements in doing so (HMTX Industries LLC et al. v. United States (Court No. 20-00177)) is back in the news this week.

In a highly anticipated 7-2 decision last week, the United States Supreme Court reversed the decision of the Fifth Circuit Court of Appeals declaring the Affordable Care Act (“ACA”) unconstitutional. The Court also remanded the matter to the Fifth Circuit with instructions to dismiss the case. California et al. v. Texas et al. The Court chose to punt on procedural grounds.

It is not an easy time to be an automotive parts supplier. One asks a supplier, “How’s it going?” with trepidation. The optimistic supplier is likely to answer, “So far I haven’t shut down my customer.” The less optimistic responses are best not put in writing.

In Van Buren v. United States, a recently released 6-3 decision, authored by our newest Supreme Court Justice, Amy Coney Barrett, the Supreme Court resolved a long-brewing circuit split in the interpretation of the Computer Fraud and Abuse Act (CFAA).

Across the United States, cities and states are starting to reopen. 

More and more contracts today contain what we call a “shifting attorney fee” provision meaning that the winning party is entitled to collect its out-of-pocket attorney fees and costs as additional damages if the contract is breached. 

Ford’s new purchasing terms (effective 7/1/21) have a long and dense provision addressing antitrust violations.

May 11, 2021 marked the five-year anniversary of the Defend Trade Secrets Act (“DTSA”), which is the first federal trade secret statute with a civil cause of action enacted into law.

President Biden executed the much-anticipated Executive Order on cybersecurity yesterday, highlighting the growing prevalence of cyber attacks and increasing concerns about the impacts these attacks have had on the public and private sectors and Americans’ security and privacy.