Client Alerts

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.

Changes may be on the way for Michigan’s new Paid Medical Leave Act (“PMLA”) and the amendments to the minimum wage rate, depending on an anticipated ruling from the Michigan Supreme Court. 

Some uninvited guests have shown up to the party and are starting to create a scene. Just days after calling on the Government Accountability Office to conduct a federal investigation into the effect of non-compete clauses in employment contracts, federal legislators are now asking the U.S. Federal Trade Commission to take action following a petition urging the agency to issue a rule prohibiting employers from requiring that their workers sign non-compete agreements.

Not long after the American Revolution, circa 1791, the Whiskey Tax became the first tax placed on domestic products by the newly formed federal government.  This tax came on the heels of the Boston Tea Party, which itself led to the onset of the American Revolution.  

A bill introduced in the Michigan Senate would require publicly held corporations with their principal executive offices in Michigan to have a minimum number of female directors. 

A bill introduced in the Michigan Senate would require publicly held corporations with their principal executive offices in Michigan to have a minimum number of female directors. 

For the past 30-years, Mexico has enjoyed a relative peaceful labor climate. That may change soon. As part of the new USMCA deal (Chapter 23) and international obligations assumed by Mexico in the ILO Convention 98 on rights to organize and bargain collectively, Mexico is now required to reform its labor laws before the USMCA may be passed in the U.S.

On March 7, 2019, the Department of Labor (“DOL”) announced a proposed rule that would increase the salary threshold for the overtime exemption from $23,660 annually ($455 per week) to $35,308 annually ($679 per week). 

Last month, United States Trade Representative Robert Lighthizer informed Senator Tim Kaine (D-Va) that his agency would not establish an exclusion process for products subject to Section 301 “List 3” tariffs unless and until these tariffs increased from 10% to 25%. Congress begged to differ.

A criminal trial is underway in the U.S. District Court for the Northern District of Illinois, where the defendant, Robert O’Rourke, faces thirteen separate counts of trade secret violations. Under the subject federal statute, “trade secret” means any type of technical, engineering, financial, or other business information that derives independent economic value by not being generally known to—or readily ascertainable through proper means by—another person who can derive economic value from having or using the information. However, for any item of information to qualify as a trade secret, its owner, whether a company or an individual, must demonstrate that it took reasonable measures to keep the information secret.

It is important for any licensed processor to understand that when they receive or purchase a package in the Statewide monitoring system, they shall give the marihuana product a new package tag any time the marihuana product changes form or is incorporated into something different than its original state.

After weeks of rumors that the tariff increase to 25% in the 3rd tranche of section 301 tariffs scheduled for March 2nd might be again postponed, President Donald Trump announced that the US would delay an increase of its tariffs on $200 billion worth of Chinese goods.

For many years it was debated and disputed whether an attorneys’ fee shifting clause in a non-compete agreement would actually be upheld. 

Back in October, Senator Tim Kaine (D.Va) and 10 other Democratic Senators sent a letter to the USTR urging him to establish a product exclusion process for items covered by List 3 of the Section 301 tariffs similar to the processes already in place for products on Lists 1 and 2.

Today the Michigan Medical Marihuana Facilities Licensing Board is expected to reopen the Michigan medical marihuana caregiver network, allowing medical marihuana caregivers to continue supplying medical marihuana provisioning centers and temporary facilities not yet approved for licensing by the board.

January is certainly the month for New Year’s resolutions. Anyone who has gone to his or her local gym or fitness center can certainly attest to that!  But January is also a big month for New Year’s RESIGNATIONS.

This month marks the one year anniversary of the beginning of President Trump’s tariffs wars. His announcement of “safeguard” tariffs on washing machines and solar panels that were largely aimed at goods from China, turned out to be only the first round of tariffs intended to address perceived trade imbalances globally. 

On December 12, 2018, Public Act 367 of 2018 was enacted, amending the Michigan Construction Lien Act, MCL 570.1101 et seq. (“CLA”), to provide design professionals (i.e. licensed or registered architects, professional engineers, or professional surveyors) with specific lien rights and procedures for creating and perfecting those lien rights for professional services provided in the event that an owner of a project or a property does not proceed with actual physical construction of a project or actual physical improvement of a property.

If you have a product covered by the 25% Section 301 tariffs imposed on Chinese goods in July of 2018 (List 1), the United States Trade Representative may have a belated holiday present for you. The newly published exclusions are available to any product that meets a description in the notice, whether or not you applied for a product exclusion in the fall of 2018.