Publications

Michigan House lawmakers have renewed efforts to extend transparency requirements to the legislative and executive branch, but the bills could hit snags in the Senate again over concerns with opening up certain state correspondence to public view.

The Michigan Offer of Judgment Rule (MCR 2.405) is a powerful tool for encouraging a rapid, fair settlement of personal injury and settlement claims. When opposing parties use the rule to make offers and counteroffers, the party whose offer is furthest from the ultimate judgment is typically required to pay the more accurate party’s attorney fees. This creates a powerful incentive for the parties to concentrate on correctly estimating the case’s true value and to reach an early and fair settlement.

Happy Holidays from the Butzel Long Charitable Trust

Imagine someone named Kolin Capernick owns 25 percent of an up-and-coming sports apparel company.

As a rough rule of thumb, suppliers of components parts who think they need products liability insurance should also consider buying product recall insurance.

When first enacted, laws protecting the public's right of access to information about their government were lauded as a new hope for transparency.

Legal risk and reward of blockchain and smart contracts as a prescription for automotive applications

As we start to see the first hints that winter is retreating, it’s time for spring cleaning! In light of recent decisions and government agency rules, it’s time to review your Terms of Use, Privacy Policies and general strategy with the following three issues in mind.

As an industry, we are prepared for the everyday fare of the profession—FOIA denials, OMA violations, spotting defamatory statements, and the like.  But we can, and should, do better when it comes to prepping for the extraordinary.

One of the things I most enjoy as MPA General Counsel is engaging on the importance of open government in our democracy. On multiple occasions, I have presented on the topic of Open Government. Reporters, public officials, and citizens all gathered to take about the Freedom of Information Act (FOIA) and the Open Meetings Act (OMA) – their importance, the challenges in obtaining/providing information, as well as best practices. It is clear to me that many government officials and employees not only want to comply with the legal requirements (as they must), they want to go beyond the bare minimum required by the law and begin making strides toward better transparency policies. With that in mind, here are some thoughts on best practices for you to discuss with your local governments.

Best Practices Overall

Best Practices on the IT Side

Best Practices for Individuals

Whereas few haven’t read, or at least been warned about, the threats posed by hackers and the malware they plant, less common are the stories told from inside the cyber incident as it unfolds.

The majority of the calls we receive relate to FOIA requests and the inability to get requested materials. The following are a few tips that may help you maximize your getting the information or documents you want.

You just found the perfect accompaniment for your piece. It may be an image taken from Facebook or a short video found on YouTube. You take the material and run with it thinking, “not a big deal; it’s fair use.” But is it?

“A nun, a priest, and a parishioner…” 

No, this is not the windup for a joke.  It’s the windup for an important development in Michigan’s law on “defamation per se.”

Let’s talk talk about two open government issues of importance to the media. First, changes to our FOIA statute went into effect in 2015 that have still not been implemented by some public bodies. (Likewise, you will be stunned to learn that there is gambling in Casablanca). Below is a quick recap on some of those changes for you to use in dealing with fee issues. Second, many people have had issues with public officials using email as an improper method of deliberating in violation of the Open Meetings Act. A recent Michigan Court of Appeals case addresses the issue and concluded that the OMA was violated.