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Contracting Is More than Standard Terms and Conditions
Dykema, February 2018

Strong contracting processes and communications which establishes clearly the expectations of each of the parties reduces disputes and costs and strengthens relationships. The key to strong contracting processes is to approach contracts in a holistic manner making sure all documents interconnect in a logical uniform manner. Because manufacturing processes can be complex, this is often not as easy as it sounds...

Michigan Seeks Comment on Tax Treatment of Marijuana Sales
Dykema, December 2017

The Michigan Department of Treasury (the “Department”) recently released a draft Revenue Administrative Bulletin (“RAB”) entitled Marihuana Provisioning Center Tax and Sales and Use Tax Treatment of Marihuana. An RAB is a directive issued by the Bureau of Tax Policy...

U.S. International Trade Commission Finds Domestic Solar Manufacturing Companies Harmed by Foreign Imports
Dykema, December 2017

The U.S. International Trade Commission (“ITC”) issued a determination at the end of 2017, finding that solar panel imports are hurting domestic businesses that operate in the solar industry. The ITC’s determination was issued in connection with a trade case filedby a Georgia-based company, Suniva, Inc., shortly after filing for bankruptcy protection. SolarWorld Americas, Inc. joined Suniva’s petition...

Michigan Gets Recommendations for Medical Marijuana Rules, New Advisory Panel Members
Dykema, October 2017

Earlier this year, Michigan’s Department of Licensing and Regulatory Affairs (LARA) announced the formation of “work groups” to provide input as LARA adopts emergency rules to govern activities under the State’s new Medical Marihuana Facilities Licensing Act (MMFLA). Organized around the MMFLA’s five license types, those work groups met last month...

Snyder Urges Congress to Fund Soo Lock Upgrades
Dykema, July 2016

Last week, Governor Snyder wrote Michigan's congressional delegation to stress the importance of fully funding upgrades to the Soo Locks. Snyder urged Congress to replace the Davis and Sabin Locks with a single, larger lock that would provide redundancy should the Poe Lock fail. The Poe Lock is currently the only lock capable of handling the 1,000-foot freighters used to transport raw materials like iron ore...

Michigan Governor Gives Directive to State Transportation Department
Dykema, May 2016

On May 12th, Governor Snyder issued Executive Directive No. 2016-1 ("ED 2016-1"), which seeks to improve infrastructure in the State by utilizing the Michigan Department of Transportation ("MDOT") in multiple ways. ED 2016-1 requires MDOT to work with a number of agencies, including coordinating with: - The Michigan Department of Environmental Quality to identify and address major infrastructure projects where inadequate facilities could cause threats to water or wastewater services...

The New Overtime Regulations Are Now Official
Dykema, May 2016

There’s no longer a basis to speculate or read or ignore the rumors. The Department of Labor (DOL) has finalized its changes to the regulations governing who may be exempt from being paid overtime. The changes will still be dramatic in terms of the number of employees impacted, but employers’ worst fears as to what they might contain did not quite materialize. Last Summer’s Proposed Regulations Early last summer, the DOL published its proposed changes to the overtime regulations...

New Transportation Bill Brings Civil Penalty and Whistleblower Changes to the Automotive Industry
Dykema, December 2015

On December 4, 2015, President Obama signed H.R. 22, Fixing America's Surface Transportation (FAST) Act, into law. The new law reauthorizes federal highway and transit programs for five years. While most of the attention on the legislation has focused on the new funding for transportation infrastructure, the measure also includes significant policy changes related to motor vehicle safety and enforcement actions by the National Highway Transit Safety Administration (NHTSA)...

US/EU Safe Harbor Struck Down: The Game Just Changed for European Data Transfers to the US
Dykema, October 2015

In the early hours of October 6, 2015, United States time, the Court of Justice of the European Union announced its decision striking down the US/EU Safe Harbor framework. This Dykema Client Alert explains what the court’s decision means and how you can respond...

President Obama Signs Trade Preferences and Extension Act of 2015, Increasing Penalties
Dykema, June 2015

On June 29, President Obama signed the Trade Preferences and Extension Act of 2015, which significantly increases penalties for the failure to file correct information returns under I.R.C. § 6721 and the failure to furnish statements to payees pursuant to I.R.C. § 6722. The new law increases the penalty from $100 to $250 for each violation of either statute...

Tangible Results Speak Louder Than Well-Intentioned Inclusion Words
Dykema, September 2014

Bonnie Mayfield, Bloomfield Hills-based attorney and member in Dykema’s Litigation Practice, co-authored an article—“Tangible Results Speak Louder Than Well-Intentioned Inclusion Words,”—which appears in the August issue of DRI’s monthly publication, For The Defense. Thomas L. Sager, then Senior Vice President and General Counsel for DuPont Legal, was the other co-author...

You’ve Been Served!: Using Facebook and LinkedIn to Serve Defendants
Dykema, June 2014

International infringers are notoriously difficult litigants to get in touch with; all too often the methods of service routinely available in the United States to serve defendants and bring them into court to halt infringement fail when exported overseas. The defendants in these cases often have little incentive to cooperate with either the court or whatever physical mechanism or service might be available in their jurisdiction...

Nursing Homes Now on Notice: You Must be Prepared to Provide CPR
Dykema, November 2013

On October 18, 2013, the Centers for Medicare & Medicaid Services (CMS) published Survey & Certification Letter 14-01-NM, which clarified the obligations of a skilled nursing facility (SNF) or nursing facility (NF) (collectively “nursing homes”) to provide cardiopulmonary resuscitation, or CPR, to its residents...

Don’t Make a Client Ask: Did you Hear Me?
Dykema, November 2013

The art of listening sometimes escapes even the most intelligent people. A person who does not listen often brings an uncomfortable feeling to a relationship – whether professional or personal. Listening is a vital piece of excellent client service delivery. It requires you to be silent but very aware of what the client says are his or her needs...

US Government Shuts Down; What Federal Agencies and Programs Are Most Affected?
Dykema, October 2013

As the fiscal year came an end at midnight on September 30, the House and Senate were unable to reach an agreement to fund the federal government and avoid a government shutdown. As a result, the White House Office of Management and Budget (OMB) has issued the order to implement the shutdown of the federal government. Although essential functions such as public safety and benefit payments will continue, the shutdown impacts all agencies funded through the annual appropriations process...

Making a U.S.- Origin Claim: Understanding Critical Distinctions
Dykema, January 2013

A client asks, "Can I say ‘Made in USA’ for my product if it has some imported content"? While the question seems simple enough, the proper response requires the advisor to inquire into the reason for the question and the company’s specific objective. Depending on the client’s response and the pertinent facts, the resulting analysis and legal conclusion may differ considerably. If the company wants to assert a "Made in USA" or other U.S...

2012 Mergers & Acquisitions Survey Results
Dykema, January 2013

In 2007, companies completed more than 12,000 M&A deals globally, with values totaling over $3.5 trillion.1 Butthose volume and dollar records have since been buried under years of bad news. Dykema’s 2012 Mergers &Acquisitions Outlook Survey indicates that the mortgage meltdown, the recession, the European debt crisis, theaftereffects of the presidential election and now the “fiscal cliff” have pushed expectations for 2013 to a near recordlow...

How To Defend Against Nuisance Lawsuits Wind Projects
Dykema, September 2012

Obtaining  necessary regulatory approvals for a wind project does not mean that opponents won’t stand in the way of development. Wind development takes years of work. Locations must  be  evaluated  and sites eventually selected. In addition, experts must prepare reports examining every aspect of the wind farm and its impact on the surrounding area, including sound impact stud- ies, compliance analyses and wildlife assessments...

If It's Not .Bank, It's Not Safe
Dykema, July 2011

It’s an all too common scenario. An unsuspecting Internet user opens an email with a link to a website spoofing that of a leading financial institution. The user is asked to input personal information such as bank credentials or social security numbers and in a matter of seconds the user becomes the victim of a phishing scam and is left to deal with the financial and emotional fallout stemming from the identity theft...

Don't Be a Victim
Dykema, June 2011

Your employees may be using your business’s credit cards to make charges you haven’t authorized. And if you don’t discover it soon after the fact, you may be liable for those charges.   “A court’s rationale is pragmatic and straightforward...

A Multidimensional Solution to the Problems of Runaway Discovery
Dykema, June 2010

In 2010, the legal services industry—and for that matter almost every industry—faces a new landscape that requires not only a different way of thinking but also a different way of doing business to ensure short-term survival and longterm success...

Michigan Recovery Zone Relief
Dykema, July 2009

A small measure of relief may be coming to some beleaguered Michigan communities that have been struggling recently with the difficult question of what actions they can realistically take to encourage much-needed local economic development while remaining cognizant of the financial limitations associated with lower revenues, higher costs and uncertain economic projections. The answer for some might be found in recovery zone financings...

Summary of Major Issues in the President's Financial Industry "White Paper"
Dykema, June 2009

On June 17, 2009, the Obama administration issued a "white paper" which proposes a sweeping reorganization of financial-market supervision. The plan would touch almost every corner of banking from how mortgages are underwritten to the way exotic financial instruments are traded. The plan will undoubtedly be modified during the Legislative process. Banks in other countries have already objected to the proposed international effects...

A Primer on Public Private Partnerships for Municipalities
Dykema, June 2009

This is the second of a three-part report on “public private partnerships.” Also known as “PPP” or “P3” projects, there is an increasing amount of press regarding these projects, some of which is contradictory and some of which is just plain confusing. The purpose of this three-part report is to provide you with some useful information in identifying and analyzing P3 opportunities. The first part of the primer provided an introduction to the P3 concept...

Dispelling Tax Uncertainty Is Key to Unlocking Potential of Public-Private Partnerships
Dykema, April 2009

As Congress begins to work on the Moving Ahead for Progress in the 21st Century Act (“MAP 21”), the bill to reauthorize highway funding for the next five years, policy makers are confronting the challenge of how to bridge the estimated $400 billion gap in funding between federal revenues and transportation infrastructure investment needs...

Secretary Geithner Outlines New Financial Sector Regulation
Dykema, March 2009

Treasury Secretary Tim Geithner appeared before the House Committee on Financial Services at a hearing titled "Addressing the Need for Comprehensive Regulatory Reform...

The Satyam Scandal: Time to Take Another Look at Your Information Technology Services
Dykema, January 2009

What Happened Last week, the chairman of Satyam Computer Services Ltd., India's fourth largest information technology company, admitted to a stunning fraud. Fraudulent entries in the company's financial statements totaled in excess of US$ 1 billion, as compared to the actual financial state of the company. In response to the fraud, DSP Merrill Lynch Ltd., a local affiliate of Bank of America Corp...

P3s: A Viable Option for Michigan's Transportation Needs
Dykema, November 2008

Attorneys and Government Policy Advisors in Dykema's Infrastructure and Project Finance Practice Area, seek to keep our clients and contacts abreast of pending legislation, new developments and other topics. Our intent is to provide you with timely, relevant, and useful information that will help you with your business goals...

Federal Reserve Bank of New York Launches Program to Facilitate the Issuance of Short-Term Commercial Paper
Dykema, October 2008

Recently, the Federal Reserve Bank of New York announced a new program to facilitate the issuance of shortterm commercial paper (“CP”) by eligible issuers. The program was launched on Monday, October 27, 2008. The program is being administered by a new special purpose financing vehicle (“SPV”) that is referred to as the Commercial Paper Financing Facility, or “CPFF...

Follow the Money
Dykema, September 2008

A few years ago, Rick Rein got a call from a Chicago-area bank that had lost $1 million to a con artist who cashed a fake check that looked so authentic it easily passed through the bank's computer system.   The fraudster wired the money to an obscure bank in Florida, then out of the country before the bank realized a month later the check was phony.   Mr...

A Primer on Public Private Partnerships for Municipalities, Part I
Dykema, September 2008

Part I of a III Part Primer: An Introduction This newsletter is the first of a three part report prepared for our public finance clients with respect to “public private partnerships.” Also known as “PPP” or “P3” projects, there is an increasing amount of press regarding these projects, some of which is contradictory and some of which is just plain confusing...

Courts Hold That Procedural Screw-Ups in Medical Staff Proceedings Can Result in Loss of Immunity
Dykema, July 2008

In 1986, Congress passed the Health Care Quality Improvement Act (HCQIA). One of its principal provisions offers immunity to both individuals and institutions involved in professional review actions (PRAs)...

Michigan Enacts “Best in the Nation” Incentives to Production Companies
Dykema, July 2008

On April 7, 2008, Michigan’s governor Granholm signed into law a package of fourteen bills designed to make Michigan a destination for filmmakers by offering a collection of incentives that have been characterized as the most generous in the nation...

Stoneridge Decision
Dykema, April 2008

The United States Supreme Court's recent decision in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc. et al. is one of the most important securities law decisions handed down by the Supreme Court in many years. It establishes new guidelines in cases where investors seek to hold third parties (such as vendors, as well as attorneys or accountants) liable for participating in securities fraud...

Physician/Supplier-Billed Diagnostic Tests: Medicare Shakes Up the Rules
Dykema, February 2008

CMS recently released new regulations intended to curb the ability of a physician to earn a profit on either the technical component (TC) or professional component (PC) of tests ordered by the physician, but performed by another party. The regulation is effective January 1, 2008 and applies to all Medicare-covered diagnostic tests including imaging and anatomic pathology, but excluding clinical laboratory tests...

Creative Financing Helps Cool the Pennsylvania Convention Center
Dykema, February 2008

Dykema attorneys were recently involved in an interesting infrastructure project finance transaction relating to the rehabilitation of a portion of the Pennsylvania Convention Center. Dykema represented the lender in this transaction. To complete the transaction, a fairly unusual structure had to evolve...

Dykema On Demand Series as Featured Online for InsideCounsel Magazine
Dykema, October 2007

During a series of podcasts from Dykema and InsideCounsel magazine, Dykema attorneys discuss a variety of current legal issues...

Retaining Diversity Through Mentoring: Theory And Practice
Dykema, March 2007

It is generally accepted that mentoring is important to the retention and professional development of attorneys – particularly minority attorneys. However, despite touting their mentoring programs, it appears that few, if any, law firms and corporations “get it right.” Assigning a mentor often results in a few lunches between two people who may or may not have anything in common...

Current Status of the Series LLC: Illinois Series LLC Improves Upon Delaware Series LLC But Many Open Issues Remain
Dykema, November 2006

Long before the creation of limited liability companies, the best practice for companies or individuals that operated multiple distinct businesses or held multiple significant assets, such as real estate, was to segregate each distinct business or asset into a separate entity so that the liabilities of one of the businesses or assets would not affect the other businesses or assets...

Annual Mergers and Acquisitions Survey, October 2006
Dykema, October 2006

Respondents to Dykema's 2006 M&A survey generally maintain a positive outlook on the future of the U.S. mergers and acquisitions market. Responses were received from both company executives and their outside advisors. Survey respondents are looking toward strategic buyers as an increased presence in the coming year, but also forecast significant involvement by financial and foreign buyers...

Economic Incentives for Industrial and Commercial Development
Dykema, July 2006

There are a number of legal mechanisms that can improve the economics and liability of industrial and commercial development projects for developers willing to take advantage of them. This article will explore some of the incentives available to developers that will assist in maximizing profits and freeing-up capital that would otherwise be devoted to conventional construction or permanent loan financing. 1. Tax Incremental Financing Districts (“TIF’s”)...

Antitrust and Trade Regulation Developments
Dykema, June 2006

Lessons in Using Employee Non-Compete Agreements An increasing number of companies are requiring their employees (new and existing) to sign so-called “non-compete” agreements. Many of these agreements prohibit employees from working for their employer’s competitors for a period of time after the termination of employment. Some are less restrictive—prohibiting former employees from performing certain duties or dealing with the former employer’s customers...

New Bankruptcy Act’s Effect on Business Bankruptcy Cases
Dykema, June 2006

The considerable publicity surrounding the new Bankruptcy Act has focused on the impact of the legislation on individuals seeking bankruptcy relief under Chapter 7 of the Bankruptcy Code.1 There are also important changes that will have a significant impact on business bankruptcy cases. The new provisions will require suppliers, lenders, debtors, landlords and other constituents to rethink strategies that have previously been routinely employed in business bankruptcy cases...

The “Reasonableness” of Shortened Limitations Period May No Longer Be an Issue
Dykema, June 2006

Recently, in Clark v. DaimlerChrysler Corp., the Michigan Court of Appeals ruled that an employee’s lawsuit for age discrimination under the Elliott-Larsen Civil Rights Act (ELCRA) was timebarred because of the six-month limitations period contained in the employee’s job application. The court upheld the contractual limitations period at issue even though the ELCRA explicitly provided that an individual has three years to bring a claim under that statute...

Investment Management News
Dykema, June 2006

This quarterly newsletter summarizes some of the recent administrative actions that will go into effect this year and which will impact funds and their advisers, beginning with the EDGAR requirements that mutual funds and separate account issuers designate new codes for each series and class when making their EDGAR filings...

Health Law Developments
Dykema, June 2006

ALERT Hospital May Be Excluded For Physician Recruiting On May 8, 2006 the OIG announced that it intends to exclude San Diego-based Alvarado Hospital from participation in Medicare, Medicaid and all other federal health care programs because of payments the Hospital made under relocation agreements involving placement of newly-recruited physicians in established physician practices...

Corporate Governance Bulletin
Dykema, June 2006

SEC and PCAOB To Take Action on Section 404 Internal Controls Reporting Matters The SEC recently announced a series of actions it and the PCAOB intend to take to improve the implementation of the internal control reporting requirements of Section 404 of the Sarbanes-Oxley Act of 2002. These actions include: • Providing Guidance for Companies...

New EDGAR Filing Requirements for Mutual Funds and Insurance Contract Separate Accounts
Dykema, June 2006

EDGAR Identifiers for Series and Classes Last July, the Securities and Exchange Commission adopted amendments to Regulation S-T to require mutual funds and insurance company separate accounts issuing variable annuity contracts or variable life insurance products to obtain identifiers and electronically identify in their filings made through the Electronic Data Gathering, Analysis, and Retrieval (EDGAR) system to which of their series or classes the filing relates. See Rel. No...

Long-Term Care Developments
Dykema, June 2006

Certificate of Need Strategies for New Nursing Home Beds Special Population Beds are Re-Approved At its March 2006 meeting, the Michigan Certificate of Need (“CON”) Commission took action to re-approve several state-wide pools of nursing home beds that are set aside to serve special populations, including: Alzheimer’s Use 60 beds Hospice 30 beds Religious Use 20 beds The Commission reserved 22 special population beds on a non-specified basis for future use...

Intellectual Property Developments
Dykema, June 2006

Keeping in Shape – Trademark Protection of Product ConfigurationsThe development of unique and distinctive product configurations allows the producer of the product to achieve more bang for its marketing dollar. The consumer not only cognitively associates the manufacturer’s word mark with the product, but also its configuration. In this context, the oft cited example is the Coca-Cola bottle shape...

 

 

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