Publications

• Court Ruling Lacks Direction on Ordinary Negligence and Malpractice Claims

  July 30, 2018

  On July 23, 2018, the Michigan Supreme Court released its opinion in Trowell v Providence Hospital (Docket No. 154476) addressing whether the plaintiff’s claims are sounded in ordinary negligence or medical malpractice.  If a claim sounds in ordinary negligence or malpractice is often a critical issue as ordinary negligence claims are not subject to the […]

• Foreign Supplier Verification Program Rule Affects More Importers

  July 26, 2018

  The Foreign Supplier Verification Program (FSVP) was published by the Food and Drug Administration (FDA) in November 2015. It requires that importers or their agents ensure foreign food suppliers meet the same food safety standards required of domestic food manufacturers. For the purpose of the FSVP, an importer is a U.S. owner or consignee of […]

• Food Safety Modernization Act: The Impact on the Food Industry One Bite at a Time

  July 16, 2018

  The Food Safety Modernization Act (FSMA) is a law applicable to food producers, processors and transporters. The purpose of the law is to protect the public from foodborne illness. Data from the Center for Disease Control and Prevention data indicates that over 3,000 people in the United States die from foodborne illnesses each year while […]

• Should You Require Employees to Sign an Arbitration Agreement?

  June 26, 2018

  In May, the U.S. Supreme Court upheld the right of employers to require and enforce pre-dispute class and collective action waivers as part of individual arbitration agreements.  Many employers have elected to require employees to agree at the time of hire or as a condition of continuing employment that any employment disputes be dealt with […]

• Michigan Legislature Repeals Prevailing Wage Act

  June 13, 2018

  On Wednesday, June 6, 2018, the Michigan Legislature repealed the State’s Prevailing Wage Act, which required the State to pay workers union-level wages under state construction contracts. The Legislature chose to repeal the Prevailing Wage Act after Michigan residents sponsored an initiative and amassed nearly 383,000 signatures, more than enough to place the measure on […]

• What Michigan Nurses Should Know About LARA Investigations and Administrative Complaints

  June 2, 2018

  Many complaints made to the Michigan Department of Licensing and Regulatory Affairs (LARA) regarding nurses arise in an employment context and involve issues with employers. Nurses and other employees in Michigan have a right to obtain a copy of their personnel files, which often contain documents and information that can help them formulate and support […]

• Employment Discrimination in Michigan

  May 24, 2018

  The Times, They Are a Changing… Or Are They? On Monday, May 21st, the Michigan Department of Civil Rights (the “Department”) announced that it is joining the Equal Employment Opportunity Commission (EEOC) in interpreting sex discrimination to include sexual orientation and gender identity. While federal law has been interpreted this way for some time, Michigan […]

• Non-Disclosure Agreements: The Beginning of a Deal

  May 20, 2018

  Sellers and Buyers want to negotiate, but need to protect themselves in the event a deal is not completed. The Non-Disclosure Agreement, or NDA, is the key to opening meaningful conversation, while protecting valuable interests. There are several topic areas you should expect to address in an NDA, though Sellers and Buyers each have their […]

• New European Data Protection Regulations Have Far-Reaching Implications

  May 15, 2018

  Before May 25th: Make sure that your privacy policy and terms of use comply with the GDPR Make sure all your users opt-in to your possessing of their data Make sure all of your users can download and delete their data on demand Many small and mid-sized U.S.-based businesses without a physical presence in Europe […]

• Why First Impressions Matter in Business Valuation Litigation

  April 26, 2018

  In a business-divorce case or marital divorce case involving a business, each side typically hires an expert to provide the court or jury with an opinion as to the value of the business. Depending on a party’s position, their expert will seek to establish as high or low a value as possible. For example, a […]