Publications

• Governor Whitmer Enacts Changes to State Definitions of “Marijuana” and “THC” to Include Synthetic Derivatives

  July 14, 2021

  The use of so-called “synthetic marijuana” products, particularly by those not old enough to purchase “real” marijuana from licensed and regulated cannabis businesses in Michigan, has been a source of major concern among law enforcement, regulators, and legitimate cannabis businesses who see business stolen away by those who have skirted existing statutes by exploiting what […]

• The Death of the Non-Compete Agreement?

  July 13, 2021

  President Biden made a big splash last week with an Executive Order announcing steps to restrict or limit non-competition agreements which are prevalent in the private sector. According to the Fact Sheet issued by the White House, roughly half of all private sector businesses require at least some employees to enter non-compete agreements, affecting some […]

• Penalizing the Aggressor: The First-Breach Defense Under Michigan Law

  June 7, 2021

  You see it in sports all the time.  Two players get into a heated exchange, one pushes the other, who then retaliates by pushing back even harder.  The referee, however, only sees the second push, and so the retaliator and his team get penalized, and the instigator walks back to their sideline with a grin […]

• A Quick Guide to Vaccination Cards and Vaccine Incentives

  May 10, 2021

  As the State of Michigan turns toward lifting COVID-19 related restrictions that have precluded most office work and have limited the density of crowds allowed at bars, restaurants, gyms, and other public venues, many employers are wrestling with how to move forward in a way that is safe for both their employees and clients while […]

• THE NEW COBRA SUBSIDY PROGRAM: Employer Notice and Payment Obligations

  April 9, 2021

  The recently enacted American Rescue Plan Act (“ARP”) contains an important provision affecting all private employers with 20 or more employees (and all Michigan governmental employers) that sponsor employee health insurance plans.  Below we very briefly summarize essential aspects of the new law and its most immediate impact on the obligations of employers and COBRA […]

• Using Your Best Judgment: Does the Business-Judgment Rule Protect Me From a Shareholder Oppression Claim?

  February 24, 2021

  Those in charge of running a business have countless decisions to make every day.  Those decisions are generally protected under Michigan law by the so-called “business-judgment rule.”  But as numerous recent decisions make clear, the business-judgment rule is not an absolute defense to claims of oppression by minority shareholders, and the business decisions of the […]

• Michigan Department of Health and Human Services Issues Additional Guidance on Remote Work

  November 10, 2020

  Michigan Department of Health and Human Services (MDHHS) issued new guidance on Friday, November 6, 2020, which follows MDHHS’s Emergency Order (updated on October 30th) and Michigan Occupational Safety and Health Administration (MIOSHA)’s October 14th Emergency Rules (“Rules”). In particular, the new guidance specifically states that employers should allow their employees to work from home […]

• Privacy and Cybersecurity Issues Relating to Remote Work

  October 29, 2020

  COVID-19 has brought concerns about remote work into sharp relief and has forced employers to confront myriad challenges relating to privacy and cybersecurity. As businesses scrambled to find new ways to communicate and to safeguard data, cybercriminals wasted no time trying to take advantage of the pandemic. As soon as most states began requiring non-essential […]

• REMOTE WORK: LIBERATING OR A STEP INTO A BOTTOMLESS PIT?

  October 29, 2020

  The pandemic has forced employers and employees into work situations they never imagined with the widespread use of remote work as a means of continuing business operations in the face of Executive Orders precluding the performance of on-site work. Many employees relished the thought of escaping the ever-watchful eyes of supervisors and even co-workers and […]

• Michigan Occupational Safety and Health Administration Issues Emergency Rules

  October 15, 2020

  On October 14, 2020, the Michigan Occupational Safety and Health Administration (MIOSHA) issued a new set of emergency rules (“Rules”) establishing requirements for employers to control, prevent, and mitigate the spread of COVID-19. These Rules took immediate effect and remain in effect for six (6) months. The Rules establish several significant limitations on businesses and […]