Publications

• Potential Pitfalls of Derivative Claims

  June 22, 2020

  Many owners believe that if those in control of the company are taking advantage of them or the company (for example, using company funds for personal expenses) that they can simply file suit.  Unfortunately, it’s not that easy.  In order for an owner to bring such a claim, they first need to identify whether or […]

• Enter the Rainbow: Supreme Court Rules That Title VII Protects LGBTQ Workers

  June 16, 2020

  Monday, the Supreme Court in the case of Bostock v Clayton County Georgia put a spotlight on the rainbow that symbolizes the LGBTQ community by ruling that Title VII of the Civil Rights Act covers sexual orientation and gender identity. This puts an end to a deep split amongst the Federal Courts regarding the issue […]

• Congress Passes Paycheck Protection Program Flexibility Act: Key Changes to PPP Program

  June 4, 2020

  The U.S. House of Representatives and U.S. Senate have passed H.R. 7010, the Paycheck Protection Program Flexibility Act of 2020, which modifies the Paycheck Protection Program implemented as part of the CARES Act. H.R. 7010’s Key Changes to the Paycheck Protection Program Extending the “Covered Period” definition of the program from June 30, 2020, to […]

• Michigan Supreme Court Grants Application to Address “Possible Cause of Action Standard”

  May 27, 2020

  On May 22, 2020 the Michigan Supreme Court granted the plaintiffs’ application for leave in Bowman v St. John and Medical Cntr. In Bowman, the Court of Appeals reversed the trial court’s denial of the defendants’ motion for summary disposition based on expiration of the statute of limitations under the six month discovery rule. Bowman […]

• Successful Staffing After COVID-19 Closure

  May 21, 2020

  WE CAN OPEN! NOW WHAT? Michigan employers that are allowed to reopen their businesses after a COVID-19 shutdown face many issues in re-introducing their employees to the workplace. The following major issues should be on all employer’s radar during the call back process to ensure successful staffing. Compliance with Executive Order 2020-91   As explained […]

• Five Steps to Resume Michigan Business Operations

  May 19, 2020

  On the heels of the auto industry and manufacturing returning to work, it is widely expected that other Michigan employers will be allowed to resume operations in the next few weeks. Each business that is allowed to resume operations has a number of steps that it must address in order to comply with State and […]

• Executive Order (EO-64) prohibits discrimination in allocation of medical resources

  May 5, 2020

  Governor Gretchen Whitmer issued an executive order requiring hospitals to develop protocols to guide medical decision making in circumstances where demand for critical medical resources exceeds supply during the COVID-19 pandemic.  EO-64 further requires that the protocols prohibit “medical decision-making based on social stigma or stereotypes” regarding a long list of categories.  The preamble of […]

• Manufacturing Disinfectants 101: An Introduction to Regulatory Requirements

  May 4, 2020

  Since the COVID-19 outbreak, there has been a rush to enter the disinfectant industry to seize upon the significant need but short supply of disinfectant products. Because the U.S. Environmental Protection Agency (EPA) and individual states regulate disinfectants as pesticides, so many entering this market for the first time are quickly discovering the complicated steps […]

• MICHIGAN COMMERCIAL AND RESIDENTIAL CONSTRUCTION CAN RESUME MAY 7

  May 1, 2020

  After being shut down since Governor Whitmer issued Executive Order 2020-21 on March 23, 2020, Michigan commercial and residential contractors can go back to work effective 12:01 a.m. on Thursday, May 7, pursuant to the Governor’s most recent Executive Order, 2020-70, issued late afternoon on May 1. More specifically, §10 (f) of EO 2020-70 provides: […]

• Executive Order (EO-61) Fails to Clarify Scope of Immunity for Health Care Providers

  April 27, 2020

  On April 26, 2020, Michigan Governor Gretchen Whitmer issued a new executive order (EO-61) expanding certain provisions of a previously issued executive order (EO-30) which addressed immunity of health care providers.  As outlined in the prior alert, Executive Order Provides Immunity to Health Care Providers, EO-30 included a provision extending immunity from liability to “licensed […]