Author Info for Clark Hill PLC

Dana Abrahams

New Design-Build Law for School Construction Projects

For almost the last 90 years, the construction of school buildings in the state of Michigan has been subject to Public Act 306 of 1937 (the “School Building Construction Act”), which generally requires a school district to…more

Architects, Construction Industry, Construction Project, Educational Institutions, General Contractors

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Sujata Ajmera

Implications of a Government Shutdown

On January 20, 2018, the US Government formally shutdown pending approval of a federal spending bill by Congress. Though it appears Congress is working towards passage of a stop gap spending bill, in the interim, the shutdown is…more

Customs and Border Protection, Department of Labor (DOL), Government Shutdown, Immigration and Customs Enforcement (ICE), Severe Violators Enforcement Program (SVEP)

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Sally Alghazali

New presidential proclamation doubles tariffs on steel and aluminum imports

On June 3, President Trump issued a proclamation doubling tariffs on imports of steel and aluminum articles and derivative steel and aluminum articles from 25% to 50%, effective at 12:01 a.m. EDT on June 4. This action, taken…more

Aluminum Sales, Enforcement Actions, Executive Orders, Imports, International Trade

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Mark Andrews

FMCSA Practice Tips: Safety Audits for New Motor Carriers

For the past 20 years, the Federal Motor Carrier Safety Administration (FMCSA) has utilized a “New Entrant Safety Assurance Program” under 49 CFR Part 385, Subpart D for motor carriers receiving USDOT numbers for the first time…more

Audits, Department of Transportation (DOT), FMCSA, Safety Violations, Trucking Industry

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Adam Ansari

CARES Act Provides Relief to Real Estate Professionals

The CARES Act, signed into law on March 27, 2020, provides, relief from certain tax provisions enacted by the 2017 Tax Cuts and Jobs Act (TCJA) which may help real estate businesses weather the current economic storm…more

CARES Act, Eviction, Foreclosure, HUD, Rental Assistance Programs

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Tom Anson

Pairing Battery Storage with Renewables: “Co-Location” or “Hybrid”?

With increasing frequency, renewable energy developers seek to physically pair large-scale battery storage devices with solar and wind projects…more

Energy Sector, Energy Storage, FERC, ISOs, RTO

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Andrew Ayar

Main Street Lending Program Open to Businesses

As part of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) enacted by Congress and signed into law by the President last March, the Federal Reserve has made the Main Street Lending Program (the…more

Borrowers, CARES Act, Coronavirus/COVID-19, Federal Loans, Federal Reserve

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Stephon Bagne

The Use of Eminent Domain Powers to Combat COVID-19

The federal government has been delegated authority to exercise eminent domain to acquire both real and personal property, including the right to take immediate possession of that property, through the Stafford Act, which…more

Condemnation, Coronavirus/COVID-19, Eminent Domain, Property Owners

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Luke Bailey

[Webinar] Using Equity/Ownership Incentives to Retain Key Employees - February 29th, 9:00 am PT

This webinar will provide an overview of how to evaluate and implement strategies to retain your key employees and executives using equity based incentives. Join Clark Hill attorneys Jim Brophy, Brad Oxford, and Luke Bailey as…more

Employee Benefits, Employee Incentive Plans, Employee Retention, Equity, Hiring & Firing

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Thomas Ball

Clark Hill 2025 Commercial Real Estate Outlook: Hybrid Work Models and Lease Restructuring

Although the COVID-19 pandemic has ebbed from the daily lives of workers, its impact on hybrid work continues. While no consensus has emerged, the hybrid work model, which requires splitting the work week between going into the…more

Commercial Leases, Commercial Real Estate Contracts, Commercial Real Estate Market, Contract Terms, Cost Allocation

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Austin Barnum

Civil Rights Litigation in Nevada After Mack v. Williams

The Nevada Supreme Court’s opinion and analysis in Mack v. Williams (2022) have the potential to fundamentally shift civil rights litigation from the Federal to the State court, but the door will not remain open for too long and…more

NV Supreme Court, Qualified Immunity, Search & Seizure

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Mario Barrera

New Tariffs Imposed on Canada and Mexico, Tariffs Increased on China

Additional IEEPA Tariffs Imposed - On March 4, new tariffs under the International Emergency Economic Powers Act (IEEPA) went into effect on imports from Canada and Mexico…more

Canada, China, Duties, Executive Orders, Imports

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Justine Beckstrom

San Francisco v. EPA Brings the End of “End Result” NPDES Permit Requirements

In its recent decision in San Francisco v. EPA, the U.S. Supreme Court overturned a Ninth Circuit interpretation of the Clean Water Act (“CWA”), the second case in just two years where the Court has disagreed with the EPA’s…more

Clean Water Act, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), NPDES

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Jay Berger

Michigan Supreme Court Clarifies Decades-Old Dispute and Holds that Subcontractor’s Unintentional Defective Work Constitutes an “Accident” and “Occurrence” Granting Construction Manager CGL Coverage

In Skanska USA Building Inc v MAP Mechanical Contractors, Inc, (Michigan Supreme Court, Docket Nos. 159510-159511, June 29, 2020) the Michigan Supreme Court held, in a unanimous decision, that a subcontractor’s unintentional…more

Commercial General Liability Policies, General Contractors, MI Supreme Court, Subcontractors

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Peter Berk

Clark Hill 2025 Commercial Real Estate Outlook: The Number One Cybersecurity Threat Facing the Real Estate Sector

When we talk to clients about cybersecurity, it tends to conjure up images of ransomware, systems that are encrypted and inaccessible, and stolen data. For the real estate sector, ransomware isn’t the largest cybersecurity…more

Commercial Real Estate Market, Cyber Attacks, Cybersecurity, Financial Crimes, Fraud

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Charles Berry

Proposed ESG Fund Disclosure Rule Aims To Help Investment Strategies

Recently, the Securities and Exchange Commission (SEC) issued another proposed rule, which if adopted, will significantly affect the available information from Investment Advisers and Regulated Investment Funds concerning…more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Investment Funds, Investors

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Judith Blakeway

Attorney-Client Privilege Extends to Patent Agents

In a recent opinion, the Texas Supreme Court resolved a question of interest to patent attorneys—is there a privilege for communications between a patent agent and his client? In re Silver, No. 16-0682, 2018 Tex. LEXIS 171 (Tex…more

Attorney-Client Privilege, Evidence, Patent Agent Privilege, Patent Litigation, Patents

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Ali Bloom

A view from California: Privacy Agency enforcement, CCPA rulemaking and CIPA reform

There is never a boring moment in California privacy law, and these past weeks have been no exception. From major modifications to proposed California Consumer Protection Act (CCPA) rulemaking on automated decision-making and…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), CIPA, Consumer Privacy Rights, Data Protection

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Ryan Blumberg

What Debt Settlement Companies Need to Know When Working With Third Party Payment Processors (Whitepaper)

Clark Hill’s Financial Services and Regulatory Compliance Group has authored a whitepaper for debt settlement companies considering engaging a third-party payment processor for managing accounts and handling financial…more

Consumer Financial Protection Bureau (CFPB), Data Privacy, Debt Collection, Debt Settlement Services, Enforcement Actions

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Mary Bradley

Federal courts block Title VI certification requirement

On April 24, the United States District Court for the District of Columbia blocked the U.S. Department of Education’s (USDOE) efforts to enforce its interpretation of Title VI and its associated certification requirement. The…more

Appeals, Certification Requirements, Department of Education, Discrimination, Educational Institutions

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Joseph Brendel

Clark Hill 2024 Automotive & Manufacturing Industry Review: Environment, Energy & Natural Resources

The Supreme Court’s repeal of Chevron deference and multiple activities regarding per- and polyfluoroalkyl substances (PFAS) were among the significant developments for manufacturers during the first half of 2024…more

CERCLA, Contamination, Drinking Water, Enforcement Authority, Environmental Policies

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Daniel Bretz

When Can an Employer Insist on Confidentially in an HR Investigation? DC Circuit Relaxes Standard Set by NLRB

On March 25, 2017, in Banner Health Systems v NLRB, the United States Court of Appeals, District of Columbia Circuit, refused to enforce the National Labor Relations Board's (Board) Order that found that the employer violated…more

Corporate Counsel, Employer Liability Issues, NLRA, NLRB, Section 7

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Jim Brophy

[Webinar] Using Equity/Ownership Incentives to Retain Key Employees - February 29th, 9:00 am PT

This webinar will provide an overview of how to evaluate and implement strategies to retain your key employees and executives using equity based incentives. Join Clark Hill attorneys Jim Brophy, Brad Oxford, and Luke Bailey as…more

Employee Benefits, Employee Incentive Plans, Employee Retention, Equity, Hiring & Firing

See all updates »

Steven Brown

Inflation Reduction Act May Double Number of IRS Audits for High Net Worth Individuals, Corporations, Estates, and Others

Soon after the US Senate’s passing of the Inflation Reduction Act on Aug. 7, analysts began evaluating the final bill to judge its impact on taxpayers. The Act intends to raise revenue by increasing the IRS budget dramatically…more

Audits, Inflation Reduction Act (IRA), IRS

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Axel Buchwalter

Citing Sackett v. U.S., New Mexico Developing NPDES Permit Program Covering Both Federal and State Waters

In Sackett v. Environmental Protection Agency, the U.S. Supreme Court held that Clean Water Act-regulated “waters of the United States” (“WOTUS”) are limited to relatively permanent bodies of water connected to traditional…more

Clean Water Act, Environmental Protection Agency (EPA), NPDES, Permits, Regulatory Requirements

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Jordan Bullinger

Supreme Court’s Recent Decision: Perez v. Sturgis Public Schools

The United States Supreme Court recently issued a unanimous decision, Perez v. Sturgis Public Schools et al., which provides clarification about the Individuals with Disabilities Education Act’s (“IDEA”) exhaustion requirement…more

Americans with Disabilities Act (ADA), Exhaustion Doctrine, IDEA, Perez v Sturgis Public Schools, Public Schools

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Elizabeth Burke

EU Adopts Adequacy Decisions Allowing Data Flow to the UK

Personal data can continue to flow freely between Europe and the United Kingdom (UK) following an agreement by the European Union (EU) to adopt an Adequacy Decision under Article 45 of Regulation 2016/679 (the General Data…more

Data Protection, Data Transfers, EU, European Data Protection Board (EDPB), General Data Protection Regulation (GDPR)

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Lauren Burton

NREPA Amendment Prioritizes Unpaid Lake Level Assessments

Unpaid lake level special assessments levied on state-owned lands pursuant to Part 307 (Inland Lake Levels) of the Natural Resources and Environmental Protection Act (NREPA) will now receive priority for payment under the…more

Environmental Assessments, Inland Waterways, Natural Resources, Property Tax, Public Land

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Laura Calhoun

Texas Court Strikes Down DOL’s Increase in the Minimum Salary Threshold for Exempt Employees

Under the Fair Labor Standards Act (“FLSA”), most employees are entitled to be paid at least the federal minimum wage for all hours worked and overtime pay (at a rate not less than 1.5 times the regular rate of pay) for all…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary, Over-Time

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Anthony Campau

Tariffs Are Coming, What Now?

UPDATE: At 10:41 Monday morning President Trump posted on Truth Social announcing that the tariffs with respect to Mexico will be delayed by one month. “I just spoke with President Claudia Sheinbaum of Mexico. It was a very…more

Imports, International Emergency Economic Powers Act (IEEPA), International Trade, Mexico, National Security

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Stephen Campbell

EPA Adopts PFAS Drinking Water Standards Establishing de Facto Groundwater Cleanup Standards

On April 10, the U.S. Environmental Protection Agency (EPA) adopted the final National Primary Drinking Water Regulations (Rule) for six per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA),…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Jason Canvasser

Virginia Court of Appeals Clarifies “Place of Business” Licensing Requirement

Virginia’s Alcohol Beverage Control (“ABC”) Act provides that an entity seeking to ship wine to Virginia consumers must have a license to do so, and each license must “designate the place where the business of the licensee will…more

Alcohol Beverage Control, Hospitality Industry, Licensing Rules, Liquor Licences, Restaurant Industry

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Jack Carnegie

Potential Remedy for Addicks & Barker Reservoir Release Victims

On August 25, 2017, Hurricane Harvey made landfall as a Category 4 hurricane, settling in the lower Texas gulf coast and inundating southeast Texas with almost 50 inches of water over a four-day period. The storm caused flooding…more

Dams, Flood Insurance, Flooding, Hurricane Harvey, Inverse Condemnation

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Andrew Carroll

Reviewing 2024 Pennsylvania Legal Malpractice Decisions

As the calendar turns to 2025, a look back at the Pennsylvania appellate dockets shows a number of impactful legal malpractice decisions, including one that was recently reargued en banc with significant ramifications for law…more

Appellate Courts, Attorney Malpractice, Breach of Contract, Defense Strategies, Insurance Claims

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Jason Cassidy

Is Arizona Putting a Chill on Freeze-Out Mergers?

Dealing with – or being – a minority shareholder can be problematic, and friction between majority and minority owners is not uncommon. The majority owner may find itself hamstrung in its efforts to conduct business by the…more

Appraisal, Fiduciary Duty, Freeze-Out Mergers, Mergers, Minority Shareholders

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Danny Cerrone Jr.

Pennsylvania State Construction Notices Directory Is Now Available

Consistent with the October 2014 amendments to the Pennsylvania Mechanics' Lien Law, the Pennsylvania Department of General Services has created the internet-based State Construction Notices Directory (the "Directory"). The…more

Construction Industry, Contractors, Mechanics Lien, Subcontractors

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David Cessante

Have You Unknowingly Become a Joint Employer? The Potential Perils of Using Temporary Workers in the Automotive and Manufacturing Industries

For years, companies in the automotive and manufacturing industries have utilized temporary workers as a means of supplementing their regular workforce, particularly with regard to hourly staff. One of the primary reasons behind…more

Automotive Industry, Joint Employers, Manufacturers, NLRB, Staffing Agencies

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Ahmad Chamseddine

Deposit Insurance and Cryptocurrency Assets – What the FDIC Wants You To Know

On July 29, the Federal Deposit Insurance Corporation (FDIC) issued a Financial Institution Advisory Letter informing the general public that the FDIC does not insure assets issued by non-banking institutions, such as…more

Banking Sector, Cryptocurrency, FDIC, Financial Institutions, Financial Services Industry

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Lisa Chiesa

Increased Disclosure Obligations Aimed at Greater Transparency in Municipal Securities Market

On August 15, 2018, the Securities and Exchange Commission ("SEC") created new disclosure obligations for borrowers that issue debt through the municipal bond market…more

Borrowers, Disclosure Requirements, Municipal Bonds, Municipal Securities Issuers, Municipal Securities Market

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Kelsey Christensen

New presidential proclamation doubles tariffs on steel and aluminum imports

On June 3, President Trump issued a proclamation doubling tariffs on imports of steel and aluminum articles and derivative steel and aluminum articles from 25% to 50%, effective at 12:01 a.m. EDT on June 4. This action, taken…more

Aluminum Sales, Enforcement Actions, Executive Orders, Imports, International Trade

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Christopher Clare

Clark Hill 2024 Automotive & Manufacturing Industry Review: Environment, Energy & Natural Resources

The Supreme Court’s repeal of Chevron deference and multiple activities regarding per- and polyfluoroalkyl substances (PFAS) were among the significant developments for manufacturers during the first half of 2024…more

CERCLA, Contamination, Drinking Water, Enforcement Authority, Environmental Policies

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Vickie Coe

Supreme Court’s Recent Decision: Perez v. Sturgis Public Schools

The United States Supreme Court recently issued a unanimous decision, Perez v. Sturgis Public Schools et al., which provides clarification about the Individuals with Disabilities Education Act’s (“IDEA”) exhaustion requirement…more

Americans with Disabilities Act (ADA), Exhaustion Doctrine, IDEA, Perez v Sturgis Public Schools, Public Schools

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Hal Coffey

Allegheny County Property Owners Can Challenge 2022 and 2023 Taxes

Property owners in Allegheny County have a rare opportunity to significantly reduce their property taxes for 2022 and 2023 by filing an appeal by March 31. Typically property owners may only challenge their taxes for the current…more

Pennsylvania, Property Owners, Property Tax, Tax Planning

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Jonathan Cohen

In the Zone: Third Circuit Clarifies Reach of Title IX

On May 29, 2025, in Oldham v. Pa. State University, the Third Circuit Court of Appeals held that the “zone of interest” test applies to Title IX claims. See No. 22-2056, 2025 WL 1524452 (3d Cir. 2025). The plaintiff, Jennifer…more

Appeals, Educational Institutions, Employer Liability Issues, Employment Litigation, Retaliation

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Joseph Colaianne

NREPA Amendment Prioritizes Unpaid Lake Level Assessments

Unpaid lake level special assessments levied on state-owned lands pursuant to Part 307 (Inland Lake Levels) of the Natural Resources and Environmental Protection Act (NREPA) will now receive priority for payment under the…more

Environmental Assessments, Inland Waterways, Natural Resources, Property Tax, Public Land

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Clifford Cooper II

Leveraging and Protecting Cannabis Brands Following CSA Rescheduling

This is an exciting time for cannabis entrepreneurs as the US government is poised to reclassify cannabis as a Schedule III drug in a move that recognizes cannabis’ medical and therapeutic uses and may open the door for new…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Classification, Controlled Substances, DEA

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William Cramer

Non-Practicing Entities Property Employ Unique Business Model to Target the Hospitality Industry

In most high-tech industries, there have been no shortage of patent infringement lawsuits between manufacturers over the development of new device features. From a business model perspective, these lawsuits make sense in a…more

Hospitality Industry, Hotels, Patent Infringement, Patents

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Michael Cristalli

Q3 Cannabis Industry Group Newsletter

Welcome to your quarterly rundown of the latest legal, policy, and market happenings in the cannabis and hemp industry. The Cresco and Columbia Care Fallout: How Credit Monitoring Could Have Prevented It - The Cresco and…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Intellectual Property Protection, Marijuana

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Lorie Dakessian

In the Zone: Third Circuit Clarifies Reach of Title IX

On May 29, 2025, in Oldham v. Pa. State University, the Third Circuit Court of Appeals held that the “zone of interest” test applies to Title IX claims. See No. 22-2056, 2025 WL 1524452 (3d Cir. 2025). The plaintiff, Jennifer…more

Appeals, Educational Institutions, Employer Liability Issues, Employment Litigation, Retaliation

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Robert Dare

Sixth Circuit Clarifies Foreseeability and Notice Requirements Under FMLA

On Nov. 16, the United States Court of Appeals for the Sixth Circuit issued a published decision clarifying the notice requirements under the Family and Medical Leave Act (“FMLA”). The Court held that a former assembly worker’s…more

Employees, Family and Medical Leave Act (FMLA), Leave of Absence, Notice Requirements

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Patrick Degnan

Congress Proposes Changes to the Taxation of Carried Interest

On July 27, the Senate reached a deal that would raise taxes on carried interest income earned by investment managers. If enacted, the Inflation Reduction Act of 2022 (the “Act”) would amend the relatively new Section 1061 of…more

Capital Gains, Carried Interest, Income Taxes, Investment Management

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Penelope Deihl

New Executive Order Impacts Real Estate Licensees Whose Licenses Have Expired or Are Set to Expire Between April 16, 2020 and August 14, 2020

Is your California real estate license set to expire during the period between June 15, 2020, through August 14, 2020, and you need an extension to submit your renewal application and fee and complete any continuing education…more

Executive Orders, Governor Newsom, Licensees, Real Estate Professionals, Time Extensions

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Aryeh Derman

What Debt Settlement Companies Need to Know When Working With Third Party Payment Processors (Whitepaper)

Clark Hill’s Financial Services and Regulatory Compliance Group has authored a whitepaper for debt settlement companies considering engaging a third-party payment processor for managing accounts and handling financial…more

Consumer Financial Protection Bureau (CFPB), Data Privacy, Debt Collection, Debt Settlement Services, Enforcement Actions

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Jennifer Drugay Cook

July 2024 Visa Bulletin: Keep Calm and Carry On Sponsoring Nurse Green Card Cases

Foreign nationals and their sponsoring US employers eagerly await the release of the US Department of State (DOS) monthly Visa Bulletin, to confirm when they will be eligible to apply for permanent residence in the US. Updates…more

EB-3, Foreign Nationals, Foreign Workers, Green Cards, Healthcare Workers

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Shauna Duggan

EEOC’s Proposed Regulations Provide Employers with Guidance Regarding the Pregnant Workers Fairness Act

On August 11, 2023, the Equal Employment Opportunity Commission (“EEOC”) issued a Notice of Proposed Rulemaking (“NPRM”) to implement the Pregnant Workers Fairness Act (“PWFA”). The PWFA went into effect on June 27, 2023, and…more

Employee Rights, Employees, Equal Employment Opportunity Commission (EEOC), NPRM, Pregnancy

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Maria Fracassa Dwyer

2024 Title IX Regulations Struck Down - What’s Next for Higher Education?

On Jan. 9, 2025, the Eastern District of Kentucky held in State of Tennessee, et al. v. Miguel Cardona, et al. that the U.S. Department of Education’s 2024 Final Rule (“Final Rule”) implementing Title IX is “unlawful.” This…more

Civil Rights Act, Colleges, Constitutional Challenges, Department of Education, Educational Institutions

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Aidan Eames

The HSE Cyberattack: Lessons Learned

In this article, we look at the 2021 cyberattack on the Health Service Executive (“HSE”), the national healthcare provider for Ireland, and what lessons have been learned from that crisis one year post-incident…more

Crisis Management, Cyber Attacks, Cyber Crimes, Cyber Threats, Cybersecurity

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Peter Ecklund Jr.

NREPA Amendment Prioritizes Unpaid Lake Level Assessments

Unpaid lake level special assessments levied on state-owned lands pursuant to Part 307 (Inland Lake Levels) of the Natural Resources and Environmental Protection Act (NREPA) will now receive priority for payment under the…more

Environmental Assessments, Inland Waterways, Natural Resources, Property Tax, Public Land

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Andrew Edson

Supreme Court Holds that Mere Retention of Property Does Not Violate the Automatic Stay

The Supreme Court of the United States on January 14, 2021, issued a decision in the case of City of Chicago v. Fulton that favors creditors in a bankruptcy case. The Court held that a creditor’s “mere retention” of property of…more

Automatic Stay, Bankruptcy Code, Chapter 13, Chicago v Fulton, Consumer Bankruptcy

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Monique Eginli

In win for employers, the California Court of Appeal ruled prospective meal break waivers can be permissible

What is a “blanket” or “prospective” meal period waiver? California employers can offer non-exempt employees the opportunity to (1) waive their first meal period if their work period does not exceed six hours or (2) waive…more

Appeals, California, Class Action, Employee Rights, Employment Litigation

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Lisa Eldridge

The FTC Rule Banning Noncompetes Has Been Struck Down – For Now

On Aug. 20, a new federal court decision from the Northern District of Texas in Ryan LLC v. Federal Trade Commission halted enactment of the Federal Trade Commission’s (“FTC”) Rule banning noncompete agreements throughout the…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Non-Compete Agreements, Preliminary Injunctions

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Thomas Fabbri

Estate Planning Considerations for 2021

Changes in transfer tax laws could be coming under the Biden administration, especially with the Democratic party holding slim majorities in the House of Representatives and Senate. During his campaign, President Biden offered a…more

Gift-Tax Exemption, Tax Planning, Tax Policy, Transfer Taxes

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Kevin Fanning

Courts, Your Lawsuit and the Impact of COVID-19

With the health and safety of communities, court employees, jurors, parties, witnesses, and attorneys in mind, judicial systems around the country at the local, state and federal level have all issued notices advising of new…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Public Health

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Richard Fanning Jr.

The Future Is Sooner Than You Thought: Effective Dates for School Law Changes in Michigan

In 2023, the Michigan Legislature enacted a series of Public Acts that significantly changed laws impacting public education in kindergarten through grade 12. Some of these laws had specified effective dates, and others were…more

Educational Institutions, Legislative Agendas, Public Schools, State and Local Government, Students

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Joshua Farber

Clark Hill 2025 Commercial Real Estate Outlook: Key Real Estate Considerations for Data Center Development

A rapidly growing area in the real estate industry is the development and operation of data centers. This growth market comes with its challenges for real estate developers and investors, and of course, the attorneys…more

Accessibility Rules, Commercial Real Estate Market, Data Centers, Energy Sector, Landlords

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Jennifer Fay

Recent Changes in Collective Redundancy Legislation

In this article, we provide a brief outline of the recent changes in employment law relating to collective redundancies, how to avoid potential pitfalls, and explain how they can be implemented for your business…more

Compliance, Employee Rights, Employer Responsibilities, Employment Litigation, Employment Policies

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Robin Ferriby

The Corporate Transparency Act's Impact On Charities and Tax-Exempt Entities (Updated)

The Corporate Transparency Act (the “CTA”) became effective Jan. 1, 2024. The CTA’s goal is to reduce money laundering and other financial crimes by requiring the reporting of ownership and control information of businesses…more

Beneficial Owner, Charitable Organizations, Corporate Transparency Act, FinCEN, IRS

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Sean Fitzgerald

Cook County - City of Chicago Triennal Reassessment for 2018

The 2018 Reassessment for the City of Chicago is now underway. Since 2009, the property tax rate has risen from 4.6 percent to 7.1 percent, resulting in an increase of tax payment to about $7.10 for every $100.00 in equalized…more

Property Owners, Property Tax, Property Valuation, Reassessments, State and Local Government

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Richard Fladung

There’s No Place Like Home

Analysis of the 2 Prongs of the Patent Venue Statute for Domestic Corporations after the May 22, 2017 TC Heartland U.S. Supreme Court Decision. First Prong of 28 USC 1400(b) – “[a]ny civil action for patent infringement may…more

Domestic Corporations, Foreign Corporations, Forum Shopping, Patent Litigation, Personal Jurisdiction

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James Fleming

Breakin’ the Rules: NRLB Decision on Work Rules

On Aug. 2, the National Labor Relations Board (NLRB or the “Board”) issued its much-awaited decision on handbooks and work rules in Stericycle, 372 NLRB No. 113 (2023). The new and very revised standard will make it more…more

Employee Handbooks, Employee Rights, Employees, Employer Responsibilities, Employment Policies

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Mason Floyd

Illinois Supreme Court Affirms Dismissal of Data Breach Class Action for Lack of Standing

On Jan. 24, the Illinois Supreme Court, in Petta v. Christie Business Holdings Company, PC, affirmed the dismissal of a putative class action following an alleged data breach because the named plaintiff failed to allege any…more

Class Action, Consumer Privacy Rights, Data Breach, Data Privacy, Data Security

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Christian Foote

California’s Landmark Climate Disclosure Laws: State Affirms Disclosure Deadlines

On Sept. 27, California Governor Gavin Newsom signed into law Senate Bill (SB) 219, a bill that, among other things, affirms the mandatory disclosure deadlines for California’s landmark carbon accounting laws. In addition to…more

California, CARB, Climate Change, Compliance, Corporate Governance

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Lara Forde

October Is National Cybersecurity Awareness Month – Be Cyber Alert and Guard Against Phishing

This month is the 18th Annual National Cybersecurity Awareness Month in the United States, sponsored by the Cybersecurity and Infrastructure Security Agency (CISA) and the National Cyber Security Alliance. This year’s theme is…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Privacy

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Lindsay Sherwood Fouse-Hopkins

Clark Hill 2025 Commercial Real Estate Outlook: ESG & Sustainability

In 2025, the commercial real estate (CRE) industry will continue to navigate a new landscape influenced by ever-evolving ESG (Environmental, Social, and Governance) and sustainability trends. In particular, with regulatory…more

California, Commercial Real Estate Market, Deregulation, Environmental Litigation, Environmental Policies

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Robert Franke

Supreme Court Holds that Mere Retention of Property Does Not Violate the Automatic Stay

The Supreme Court of the United States on January 14, 2021, issued a decision in the case of City of Chicago v. Fulton that favors creditors in a bankruptcy case. The Court held that a creditor’s “mere retention” of property of…more

Automatic Stay, Bankruptcy Code, Chapter 13, Chicago v Fulton, Consumer Bankruptcy

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Adam Fromm

Leveraging and Protecting Cannabis Brands Following CSA Rescheduling

This is an exciting time for cannabis entrepreneurs as the US government is poised to reclassify cannabis as a Schedule III drug in a move that recognizes cannabis’ medical and therapeutic uses and may open the door for new…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Classification, Controlled Substances, DEA

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Conrad Furlich

Proposed Rulemaking: Imported Chinese Hardware for Advanced Auto Features Will Be Banned in 2029

On Sept. 26, the Department of Commerce’s Bureau of Industry and Security (BIS) and Office of Information and Communications Technology and Services (OICTS) published a Notice of Proposed Rulemaking (NPRM) entitled, “Securing…more

Automotive Industry, China, Hardware, Imports, Manufacturers

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Alexandra Fuxa Ramirez

Process to Promote the Unity and Stability of Families (Parole in Place)

President Biden announced a new program for individuals who are in the United States without inspection. Under this new program, individuals will be able to request Parole in Place from USCIS. To be eligible, individuals must…more

Biden Administration, Foreign Nationals, Immigrants, Immigration Procedures, Residence Status

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Jeffrey Gallant

Michigan Prevailing Wage Act: New registration and certification requirements for private energy and state funded projects

As discussed in our most recent installment, on July 23, 2024, Senate Bill 571 (the “Amendment”) was signed into law, adding certain private energy facility projects to the purview of the Michigan Prevailing Wage Act which only…more

Construction Contracts, Construction Industry, Energy Policy, Energy Projects, Legislative Agendas

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James-Paul Galligan

OECD Tax Deal: When Does It Become Law?

The Organisation for Economic Co-operation and Development (the “OECD”) recently announced that a landmark deal has been reached by 136 countries in an attempt to ensure that Multinational Enterprises (“MNEs”) are subject to a…more

Corporate Taxes, Multinationals, OECD, Tax Rates

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Scott Garbo

Do Architects and Engineers Owe a Legal Duty to Non-Contracting Parties?

Do architects and engineers owe a common law duty (i.e. non-contractual duty) to Contractors or Owners for alleged negligence, errors, or omissions when performing services? That answer may depend on what services are at issue…more

Architects, Construction Industry, Construction Project, Contractors, Design-Build

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Julie George

Pay Transparency Laws Are on the Rise and They Come With Surprising Complications

New York City’s Pay Transparency Law went into effect on Nov. 1. Employers with four or more employees, and at least one employee that works in New York City, must post starting and ending pay ranges on job postings and…more

Disclosure Requirements, Hiring & Firing, Job Ads, Job Applicants, Pay Transparency

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John Gierak

Federal courts block Title VI certification requirement

On April 24, the United States District Court for the District of Columbia blocked the U.S. Department of Education’s (USDOE) efforts to enforce its interpretation of Title VI and its associated certification requirement. The…more

Appeals, Certification Requirements, Department of Education, Discrimination, Educational Institutions

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Gabriella Godlewski

FTC Finalizes Click-To-Cancel Rule

The Federal Trade Commission (FTC) recently finalized and issued a new rule governing negative option features, like subscription or membership agreements with automatic renewal and recurring payment options. The rule, nicknamed…more

Cancellation Rights, Consumer Privacy Rights, Contract Terms, Disclosure Requirements, Federal Trade Commission (FTC)

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David Gorski

Artificial Intelligence and Inventorship: Federal Court of Appeals Determines That Patent Inventors Must Be Human

Inventions such as the wheel, the printing press, light bulb, telescope, microscope, transistor, microchip, and the Internet, are amazing in and of themselves. However, these, and thousands of other inventions have also provided…more

Artificial Intelligence, Computer-Related Inventions, Inventions, Inventors, Machine Learning

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Daniel Graham

Recent Illinois Act Will Change Enforceability of Non-Competition and Non-Solicitation Agreements with Illinois Employees

Illinois Governor JB Pritzker is expected to sign into law SB 672 which would amend and significantly alter the Illinois Freedom to Work Act (the “Act”). Once signed into law, the Act will directly affect the enforceability of…more

Employment Contract, Governor Pritzker, Non-Compete Agreements, Non-Solicitation Agreements, Restrictive Covenants

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Marshall Grate

Nonrenewal of Michigan School Administrator Contracts

The deadlines are approaching for the nonrenewal of public school administrative contracts. Administrator contracts are governed by Section 1229 of the Michigan Revised School Code, MCL 380.1229, which contains two crucial…more

Deadlines, Open Meetings Act, Public Schools, School Boards, School Districts

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Khari Griffin

CFPB Approves FDX Application With Conditions to Foster Transparency and Open Banking

The Consumer Financial Protection Bureau (CFPB) has approved the Financial Data Exchange’s (FDX) application to serve as a standard-setting body under the final rule for Personal Financial Data Rights, (“open banking”) pursuant…more

Consumer Financial Protection Bureau (CFPB), Data Privacy, Data Protection, Data Security, Dodd-Frank

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W. Garney Griggs

Storing Crude Oil in Rail Tank Cars Requires an Understanding of Federal HazMat Regulations

The United States is awash in oil. The Coronavirus Pandemic has collapsed global demand and at the same time, increased oil production by Saudi Arabia and Russia has caused oil supply to surge. Facing a potential need for…more

Crude Oil, Federal Railroad Administration, Hazardous Substances, Oil & Gas

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Georges Haddad

Changes to California's Proposition 65

California’s Proposition 65 applies to any product sold in California, or any location in the state. It requires that, if the product or location contains one of over 900 potentially cancer causing or reproductive toxicant…more

Chemicals, Proposition 65, Toxic Chemicals, Warning Labels

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Sam Hallman

FMCSA Practice Tips: Safety Audits for New Motor Carriers

For the past 20 years, the Federal Motor Carrier Safety Administration (FMCSA) has utilized a “New Entrant Safety Assurance Program” under 49 CFR Part 385, Subpart D for motor carriers receiving USDOT numbers for the first time…more

Audits, Department of Transportation (DOT), FMCSA, Safety Violations, Trucking Industry

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Richard Halm

Clark Hill 2025 Commercial Real Estate Outlook: The Number One Cybersecurity Threat Facing the Real Estate Sector

When we talk to clients about cybersecurity, it tends to conjure up images of ransomware, systems that are encrypted and inaccessible, and stolen data. For the real estate sector, ransomware isn’t the largest cybersecurity…more

Commercial Real Estate Market, Cyber Attacks, Cybersecurity, Financial Crimes, Fraud

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Patricia Hamill

Court Upholds Almost $2 Million In Jury Award To Male Coach On Defamation Claim Against Student Who Spread False Rumors Of Sexual Misconduct

After a male university student told his mother and girlfriend that a male coach was rumored to be having sex with one of his female players, the mother reported the rumor to the university. The university conducted a Title IX…more

Appeals, Damages, Defamation, Employment Litigation, Investigations

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Edward Hammond

2024 Benefits Limits

Happy Holidays! Employee benefits limits for 2024 have been promulgated by the government…more

401k, 403(b) Plans, Benefit Plan Sponsors, Contribution Limits, Employee Benefits

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Daniel Hartnett

Chicago U.S. Attorney Creates New Unit to Prosecute Health Fraud

On Thursday, July 20, 2017, acting U.S. Attorney for the Northern District of Illinois, Joel R. Levin, announced his office is increasing its attention on healthcare through a new Health Care Fraud Unit focused on prosecuting…more

Anti-Kickback Statute, Criminal Prosecution, Department of Justice (DOJ), Health Care Providers, Healthcare Fraud

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Yvette Heintzelman

EEOC’s Updated Guidance Provides Insight and Opportunity for Employers to Modernize Policy and Training

On April 29, the Equal Employment Opportunity Commission issued its Enforcement Guidance on Harassment in the Workplace. While not binding law, the new guidance aims to provide updated information on EEOC’s expanded view of what…more

Anti-Harassment Policies, Employee Training, Equal Employment Opportunity Commission (EEOC), Harassment, Sex Discrimination

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Mark Hellenkamp

California Supreme Court Says Vertical Exhaustion Applies to Excess Policies in Continuing Loss Cases but Insurers Still Have Contribution Rights

The California Supreme Court decided another big environmental coverage case on April 6, 2020. In Montrose Chemical Corporation of California v. The Superior Court of Los Angeles County, the court's ruling addressed the…more

Insurance Industry, Policy Terms

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Tate Hemingson

When Is Summary Judgment Evidence “On File”?

In Lance v. Robinson, No. 16-0323, 2018 Tex. LEXIS 246 (Mar. 23, 2018), the Texas Supreme Court confirmed that when deciding a summary judgment motion, a court may consider evidence not attached to the motion as long as the…more

Appeals, Deeds, Evidence, Motion for Summary Judgment, Real Estate Transfers

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Daniel Herder

A New Kind of Covid Immunity: Here’s What You Need To Know About Arizona’s New Law Protecting Businesses From Covid Lawsuits

Over the past year, the big story has been the search for vaccines to protect people from Covid-19. You can’t vaccinate a business, but Arizona businesses are now protected from liability related to Covid-19…more

Best Practices, Bodily Injury, Civil Liability, Coronavirus/COVID-19, Health and Safety

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Timothy Herman

Recent Changes to Illinois Law Affecting Residential Landlords and Property Managers Part 2

In the previous alert, we covered the Illinois Landlord and Tenant Act, along with the Radon Awareness Act and several others. Here we will go over changes to the Electric Vehicle Charging Act and how it could affect the…more

Charging Stations, Electric Vehicles, Illinois, Landlords, Property Managers

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J. Alexander Hershey

Copyright, Software and Fair Use of APIs: U.S. Supreme Court decides Google v. Oracle

It is not an understatement to say that the economy is powered by software. So when a decision comes down from the U.S. Supreme Court on the extent to which software can be owned, it deservingly acquires “landmark case” status,…more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Google

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John Hines Jr.

[Webinar] SaaS and Cloud: At the Intersection of IP and Data Protection - April 2nd, 10:00 am PT

In today's business landscape, businesses are increasingly relying on third-parties to manage their information, especially those hosting their information in the cloud. This reliance on third parties and the nature of cloud…more

Artificial Intelligence, Cloud Computing, Cloud Service Providers (CSPs), Data Management, Data Processors

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Alison Hitz

USCIS Policy Manual Update and Recent Trends in EB-2 National Interest Waiver Adjudications

The National Interest Waiver (“NIW”) is a streamlined pathway to permanent residence for foreign nationals whose current or prospective work is in the national interest and therefore merits a waiver of the labor certification…more

EB-2, Entrepreneurs, Foreign Nationals, Immigration Procedures, National Interest Waiver

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Robert Hoban

Q3 Cannabis Industry Group Newsletter

Welcome to your quarterly rundown of the latest legal, policy, and market happenings in the cannabis and hemp industry. The Cresco and Columbia Care Fallout: How Credit Monitoring Could Have Prevented It - The Cresco and…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Intellectual Property Protection, Marijuana

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Steven Hoch

San Francisco v. EPA Brings the End of “End Result” NPDES Permit Requirements

In its recent decision in San Francisco v. EPA, the U.S. Supreme Court overturned a Ninth Circuit interpretation of the Clean Water Act (“CWA”), the second case in just two years where the Court has disagreed with the EPA’s…more

Clean Water Act, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), NPDES

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Eric Hocky

Storing Crude Oil: Do Rail Tank Cars Become EPA-Regulated Storage Vessels?

As discussed in our prior alert and reported on by the New York Times, U.S. oil producers are scrambling to find storage to wait-out the COVID-19-driven supply glut and depressed market prices. Converting non-conventional…more

Crude Oil, Environmental Protection Agency (EPA), Hazardous Substances, Oil & Gas, PHMSA

See all updates »

Audrey Hornisher

Will Commercial Real Estate Sink or Swim in 2024?

In 2024, we anticipate that the commercial real estate industry will continue to face distress with some stabilization. This alert focuses on three subsets of the commercial real estate market: retail, office, and multi-family…more

Commercial Property Owners, Commercial Real Estate Market, Debt, Financial Distress, Multi-Family Housing

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John Howard

California Privacy Protection Agency Shuts Down Data Brokerage Through Delete Act Enforcement

The California Privacy Protection Agency (“CPPA”) has moved forward with an enforcement action and settlement with two data brokers resulting from its investigative sweep of data broker registration compliance under the…more

California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Data Breach, Data Brokers, Data Privacy

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Vanessa Huber

Using the First Amendment to Uphold DEI Initiatives

In Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., 600 U.S. 181 (2023), the Supreme Court all but ended affirmative action and held, inter alia, that race-conscious admissions policies in higher…more

Affirmative Action, Civil Rights Act, Constitutional Challenges, Corporate Counsel, Department of Justice (DOJ)

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Bradford Hughes

Sesame’s Major Allergen Designation to Impact Food Industry

A new year has arrived, and with it come new FDA requirements governing the labeling and safe handling of sesame and sesame-containing food products. The seed, a popular ingredient in foods across the world, has joined the list…more

Fast-Food Industry, Federal Food Drug and Cosmetic Act (FFDCA), Food Allergies, Food and Drug Administration (FDA), Food Labeling

See all updates »

Tiffany Hunter

Online Providers of Third Party Content Cannot be Forced to Remove Defamatory Statements

People turn to the internet to find reputable businesses, compliment a local coffee shop, and even lambaste the service at a nearby restaurant. The ubiquitous influence of online ratings, rants, and reviews is felt by consumers…more

Communications Decency Act, Defamation, Immunity, Online Reviews, Section 230

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Andrea Iturbide

Tax Incentives for Taxpayers, Promoting Innovation and Dual Training Programs

On Jan. 21, the “Executive order that grants tax incentives to support the national strategy called “Plan Mexico” to encourage new investments, dual training programs, and promote innovation” (the “Decree”) was published in the…more

Economic Development, Executive Orders, Foreign Investment, Infrastructure, Innovation

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Earsa Jackson

FTC Issues Final Rule on Junk Fees

On Dec. 17, the Federal Trade Commission issued its final rule on junk fees entitled “Rule on Unfair or Deceptive Fees” which will become effective 120 days after publication in the Federal Register. This rulemaking process…more

Compliance, Disclosure Requirements, Excessive Fees, Federal Trade Commission (FTC), Fees

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Bryan Jacoutot

CHPS Podcast Episode 2: Bitcoin in the Halls of Power

In this episode of 'CHPS of Insight,' host Chris White sits down with Bryan Jacoutot, Senior Director of Clark Hill Public Strategies and Clark Hill Economics, to discuss the U.S. federal and state approaches to Bitcoin and…more

Bitcoin, Cryptocurrency, Digital Assets, Executive Orders, Financial Regulatory Reform

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Nina Jankowski

What the Revised Earned Sick Time Act Means for Michigan Employers

On Feb. 21, Governor Whitmer signed an amendment to the Earned Sick Time Act (“ESTA”), which became effective immediately. The law requires most Michigan employers to permit employees to accrue and use paid earned sick time…more

Earned Sick Time, Employee Benefits, Employee Definition, Employee Rights, Employees

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Myriah Jaworski

A view from California: Privacy Agency enforcement, CCPA rulemaking and CIPA reform

There is never a boring moment in California privacy law, and these past weeks have been no exception. From major modifications to proposed California Consumer Protection Act (CCPA) rulemaking on automated decision-making and…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), CIPA, Consumer Privacy Rights, Data Protection

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Kraig Jennett

Sesame’s Major Allergen Designation to Impact Food Industry

A new year has arrived, and with it come new FDA requirements governing the labeling and safe handling of sesame and sesame-containing food products. The seed, a popular ingredient in foods across the world, has joined the list…more

Fast-Food Industry, Federal Food Drug and Cosmetic Act (FFDCA), Food Allergies, Food and Drug Administration (FDA), Food Labeling

See all updates »

P. Michael Jung

In Appellate Courts, (Seemingly Almost) Every Day’s a Holiday

As this is being written, the office is quiet because it’s a federal holiday, and the weather forecasters are predicting Snowmageddon (defined as a 1% or more chance of one or more particles of frozen precipitation falling…more

Appellate Courts, Appellate Rules, Deadlines, Filing Deadlines, Holidays

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Sue Junn

Recent Developments to the California Consumer Privacy Act: How They Impact Your Organization’s Compliance Efforts

As the California Consumer Privacy Act’s (CCPA) January 1, 2020 compliance deadline rapidly approaches, businesses need to assess what actions are necessary in light of recent developments…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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Mallory Kallabat

Estate Planning Considerations for 2021

Changes in transfer tax laws could be coming under the Biden administration, especially with the Democratic party holding slim majorities in the House of Representatives and Senate. During his campaign, President Biden offered a…more

Gift-Tax Exemption, Tax Planning, Tax Policy, Transfer Taxes

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Kamin Kamali

How Bankruptcy Courts Interpret Intercreditor Agreements: The Uncertainty of Judicial Perspective

Intercreditor Agreements typically are contractual arrangements among lenders of similar or differing priorities to a single borrower secured by the assets of the borrower, often including real estate assets. These multiple…more

Bankruptcy Code, Bankruptcy Court, Borrowers, Chapter 11, Commercial Bankruptcy

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Andrea Kanski

2017 Creditor Protection Update: Protecting Your Assets with a "DAPT"

On December 5, 2016, Michigan joined Alaska, Delaware, Nevada, Utah and South Dakota as one of the 17 states that permit the use of irrevocable self-settled asset protection trusts for purposes of creditor protection planning…more

Asset Protection, Creditors, Domestic Asset Protection Trust (DAPT), Grantors, Irrevocable Trusts

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Farley Katz

Warning for Taxpayers Prepaying Real Property Taxes in 2017

Under a new law enacted as part of the Tax Cuts and Jobs Act of 2017, effective January 1, 2018, individuals’ combined federal income tax deduction for state and local income, sales, and property taxes is limited to $10,000. For…more

IRS, Property Tax, State Taxes, Tax Cuts and Jobs Act, Tax Deductions

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Lauri Kavulich

What Employers Need to Know About Pennsylvania's New Medical Marijuana Act

SB3, the Pennsylvania Medical Marijuana Act, was signed into law last week. Employers need to take note because employees have protections in the workplace under this Act, and the law specifically sets forth parameters on how…more

Anti-Retaliation Provisions, Decriminalization of Marijuana, Employer Liability Issues, Employment Discrimination, Employment Policies

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Michael Keeley

Direct Means Proximate? Oregon District Court Holds Ransomware Payment Is a Direct Loss

In yet another troubling decision to the crime insurance industry, on Dec. 6, a federal district court, applying Oregon law, found coverage for a ransomware payment under a Computer Fraud insuring agreement. Yoshida Foods Int’l,…more

Cyber Attacks, Fraud, Hackers, Ransomware

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Douglas Kelly

NREPA Amendment Prioritizes Unpaid Lake Level Assessments

Unpaid lake level special assessments levied on state-owned lands pursuant to Part 307 (Inland Lake Levels) of the Natural Resources and Environmental Protection Act (NREPA) will now receive priority for payment under the…more

Environmental Assessments, Inland Waterways, Natural Resources, Property Tax, Public Land

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Vanessa Kelly

2024 Title IX Regulations Struck Down - What’s Next for Higher Education?

On Jan. 9, 2025, the Eastern District of Kentucky held in State of Tennessee, et al. v. Miguel Cardona, et al. that the U.S. Department of Education’s 2024 Final Rule (“Final Rule”) implementing Title IX is “unlawful.” This…more

Civil Rights Act, Colleges, Constitutional Challenges, Department of Education, Educational Institutions

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Kevin Dooley Kent

The Cannabis Cure for the Public Pension Crisis

Pensions are, and have been, an important compensation component for public employees, including teachers, police, fire, and other municipal positions. However, limited funds and riskier investments are threatening pension funds…more

Bankruptcy Court, Cannabis-Related Businesses (CRBs), Debt Restructuring, Employee Benefits, Excise Tax

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Owen Keogh

Recent Changes in Collective Redundancy Legislation

In this article, we provide a brief outline of the recent changes in employment law relating to collective redundancies, how to avoid potential pitfalls, and explain how they can be implemented for your business…more

Compliance, Employee Rights, Employer Responsibilities, Employment Litigation, Employment Policies

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Thomas Keranen

Act 341 Amendments To Residential Builders Occupational Code Address When a Builder Needs a Residential Builder’s License

Michigan’s Occupational Code (“Code”) requires builders of residential structures to be licensed as a "residential builder." Under the Code, the definition of “residential structure” is very broad and includes almost any type of…more

Construction Industry, Construction Project, Licenses, Real Estate Development

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Adam Kessler

CARES Act Provides Relief to Real Estate Professionals

The CARES Act, signed into law on March 27, 2020, provides, relief from certain tax provisions enacted by the 2017 Tax Cuts and Jobs Act (TCJA) which may help real estate businesses weather the current economic storm…more

CARES Act, Eviction, Foreclosure, HUD, Rental Assistance Programs

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Karen Kett

Clark Hill 2023 Automotive & Manufacturing Industry Outlook: Immigration Update

Labor Shortages in Key Professional and Technical Positions - Despite recent layoffs in many industries, automotive and manufacturing employers continue to experience difficulty hiring for key professional and technical…more

Automotive Industry, F-1 Visa, Foreign Workers, Green Cards, H-1B

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Daniel Kinsella

Collective Bargaining Agreement Protects Company From BIPA Suit by Non-Union Employee

On July 2, Judge Sunil Harjani of the Northern District of Illinois issued an opinion in Sanders v. E.A. Sween Company holding that an employee who was not a member of a union, but was a member of a collective bargaining unit…more

Biometric Information, Biometric Information Privacy Act, Collective Bargaining, Data Collection, Employee Privacy Rights

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Lidia Koelbel

Texas Federal Court's Invalidation of 2023 NLRB Joint Employer Rule Buys Employers Time

The United States District Court for the Eastern District of Texas just struck down the National Labor Relations Board’s (NLRB) new rule that broadened the test for determining when separate businesses may be considered joint…more

Employees, Franchises, Joint Employers, NLRA, NLRB

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Ray Koenig III

New Law Expands the Duties of a Guardian of a Ward’s Person

The addition of subsection (g) to 755 ILCS 5/11a-17, effective January 1, 2017, expanded the rights of family members of a legally disabled adult (a “ward”) and added to the duties of a guardian of the ward’s person. Absent a…more

Disability, Guardians, Special Needs Adults

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Mark Kossow

Unique Tax Deferral Opportunity with an ESOP Sale

Under a specific set of facts, a C-corporation sale to an ESOP may be able to utilize the tax provision benefits of combining Section 1202 of the Internal Revenue Code of 1986, as amended (the “Code”) and Code Section 1042…more

C-Corporation, ESOP, Internal Revenue Code (IRC), Tax Deferral

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Amy Lachowicz

The U.S. Department of Labor's Shift in Policy: A Win for Businesses?

On June 7, 2017, the Secretary of Labor announced that the Department of Labor is withdrawing its Obama-era Wage and Hour Administrator's Administrative Interpretations addressing joint employment and independent contractors…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Independent Contractors, Joint Employers

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Patrick Larkin

Coming Soon: New Greenhouse Gas and Climate-Related Financial Disclosure Obligations Affecting the Government Contracting Community

Many federal contractors may soon be required to evaluate and disclose their greenhouse gas emissions and climate-related financial risk. The proposed rule to implement these new requirements has not yet been published, but it…more

Climate Change, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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Zachary Larsen

U.S. Supreme Court Issues Ruling in Clean Water Act Case

On May 23, the U.S. Supreme Court issued its ruling in Sackett v. Environmental Protection Agency (Sackett II). The decision caps the long-running saga about how to define “Waters of the United States” (WOTUS) under the Clean…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett v EPA, SCOTUS

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Michael Laszlo

When does a converted entity or a merged entity need a new Employer Identification Number from the IRS?

What is an EIN? An EIN is a federal tax ID number for an entity, estate, trust, or other organization. For example, the following are generally required to obtain an EIN: partnerships, limited liability companies (“LLC”),…more

Business Entities, Employer Identification Number (EIN), IRS, Mergers, Taxation

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Theodore Laszlo Jr.

When does a converted entity or a merged entity need a new Employer Identification Number from the IRS?

What is an EIN? An EIN is a federal tax ID number for an entity, estate, trust, or other organization. For example, the following are generally required to obtain an EIN: partnerships, limited liability companies (“LLC”),…more

Business Entities, Employer Identification Number (EIN), IRS, Mergers, Taxation

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Mariah Leffingwell

SEC Announces Cyber and Emerging Technologies Unit

On Feb. 20, the Securities and Exchange Commission announced the creation of the Cyber and Emerging Technologies Unit (CETU) stating its focus will be on “combatting cyber-related misconduct and to protect retail investors from…more

Blockchain, Cryptoassets, Cryptocurrency, Cybersecurity, Emerging Technologies

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Alexander Lindamood

Requirements for Posting School District Information to Website Transparency Page

The State School Aid Act, MCL 388.1618, requires all Michigan public school districts to make a number of accounting resources and documents available on the school district’s publicly accessible website for transparency…more

Educational Institutions, Public Schools, Reporting Requirements, School Districts, Transparency

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Aristeo Lopez

New presidential proclamation doubles tariffs on steel and aluminum imports

On June 3, President Trump issued a proclamation doubling tariffs on imports of steel and aluminum articles and derivative steel and aluminum articles from 25% to 50%, effective at 12:01 a.m. EDT on June 4. This action, taken…more

Aluminum Sales, Enforcement Actions, Executive Orders, Imports, International Trade

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Christopher Lucca

Using the First Amendment to Uphold DEI Initiatives

In Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., 600 U.S. 181 (2023), the Supreme Court all but ended affirmative action and held, inter alia, that race-conscious admissions policies in higher…more

Affirmative Action, Civil Rights Act, Constitutional Challenges, Corporate Counsel, Department of Justice (DOJ)

See all updates »

Kody Luczak

Changes Take Effect for Florida Rules of Civil Procedure

Recently, the Florida Supreme Court amended the Florida Rules of Civil Procedure, and two notable changes took effect on July 1. First, the Florida Supreme Court is amending Rule 1.110 to require any party who sets forth any…more

Affirmative Defenses, Arbitration, Dispute Resolution, FL Supreme Court, Florida

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Mark Ludwikowski

New presidential proclamation doubles tariffs on steel and aluminum imports

On June 3, President Trump issued a proclamation doubling tariffs on imports of steel and aluminum articles and derivative steel and aluminum articles from 25% to 50%, effective at 12:01 a.m. EDT on June 4. This action, taken…more

Aluminum Sales, Enforcement Actions, Executive Orders, Imports, International Trade

See all updates »

J. Thomas MacFarlane

Estate Planning Considerations for 2021

Changes in transfer tax laws could be coming under the Biden administration, especially with the Democratic party holding slim majorities in the House of Representatives and Senate. During his campaign, President Biden offered a…more

Gift-Tax Exemption, Tax Planning, Tax Policy, Transfer Taxes

See all updates »

Jay Majitov

Shifting Cannabis Standards in Pennsylvania: Probable Cause and Outside Ingredients

Statewide recall of vaporized products with non-cannabis derived ingredients. After conducting a statewide review of all vaporized medical marijuana products, on February 4th, 2022, the Medical Marijuana Office of Pennsylvania…more

Medical Marijuana, Product Recalls, State Health Departments, Vaping

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Rebecca Mancini

Clark Hill 2023 Automotive & Manufacturing Industry Outlook: Immigration Update

Labor Shortages in Key Professional and Technical Positions - Despite recent layoffs in many industries, automotive and manufacturing employers continue to experience difficulty hiring for key professional and technical…more

Automotive Industry, F-1 Visa, Foreign Workers, Green Cards, H-1B

See all updates »

Catalina Mandujano

Tax Incentives for Taxpayers, Promoting Innovation and Dual Training Programs

On Jan. 21, the “Executive order that grants tax incentives to support the national strategy called “Plan Mexico” to encourage new investments, dual training programs, and promote innovation” (the “Decree”) was published in the…more

Economic Development, Executive Orders, Foreign Investment, Infrastructure, Innovation

See all updates »

Justin Marks

Storing Crude Oil: Do Rail Tank Cars Become EPA-Regulated Storage Vessels?

As discussed in our prior alert and reported on by the New York Times, U.S. oil producers are scrambling to find storage to wait-out the COVID-19-driven supply glut and depressed market prices. Converting non-conventional…more

Crude Oil, Environmental Protection Agency (EPA), Hazardous Substances, Oil & Gas, PHMSA

See all updates »

David Marr

U.S. Supreme Court’s Decision in Abitron Austria GMBH et al. v. Hetronic International, Inc. Underscores the Need for Foreign Trademark Registration and Enforcement

On June 29, the United States Supreme Court issued its highly anticipated decision regarding the foreign reach of the Lanham Act, the federal statute that prohibits trademark infringement. The decision confirms the territorial…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Foreign Entities, Foreign Sales, Intellectual Property Protection

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Matthew Marshall

California Supreme Court holds that limitations of liability provisions are unenforceable for willful conduct under Civil Code section 1668

In response to a request from the Ninth Circuit Court of Appeals to interpret the scope of California Civil Code section 1668 and its rule that parties may not contract away liability for “willful injury to the person or…more

Appeals, Breach of Contract, Business Litigation, California, Contract Disputes

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Leslie Martin

Business Agility for the New Normal

Major disruptions caused by unexpected changes in business conditions can hit at any time and with little warning. Simply having a business continuity plan is not sufficient, particularly if it has not been completed, resourced,…more

Business Continuity Plans, Business Operations, Coronavirus/COVID-19, Risk Management

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Jonathan Martone

How to Break Through a "No-Contest Clause" in a Will or Trust in Michigan

After much thought and consideration, Alice decided to update her Last Will and Testament to change the amounts her two sons, Bob and Charles, will receive upon her death. Instead of dividing her estate equally between Bob and…more

Estate Planning, No Contest Clause, Probable Cause, Wills

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Jadd Masso

Another Bite At The Apple, Another Opportunity for Appeal

Many interlocutory orders in Texas state court can be immediately appealed, but only if a notice of appeal is filed within 20 days. The Texas Supreme Court, in City of Magnolia 4A Development Corporation v. Smedley, recently…more

Governmental Immunity, Interlocutory Appeals, Motion to Dismiss, Municipalities, Summary Judgment

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Jack McCaffrey

Ninth Circuit Issues Decision Clarifying Protein Labeling Requirements

On Aug. 14, the Ninth Circuit issued its decision in Nacarino v. Kashi Co., providing some much-needed clarity to the FDA’s protein labeling requirements. The decision dealt with two separate cases from the Northern District of…more

Advertising, False Advertising, Food and Drug Administration (FDA), Food Labeling, Manufacturers

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Joseph McCarthy

The Corporate Transparency Act's Impact On Charities and Tax-Exempt Entities (Updated)

The Corporate Transparency Act (the “CTA”) became effective Jan. 1, 2024. The CTA’s goal is to reduce money laundering and other financial crimes by requiring the reporting of ownership and control information of businesses…more

Beneficial Owner, Charitable Organizations, Corporate Transparency Act, FinCEN, IRS

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Timothy McCarthy

Fair Use and Warhol’s Prince Silkscreens

Last week, the Supreme Court decided an important copyright case on the question of fair use in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 2023 WL 3511534…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Copyright Litigation, Fair Use, Intellectual Property Protection

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Lindsay McDonald Dugan

Balancing the Scales: Court Awards Limited Attorney Fees in Lengthy Title IX Due Process Case

In this long-running suit against the University of Michigan by a male student accused of sexual assault in 2018, the Court awarded plaintiff $65,067.55 in attorney fees (out of $210,558.15 requested) and $3,982.37 in costs. The…more

Appeals, Attorney's Fees, Due Process, Educational Institutions, Litigation Strategies

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Mark McInerney

6th Circuit Clarifies Rules for Disciplining Students for Off-Campus Speech and Conduct

On June 2, the 6th Circuit Court of Appeals – the federal appellate court whose rulings are applicable in Michigan – issued a decision that clarifies the circumstances under which a school district may discipline a student for…more

Code of Conduct, Discipline, Harassment, School Districts, School Policies

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Lindsey Medina

Travel During COVID – How Do I Get My Critical Employees Into the US?

The ongoing COVID-19 pandemic continues to cause major challenges to international travel, deeply impacting Automotive and Manufacturing employers’ ability to move their global workforce to where they are needed. Far-reaching…more

Automotive Industry, Coronavirus/COVID-19, Corporate Counsel, Foreign Workers, International Travel

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Kurt Miller

Pennsylvania Supreme Court Holds that Former Employees are Not Entitled to Inspect their Personnel Files

It is an issue that human resources professionals frequently face. An employee is discharged. The employee, or the employee's attorney, demands the opportunity to inspect the employee's personnel file to determine whether the…more

Employer Liability Issues, Former Employee, Hiring & Firing, Human Resources Professionals

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James Morrison

The H-1B CAP Has Been Reached

On April 6, 2018, U.S. Citizenship and Immigration Services ("USCIS") announced that between April 2, 2018 and April 6, 2018, USCIS received more than enough applications for new H-1B visas for the 2019 government fiscal year…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigrants, Immigration Procedures

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Kevin Morse

Clark Hill 2023 Automotive & Manufacturing Industry Outlook: Restructuring and Bankruptcy

Tip of the Iceberg or Puddle of Nothing - As the world unexpectedly shut down in March 2020, financial and restructuring professionals across the country expected the global economy to dive into another great recession or worse…more

Automotive Industry, Bankruptcy Court, Chapter 11, Debt Restructuring

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Jeremy Motz

Michigan Prevailing Wage Act: New registration and certification requirements for private energy and state funded projects

As discussed in our most recent installment, on July 23, 2024, Senate Bill 571 (the “Amendment”) was signed into law, adding certain private energy facility projects to the purview of the Michigan Prevailing Wage Act which only…more

Construction Contracts, Construction Industry, Energy Policy, Energy Projects, Legislative Agendas

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Jacques Moye

Clark Hill 2025 Commercial Real Estate Outlook: Key Real Estate Considerations for Data Center Development

A rapidly growing area in the real estate industry is the development and operation of data centers. This growth market comes with its challenges for real estate developers and investors, and of course, the attorneys…more

Accessibility Rules, Commercial Real Estate Market, Data Centers, Energy Sector, Landlords

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Madison Mull

Surprise, Surprise: The “Sad Beige Lawsuit” ends

The high-profile “Sad Beige Lawsuit” has ended between two prominent social media influencers, which begged the question, can you protect a personal “aesthetic” or “vibe?” On May 28, influencer Sydney Nicole Gifford voluntarily…more

Copyright Infringement, Copyright Litigation, Dispute Resolution, DMCA, Influencers

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James Murphy

Clark Hill 2023 Automotive & Manufacturing Industry Outlook: Intellectual Property

The Impact of SEPs on EV Design and Development - Historically, issues with Standard-Essential Patents (“SEPs”) involved the information technology industries and did not heavily impact the automotive industry. That is changing…more

Automotive Industry, Electric Vehicles, Information Technology, Standard Essential Patents, Standard Setting Organizations

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Joann Needleman

What Debt Settlement Companies Need to Know When Working With Third Party Payment Processors (Whitepaper)

Clark Hill’s Financial Services and Regulatory Compliance Group has authored a whitepaper for debt settlement companies considering engaging a third-party payment processor for managing accounts and handling financial…more

Consumer Financial Protection Bureau (CFPB), Data Privacy, Debt Collection, Debt Settlement Services, Enforcement Actions

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Rafael Nendel-Flores

Supreme Court Clarifies Burden of Proof in FLSA Exemption Cases, Leaves Key Questions Unanswered

On Jan. 15, the United States Supreme Court issued its decision in E.M.D. Sales, Inc. v. Carrera, which clarified that employers need only prove that an employee is exempt from the Fair Labor Standards Act (“FLSA”) by a…more

Burden of Proof, Employer Liability Issues, Employer Responsibilities, Employment Litigation, Employment Policies

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Amelia Newton

The Illinois Gender Violence Act Now Covers Illinois Employers

Until recently, the Illinois Gender Violence Act, 740 ILCS 82/1 et seq. (“IGVA” or “Act”), did not provide a private cause of action against corporate employers whose employees may have committed gender-related violence. This…more

Civil Rights Act, Employer Liability Issues, Gender Violence Acts, Gender-Based Violence, Harassment

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Sean Nolan

End of an Era for Virtual AGMs and EGMs of Irish Companies?

Amongst the many pro-business responses of the Irish Government to the challenges presented by the onset of Covid-19 in 2020 was the swiftly-enacted Companies (Miscellaneous Provisions)(Covid-19) Act 2020 (the “Covid-19 Act”)…more

Coronavirus/COVID-19, Corporate Governance, Ireland, Shareholder Meetings, Shareholders

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Thomas Nowinski

2017 Creditor Protection Update: Protecting Your Assets with a "DAPT"

On December 5, 2016, Michigan joined Alaska, Delaware, Nevada, Utah and South Dakota as one of the 17 states that permit the use of irrevocable self-settled asset protection trusts for purposes of creditor protection planning…more

Asset Protection, Creditors, Domestic Asset Protection Trust (DAPT), Grantors, Irrevocable Trusts

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Michael Nowlan

The H-1B CAP Has Been Reached

On April 6, 2018, U.S. Citizenship and Immigration Services ("USCIS") announced that between April 2, 2018 and April 6, 2018, USCIS received more than enough applications for new H-1B visas for the 2019 government fiscal year…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigrants, Immigration Procedures

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Laura Reilly O'Hara

CMS Releases Interim Final Rule Mandating COVID-19 Vaccination for Healthcare Employees

On Nov. 4, the Centers for Medicare & Medicaid Services (“CMS”) released its highly anticipated Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule, which upon publication in the Federal Register will mandate…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Healthcare Workers, Vaccinations

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Donal O'Loinsigh

Mediation: The Smart Solution for Risk Mitigation, Confidentiality, and Swift Conclusion of Disputes

In this article, we briefly outline the current landscape of mediation in Ireland and how it is increasingly a go-to tool for resolving complex disputes. What is Mediation?…more

Confidential Information, Dispute Resolution, Evidence, Ireland, Mediation

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James Olson

Consolidated Appropriations Act Added Flexible Spending Account Options

In late December, President Trump signed The Consolidated Appropriations Act (CAA) into law. The law makes temporary changes to the rules governing health flexible spending accounts (Health FSAs) and dependent care flexible…more

Consolidated Appropriations Act (CAA), Dependent Care, Employee Benefits, Flexible Spending Accounts, Health and Welfare Plans

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David Ovard

The FTC Rule Banning Noncompetes Has Been Struck Down – For Now

On Aug. 20, a new federal court decision from the Northern District of Texas in Ryan LLC v. Federal Trade Commission halted enactment of the Federal Trade Commission’s (“FTC”) Rule banning noncompete agreements throughout the…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Non-Compete Agreements, Preliminary Injunctions

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Brad Oxford

2025 Benefits Limits

Happy Holidays! Employee benefits limits for 2025 have been promulgated by the government. Click the link below to view 2024-2025 comparisons of important employee benefits limits…more

401k, 403(b) Plans, 457(b) Plans, Benefit Plan Sponsors, Compensation & Benefits

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Nicholas Papasifakis

Estate Planning Considerations for 2021

Changes in transfer tax laws could be coming under the Biden administration, especially with the Democratic party holding slim majorities in the House of Representatives and Senate. During his campaign, President Biden offered a…more

Gift-Tax Exemption, Tax Planning, Tax Policy, Transfer Taxes

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Aditya Patel

When does a converted entity or a merged entity need a new Employer Identification Number from the IRS?

What is an EIN? An EIN is a federal tax ID number for an entity, estate, trust, or other organization. For example, the following are generally required to obtain an EIN: partnerships, limited liability companies (“LLC”),…more

Business Entities, Employer Identification Number (EIN), IRS, Mergers, Taxation

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Chirag Patel

A view from California: Privacy Agency enforcement, CCPA rulemaking and CIPA reform

There is never a boring moment in California privacy law, and these past weeks have been no exception. From major modifications to proposed California Consumer Protection Act (CCPA) rulemaking on automated decision-making and…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), CIPA, Consumer Privacy Rights, Data Protection

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Michael Pattwell

The City of Detroit Considers a Revised Proposed Adult Use Marijuana Ordinance

Last month, the City of Detroit began the process of considering a revised adult use marijuana ordinance. Application processing for recreational marijuana licenses under the City’s prior ordinance was previously enjoined on…more

City Councils, Decriminalization of Marijuana, Local Ordinance, Marijuana Related Businesses, Proposed Legislation

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Alex Perez

Clark Hill 2023 Automotive & Manufacturing Industry Outlook: Mexico Update

The automotive industry is fundamental to Mexico’s development and key to its economic growth. To understand the importance of the automotive industry in Mexico, below are some representative figures: Largest source of foreign…more

Automotive Industry, Infrastructure, Manufacturers, Mexico, Motor Vehicles

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Lauren Perez

SEC Expands “Accredited Investor” Definition in Rule 501(a)

On August 26, 2020, the Securities and Exchange Commission (SEC) adopted amendments to expand the “Accredited Investor” definition in Rule 501(a) of the Securities Act of 1933, as amended (Securities Act). The amendments expand…more

Accredited Investors, Asset Management, Investors, Private Offerings, Rule 501(a)

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Hillary Popejoy

Post-COVID-19 Business Planning and Communications

What will businesses look like as COVID-19 shelter-in-place requirements are lifted and organizations begin restarting their economic engines? After every major event in American history, life and business were changed forever…more

Business Operations, Coronavirus/COVID-19, Re-Opening Guidelines, Shareholders

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Chad Poznansky

Clark Hill 2025 Commercial Real Estate Outlook: Hybrid Work Models and Lease Restructuring

Although the COVID-19 pandemic has ebbed from the daily lives of workers, its impact on hybrid work continues. While no consensus has emerged, the hybrid work model, which requires splitting the work week between going into the…more

Commercial Leases, Commercial Real Estate Contracts, Commercial Real Estate Market, Contract Terms, Cost Allocation

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William Price

Prison for Bankruptcy Fraud Where Creditors Paid 100%

On November 7, 2017, a panel of the Third Circuit, in an unreported decision, upheld the District Court’s determination that intended loss equaled the amount of concealed assets in a bankruptcy fraud case in which creditors were…more

Bankruptcy Code, Chapter 13, Chapter 7, Creditors, Fraud

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Gabe Racz

San Francisco v. EPA Brings the End of “End Result” NPDES Permit Requirements

In its recent decision in San Francisco v. EPA, the U.S. Supreme Court overturned a Ninth Circuit interpretation of the Clean Water Act (“CWA”), the second case in just two years where the Court has disagreed with the EPA’s…more

Clean Water Act, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), NPDES

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Thomas Ragland

The U.S. Government is Shut Down but Most Immigration Agencies are Operating

As the U.S. Government shutdown begins, many are left wondering about how such a shutdown may impact immigration-related agencies. The U.S. Department of Labor (DOL) is impacted the most. Typically, if a U.S. government shuts…more

Customs and Border Protection, Department of Labor (DOL), Government Shutdown, Immigration and Customs Enforcement (ICE), OFLC

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Sunaina Ramesh

Florida’s Digital Bill of Rights Becomes Law

Florida enacted a new data privacy law that mirrors similar privacy laws in other states such as Virginia, Colorado, and Utah. Senate Bill 262, otherwise known as the Florida Digital Bill of Rights (“FDBR”), was signed into…more

Consumer Privacy Rights, Cybersecurity, Data Privacy, Online Platforms, Personal Data

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Elsy Ramos Velasquez

Process to Promote the Unity and Stability of Families (Parole in Place)

President Biden announced a new program for individuals who are in the United States without inspection. Under this new program, individuals will be able to request Parole in Place from USCIS. To be eligible, individuals must…more

Biden Administration, Foreign Nationals, Immigrants, Immigration Procedures, Residence Status

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Jessica Reilly

European Commission Gives Green Light on Antitrust Investigation into Insurance Ireland Data Pooling System

On May 14, 2019, the European Commission announced a formal antitrust investigation into Insurance Ireland’s data pooling system to reconcile its guidelines and conditions against competition laws that prevent unfair competitive…more

Antitrust Investigations, Competition, EU, European Commission, Treaty on the Functioning of the European Union (TFEU)

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Lisa Reimbold

Cannabis Law Podcast - Joint Considerations for Cannabis Industry Employers

Clark Hill's Carolyn Horton sits down with Labor & Employment attorneys Stephanie Rawitt, Charles Russman, and Lisa Reimbold to discuss: diverse cannabis employee benefits; the state and local employment laws cannabis businesses…more

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Hannah Reisdorff

What the Revised Earned Sick Time Act Means for Michigan Employers

On Feb. 21, Governor Whitmer signed an amendment to the Earned Sick Time Act (“ESTA”), which became effective immediately. The law requires most Michigan employers to permit employees to accrue and use paid earned sick time…more

Earned Sick Time, Employee Benefits, Employee Definition, Employee Rights, Employees

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Steven Richman

Supreme Court Sustains Viability of Pennsylvania's Foreign Registration Corporation Statute

On June 27, in Mallory v. Norfolk Southern Railway Co., 2023 WL 4187749 (2023), the Supreme Court vacated and remanded the Pennsylvania Supreme Court decision to the contrary, and upheld a Pennsylvania foreign corporation…more

Due Process, Foreign Corporations, General Jurisdiction, Mallory v Norfolk Southern Railway Co, PA Supreme Court

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Robert Ridge

Prison for Bankruptcy Fraud Where Creditors Paid 100%

On November 7, 2017, a panel of the Third Circuit, in an unreported decision, upheld the District Court’s determination that intended loss equaled the amount of concealed assets in a bankruptcy fraud case in which creditors were…more

Bankruptcy Code, Chapter 13, Chapter 7, Creditors, Fraud

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David Ries

It’s a New Year and a Good Time for a Cybersecurity Checkup

2024 was another active year in cybersecurity, with high-profile vulnerabilities and data breaches, and government and private sector responses to them. Examples include pervasive ransomware attacks targeting the healthcare,…more

Compliance, Cyber Attacks, Cybersecurity, Data Breach, Data Security

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Leigh Roadman

First-Ever "Spoofing" Conviction Upheld by the Seventh Circuit

In today's computer-driven world, trading firms use computer software to execute, at very high speed, large volumes of trades. Their trading strategies take advantage of minor discrepancies in the prices of securities or…more

Commodities, Criminal Convictions, Dodd-Frank, Indictments, Market Manipulation

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Jonathan Roffe

Surprise, Surprise: The “Sad Beige Lawsuit” ends

The high-profile “Sad Beige Lawsuit” has ended between two prominent social media influencers, which begged the question, can you protect a personal “aesthetic” or “vibe?” On May 28, influencer Sydney Nicole Gifford voluntarily…more

Copyright Infringement, Copyright Litigation, Dispute Resolution, DMCA, Influencers

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Stephanie Romeo

President Signs “Me Too” Bill Into Law Prohibiting Mandatory Arbitration of Workplace Sexual Harassment and Sexual Assault Claims

On March 3, 2022, President Biden signed a bill into law that prohibits the enforcement of contract provisions mandating third-party arbitration of workplace sexual harassment or assault claims and allows victims to have their…more

#MeToo, Arbitration, Arbitration Agreements, Biden Administration, Employer Liability Issues

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Vincent Roskovensky

Pennsylvania Dept. of Health Orders New Safety Measures for Businesses

Effective April 6, 2020, the Pennsylvania Department of Health issued an Order for businesses authorized to maintain in-person operations pursuant to prior Orders issued by the Governor and Secretary of Health to date (including…more

Coronavirus/COVID-19, Health and Safety, Public Health, Workplace Safety

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Samantha Rothman

Q3 Cannabis Industry Group Newsletter

Welcome to your quarterly rundown of the latest legal, policy, and market happenings in the cannabis and hemp industry. The Cresco and Columbia Care Fallout: How Credit Monitoring Could Have Prevented It - The Cresco and…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Intellectual Property Protection, Marijuana

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Kara Rozin

Federal Judge Strikes Down 2024 Title IX Rules Nationwide

Last week, a federal judge struck down the 2024 Title IX Regulations, ruling that the regulations, which expanded nondiscrimination protections for LGBTQ+ students, violate the Constitution. The ruling extends nationwide…more

Civil Rights Act, Constitutional Challenges, Department of Education, Discrimination, Education Reform

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Rachael Rubenstein

CARES Act Provides Relief to Real Estate Professionals

The CARES Act, signed into law on March 27, 2020, provides, relief from certain tax provisions enacted by the 2017 Tax Cuts and Jobs Act (TCJA) which may help real estate businesses weather the current economic storm…more

CARES Act, Eviction, Foreclosure, HUD, Rental Assistance Programs

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Barbara Ruga

MDE Guidance Relating to Evaluation Training Funds

Last week, the Michigan Department of Education (MDE) issued guidance on how funds for research, development and training related to educator evaluations will be awarded. This guidance is found on the MDE website, the tab…more

Employee Evaluations, Public Schools, Teachers, Training

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Sam Saarsteiner

Recent Changes in Collective Redundancy Legislation

In this article, we provide a brief outline of the recent changes in employment law relating to collective redundancies, how to avoid potential pitfalls, and explain how they can be implemented for your business…more

Compliance, Employee Rights, Employer Responsibilities, Employment Litigation, Employment Policies

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Michael Sachs

Proposed Proposition 65 Updates for Rental Vehicles

The Office of Environmental Health Hazard Assessment (OEHHA) has proposed adding a new specific warning related to exposures from rental vehicles. While this proposed amendment is still in the public comment stage, its approval…more

Car Rentals, OEHHA, Proposed Amendments, Proposition 65, Toxic Exposure

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Maram Salaheldin

Clark Hill 2025 Commercial Real Estate Outlook: ESG & Sustainability

In 2025, the commercial real estate (CRE) industry will continue to navigate a new landscape influenced by ever-evolving ESG (Environmental, Social, and Governance) and sustainability trends. In particular, with regulatory…more

California, Commercial Real Estate Market, Deregulation, Environmental Litigation, Environmental Policies

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Armando Sanudo

Clark Hill 2023 Automotive & Manufacturing Industry Outlook: Mexico Update

The automotive industry is fundamental to Mexico’s development and key to its economic growth. To understand the importance of the automotive industry in Mexico, below are some representative figures: Largest source of foreign…more

Automotive Industry, Infrastructure, Manufacturers, Mexico, Motor Vehicles

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Seta Sarabekian

California Court of Appeal Holds That Solely Online Retailers Without a Physical Location Are Not Liable for Inaccessible Websites Under the ADA and California’s Unruh Civil Rights Act

California’s Unruh Civil Rights Act (Civil Code section 51, et seq.) confers a right to a civil action against businesses that intentionally discriminate against individuals with disabilities or, alternatively, violate the Title…more

Americans with Disabilities Act (ADA), CA Supreme Court, Public Accommodation, Reasonable Accommodation, Retailers

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Michael Sauer

Navigating the Dynamic M&A Landscape in the Sports Apparel Industry

The mergers and acquisitions (M&A) landscape in the sports industry has remained notably active and attractive to investors, driven by continuous digital transformation and global franchise investments. Since 1985, the sports…more

Acquisitions, Earn-Outs, Mergers, Sports

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Richard Scharlat

New Jersey’s proposed Independent Contractor "ABC" Test – easy as 1, 2, 3?

On April 3, the New Jersey Department of Labor and Workforce Development proposed new rules under the New Jersey Administrative Code (“N.J.A.C.”) Section 12:11, which are designed to clarify the application of the “ABC test.”…more

ABC Test, Comment Period, Employer Responsibilities, Employment Contract, Independent Contractors

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Bryan Schatz

Virginia Court of Appeals Clarifies “Place of Business” Licensing Requirement

Virginia’s Alcohol Beverage Control (“ABC”) Act provides that an entity seeking to ship wine to Virginia consumers must have a license to do so, and each license must “designate the place where the business of the licensee will…more

Alcohol Beverage Control, Hospitality Industry, Licensing Rules, Liquor Licences, Restaurant Industry

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Paul Schmeltzer

Honda Settles With CPPA Over Privacy Violations: Automaker to Change Business Practices and Pay $632,500 Fine

In a landmark privacy enforcement action, the California Privacy Protection Agency (CPPA) has reached a settlement with American Honda Motor Co. (“Honda”) following allegations that the automaker violated the CCPA. The…more

California, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Data Privacy

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Gerald Schneeweis

U.S. Supreme Court’s Decision in Abitron Austria GMBH et al. v. Hetronic International, Inc. Underscores the Need for Foreign Trademark Registration and Enforcement

On June 29, the United States Supreme Court issued its highly anticipated decision regarding the foreign reach of the Lanham Act, the federal statute that prohibits trademark infringement. The decision confirms the territorial…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Foreign Entities, Foreign Sales, Intellectual Property Protection

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Scott Schreiber

Illinois Bankruptcy Court Nullifies Lender's Right To Block Debtor's Bankruptcy Filing

Often, as part of a forbearance agreement, a lender will obtain a provision requiring its consent to any subsequently filed bankruptcy; the theory being that if the business debtor subsequently defaults under its restructured…more

Bankruptcy Court, Blocking Statutes, Chapter 11, Commercial Bankruptcy, Commercial Loans

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Dana Schwarz

USCIS Policy Manual Update and Recent Trends in EB-2 National Interest Waiver Adjudications

The National Interest Waiver (“NIW”) is a streamlined pathway to permanent residence for foreign nationals whose current or prospective work is in the national interest and therefore merits a waiver of the labor certification…more

EB-2, Entrepreneurs, Foreign Nationals, Immigration Procedures, National Interest Waiver

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Jason Schwent

The Growing Cybersecurity Risks in the Cannabis Industry

Those familiar with the industry know that cannabis retailers find themselves in a unique position compared to other product retailers. Cannabis retailers face significant regulatory hurdles to their operation—particularly in…more

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D. Creighton Sebra

How AB 3018 Affects California Design Professionals Performing Covered Work

In recent years, there has been a legislative push designed to make it more difficult for non-union contractors and design professionals, engineers, and land surveyors to compete for certain public works (construction)…more

Architects, Construction Industry, Construction Project, Contractors, Design Professionals

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Forrest Seger

Supreme Court Allows States to Require Sales Tax Collection by Out-of-State Sellers

For over fifty years, states have been prohibited from requiring an out-of-state seller that lacked a physical presence in the taxing state to collect and remit sales tax on sales into the state. Yesterday, in a historic…more

Appeals, Commerce Clause, Constitutional Challenges, Internet Retailers, Interstate Commerce

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Alexandra Serdiuk

The Michigan Department of Civil Rights Releases 2017 Revised Michigan Law Prohibits Discrimination Poster

The Michigan Department of Civil Rights ("MDCR") recently released its revised version of the posting Michigan Law Prohibits Discrimination required by the Michigan Elliott-Larsen Civil Rights Act and the Persons with…more

Disability Discrimination, Employee Rights, Employer Liability Issues, Reasonable Accommodation

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Brian Shekell

Trump Campaign Ethic Rules Do Not Violate the National Labor Relations Act

In the political world, campaigns sometimes forget that they are businesses subject to state and federal employment laws. Driving this reality home on Tuesday, the National Labor Relations Board’s Office of General Counsel…more

Employment Policies, Hiring & Firing, NLRA, Political Campaigns, Section 7

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Datev Shenian

The CH Trade Secrets Review: California’s New Noncompete Laws of 2024

A review of significant developments, cases, and verdicts throughout the United States in trade secrets law - The legal landscape in 2023 continued a sea change in the arena of noncompete law, at both federal and state levels…more

California, Employer Responsibilities, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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Madison Shepley

End of the BIPA Era? Federal Court Rules BIPA Amendment Applies Retroactively

On Nov. 13, Judge Elaine Bucklo of the United States Court for the Northern District of Illinois ruled that the Illinois legislature’s recent amendment to the Illinois Biometric Privacy Act (BIPA) limiting the damages available…more

Biometric Information, Biometric Information Privacy Act, Corporate Counsel, Damages, Data Collection

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Donald Shindler

Getting Comfortable with Lender Comfort Letters

As the global real estate economy continues its recovery from the severe economic recession nearly a decade ago, hotel and hospitality real estate transactions have been robust as of late. According to the "Hotel investment…more

Acquisitions, Franchise Agreements, Lenders, Liquidated Damages, Real Estate Market

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Craig Small

The Good, The Bad and The Ugly: DEA Rescheduling Marijuana to Schedule III

On April 30, the U.S. Drug Enforcement Administration issued a proposed rule to move marijuana from the Schedule I class to Schedule III. If approved this will be the most significant change in federal marijuana law since 1970…more

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Ilya Smith

DOJ implements new rule restricting bulk transfers of sensitive personal data

On April 22, FTC Commissioner Melissa Holyoak delivered the opening keynote at the IAPP Global Summit, where she emphasized the importance of vigorously enforcing privacy laws while warning against stretching the FTC’s authority…more

Data Brokers, Data Privacy, Data Security, Department of Justice (DOJ), Executive Orders

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Lauren Smith

Supreme Court Issues Employer-Friendly Decision Regarding the Standard to Apply to Requests for Section 10(j) Injunctive Relief Under the NLRA

On June 13, the United States Supreme Court issued its long-awaited ruling in Starbucks Corp. v. McKinney. In Starbucks, the Supreme Court clarified that the traditional four-factor test courts apply to requests for injunctive…more

Injunctive Relief, NLRA, NLRB, Popular, Preliminary Injunctions

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Karen Spencer Kelly

[Webinar] How Will The Supreme Court's Affirmative Action Ruling Affect Workplace DEI Programs? - September 21st, 9:00 am PT

This webinar will examine what the Supreme Court held in its ruling on universities’ affirmative action plans, the controversy surrounding how the Supreme Court’s ruling affects employer’s diversity, equity and inclusion (DEI)…more

Affirmative Action, Diversity, Employer Liability Issues, Hiring & Firing, Human Resources Professionals

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Kyle Spurgeon

Texas Comptroller Offers Short-Term Sales Tax Compliance Assistance for Businesses Impacted by COVID-19

States and localities across the nation continue to issue guidance to try to accommodate and alleviate the strain on businesses during the COVID-19 crisis, and Texas is no exception. The Texas Comptroller of Public Accounts…more

Comptroller, Coronavirus/COVID-19, Relief Measures, Sales Tax, State Taxes

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James Stadler

New OSHA Reporting Rule

The Occupational Safety and Health Administration's (OSHA) new rule to Improve Tracking of Workplace Injuries and Illnesses takes effect in two phases on August 10, 2016 and January 1, 2017. Beginning August 10, 2016, the rule…more

Anti-Retaliation Provisions, Drug Testing, Electronic Filing, OSHA, Reporting Requirements

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Paul Starkman

The FTC’s Noncompete Ban: Its Status and Potential Strategies

On April 23, the Federal Trade Commission (FTC) issued its Final Noncompete Clause Rule in which the FTC essentially banned all employment noncompetes with two narrow exemptions: (i) existing noncompetes with “senior executives”…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Mark Steger

Clark Hill 2024 Automotive & Manufacturing Industry Review: Environment, Energy & Natural Resources

The Supreme Court’s repeal of Chevron deference and multiple activities regarding per- and polyfluoroalkyl substances (PFAS) were among the significant developments for manufacturers during the first half of 2024…more

CERCLA, Contamination, Drinking Water, Enforcement Authority, Environmental Policies

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Jeanne Stiefel

Will Tax Reform’s Elimination of Advance Refundings Usher in a New Era of Municipal Derivatives?

With the termination of tax-exempt advance refunding bonds squarely in the crosshairs of the tax reform measures making their way through both houses of Congress, the municipal market needs to consider the impact of the loss of…more

Bonds, Infrastructure, Municipal Bonds, Proposed Legislation, State and Local Government

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Joseph Struble

Only Foreign Entities Need to Report Under the CTA

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN), a bureau of the Treasury Department, issued a new interim final rule on reporting under the Corporate Transparency Act (CTA). The new rule drastically narrows…more

Beneficial Owner, Comment Period, Constitutional Challenges, Corporate Transparency Act, Final Rules

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Randolph Struk

OSHA and COVID-19: Applicable Regulations and Compliance Issues

COVID-19 presents unique challenges for employers to remain compliant with applicable OSHA standards and regulations while continuing to operate their businesses during this pandemic. Although no specific OSHA provision directly…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, OSHA, Public Health

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Sheryl Sweeney

Cannabis and the Environment: Seven Significant Side-Effects

Cannabis cultivation and processing are rapidly-growing industries, as hemp and both recreational and medical marijuana products are being legalized across the country. With this rapid growth and legalization, however, comes…more

Air Quality Standards, Cannabis Products, Critical Habitat, Electricity, Environmental Protection Agency (EPA)

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Thomas Sweeney

2017 Creditor Protection Update: Protecting Your Assets with a "DAPT"

On December 5, 2016, Michigan joined Alaska, Delaware, Nevada, Utah and South Dakota as one of the 17 states that permit the use of irrevocable self-settled asset protection trusts for purposes of creditor protection planning…more

Asset Protection, Creditors, Domestic Asset Protection Trust (DAPT), Grantors, Irrevocable Trusts

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Duane Tarnacki

Fourth Circuit Clarifies Contours of Laws Applicable to Tax-Exempt Entities

The “hook” of many federal anti-discrimination measures, including Title VI, Title IX, Section 504 of the Rehabilitation Act, and Section 303 of the Age Discrimination Act, is “receiving Federal financial assistance.” However,…more

Anti-Discrimination Policies, Educational Institutions, Federal Funding, Internal Revenue Code (IRC), Private Schools

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Guillermo Tello

California PAGA Reform Brings Employers Relief

California employers can finally breathe a sigh of relief. The long-awaited and much-needed Private Attorneys General Act (“PAGA”) reform has arrived. While the reform falls well short of the ballot initiative efforts to repeal…more

CA Supreme Court, California, Employer Responsibilities, Employment Litigation, Labor Code

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Latasha Thomas

Insight on Illinois - March 2021 #1

The first three months of this new year have shown 2021 to be quite a year of change. Of course, President Biden has assumed the helm in Washington and is filling out his cabinet posts. The pace of change in Springfield has been…more

City of Chicago, Coronavirus/COVID-19, Illinois, Public Schools, Re-Opening Guidelines

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Alex Timbas

San Francisco v. EPA Brings the End of “End Result” NPDES Permit Requirements

In its recent decision in San Francisco v. EPA, the U.S. Supreme Court overturned a Ninth Circuit interpretation of the Clean Water Act (“CWA”), the second case in just two years where the Court has disagreed with the EPA’s…more

Clean Water Act, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), NPDES

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Robert Tomilson

UK High Court ruling underscores cost of broker negligence and clarifies effects of “other insurance” clauses in overlapping coverage

A recent ruling from the High Court of Justice (a trial level court) in London, highlights the serious consequences of professional negligence in insurance broking and clarifies how “other insurance” clauses interact with one…more

Breach of Contract, Commercial Insurance Policies, Data Breach, Insurance Brokers, Insurance Litigation

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Christopher Trebilcock

Governor Issues Directives Regarding Open Meetings Act

On Friday, March 13, Governor Gretchen Whitmer issued an executive directive (the “Directive”) related to Michigan’s Open Meetings Act (“OMA”), MCL 15.261 et seq. The Directive, No. 2020-2, sets forth three specific directives…more

Coronavirus/COVID-19, Governor Whitmer, Infectious Diseases, Open Meetings Act, Public Meetings

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Joshua Trombley

Cannabis Reclassification: Litigation Impact

In a historic move, the DEA accepted the US Department of Health and Human Services’ recommendation to reclassify marijuana from Schedule I to a Schedule III controlled substance, arguably the most significant change to federal…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Classification, Controlled Substances, Controlled Substances Act

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Ann VanderLaan

Union Commits Unfair Labor Practice When It Demands Arbitration Over A Prohibited Subject of Bargaining

In an unpublished opinion, Michigan Education Association v Vassar Public Schools, No. 337899, May 22, 2018, the Michigan Court of Appeals affirmed the Michigan Employment Relations Commission’s (MERC) decision granting summary…more

Arbitration, Collective Bargaining Agreements (CBA), Employer Liability Issues, Unfair Labor Practices, Unions

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Jonathan Vegosen

FTC Announces Final Rule Banning Most Noncompetes in Employment Agreements

On April 23, the Federal Trade Commission (“FTC”) announced a final rule (the “Final Rule”) banning most noncompete agreements in the United States. According to the FTC, “It is an unfair method of competition—and therefore a…more

Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules

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Jose Vela Jr.

Healthcare Organizations and Practitioners Receive New Protection Against Frivolous Whistleblower Lawsuits

Last Friday, the U.S. Supreme Court (SCOTUS) handed down an important ruling that will give healthcare organizations and practitioners relief against meritless whistleblower lawsuits. The ruling could result in saving…more

Civil Liability, Department of Justice (DOJ), False Claims Act (FCA), Health Care Providers, Healthcare Fraud

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Melissa Ventrone

Honda Settles With CPPA Over Privacy Violations: Automaker to Change Business Practices and Pay $632,500 Fine

In a landmark privacy enforcement action, the California Privacy Protection Agency (CPPA) has reached a settlement with American Honda Motor Co. (“Honda”) following allegations that the automaker violated the CCPA. The…more

California, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Data Privacy

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Adam Ventura

Allegheny County Property Owners Can Challenge 2022 and 2023 Taxes

Property owners in Allegheny County have a rare opportunity to significantly reduce their property taxes for 2022 and 2023 by filing an appeal by March 31. Typically property owners may only challenge their taxes for the current…more

Pennsylvania, Property Owners, Property Tax, Tax Planning

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Bret Wacker

Office of Personnel Management Provides Further Guidance on Ending DEI Offices, Programs and Initiatives

On Feb. 5, OPM issued a memorandum providing additional guidance regarding the President’s three executive orders entitled “Ending Radical and Wasteful Government DEI Programs and Preferencing,” “Ending Illegal Discrimination…more

Affirmative Action, Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Policies, Executive Orders

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William Walsh

Red Dye No 3: Old Data Induces New Ban

On January 16, 2025 the federal Food and Drug Administration (FDA) issued notice requiring manufacturers to reformulate their products removing Red Dye No. 3 by January 15, 2027 for food (21 CFR §74.303) and January 18, 2028 for…more

Consumer Product Companies, Cosmetics, Enforcement Actions, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

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Linda Watson

Proposed Rulemaking: Imported Chinese Hardware for Advanced Auto Features Will Be Banned in 2029

On Sept. 26, the Department of Commerce’s Bureau of Industry and Security (BIS) and Office of Information and Communications Technology and Services (OICTS) published a Notice of Proposed Rulemaking (NPRM) entitled, “Securing…more

Automotive Industry, China, Hardware, Imports, Manufacturers

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Kenneth Wear

Congress Proposes Changes to the Taxation of Carried Interest

On July 27, the Senate reached a deal that would raise taxes on carried interest income earned by investment managers. If enacted, the Inflation Reduction Act of 2022 (the “Act”) would amend the relatively new Section 1061 of…more

Capital Gains, Carried Interest, Income Taxes, Investment Management

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Anne-Marie Welch

5 Things Employers Should Know About the DOL’s Proposed New Overtime Rules

On Aug. 30, the U.S. Department of Labor issued its much-anticipated notice of proposed rulemaking (“NPRM”) to update the Fair Labor Standards Act’s overtime exemptions. If finalized, the rule would raise the salary threshold to…more

Department of Labor (DOL), Highly Compensated Employees, Minimum Salary, NPRM, Over-Time

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J. Chris White

CHPS Podcast Episode 4: Tariffs and Trade Impact

In Episode 4 of CHPS of Insight, host Chris White and Kelsey Christensen explore the ongoing complexities of tariffs and trade policies that continue to shape global commerce and economic policy. Chris and Kelsey provide a…more

China, Executive Orders, Foreign Trade Zones, International Trade, National Security

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Nicholas Wieczorek

Nevada Supreme Court Provides Important Guidance on Definition of “Health Benefits” for the Purposes of the Minimum Wage Amendment to the State Constitution

The Minimum Wage Amendment (MWA) to the Nevada Constitution allows employers that provide “health benefits” to pay an hourly minimum wage of one dollar per hour less than employers who do not. The meaning of “health benefits”…more

Employee Benefits, Employer Liability Issues, Health Insurance, Minimum Wage, Wage and Hour

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Paul Wilhelm

Federal Judge Blocks New Salary Level Overtime Regulations From Taking Effect December 1, 2016

A federal court in Texas late Tuesday, November 22, 2016, issued a preliminary injunction ("Injunction" or "Order") preventing the Department of Labor ("DOL")'s Final Rule and its regulations regarding the salary level for the…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Salary, Over-Time, Preliminary Injunctions

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Joshua Wilk

Michigan Prevailing Wage Act: New registration and certification requirements for private energy and state funded projects

As discussed in our most recent installment, on July 23, 2024, Senate Bill 571 (the “Amendment”) was signed into law, adding certain private energy facility projects to the purview of the Michigan Prevailing Wage Act which only…more

Construction Contracts, Construction Industry, Energy Policy, Energy Projects, Legislative Agendas

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R. Kevin Williams

New presidential proclamation doubles tariffs on steel and aluminum imports

On June 3, President Trump issued a proclamation doubling tariffs on imports of steel and aluminum articles and derivative steel and aluminum articles from 25% to 50%, effective at 12:01 a.m. EDT on June 4. This action, taken…more

Aluminum Sales, Enforcement Actions, Executive Orders, Imports, International Trade

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Tracy Williams

San Francisco v. EPA Brings the End of “End Result” NPDES Permit Requirements

In its recent decision in San Francisco v. EPA, the U.S. Supreme Court overturned a Ninth Circuit interpretation of the Clean Water Act (“CWA”), the second case in just two years where the Court has disagreed with the EPA’s…more

Clean Water Act, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), NPDES

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Rod Williamson

What a Business Needs to Understand About its Electric Utility Bill During the COVID-19 Emergency

Trying to understand your electric utility bill can be a frustrating experience. It can be full of abbreviations and multiple line-item charges for energy, demand, system access, energy efficiency, power supply cost recovery,…more

Coronavirus/COVID-19, Electricity, Electricity Costs

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Stephen Wolf

New Jersey Appellate Court Enforces “Pay-if-Paid” Clause Shifting Risk in a Construction Contract

Whether a construction contract contains a pay-if-paid clause and whether such clauses are enforceable are critical to determining a general contractor’s obligation to pay or not pay a subcontractor if the owner has not paid the…more

Construction Contracts, Construction Industry, General Contractors, Liens, Subcontractors

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Jerry Worsham II

The demise of “Chevron Deference” on the federal level has also arrived in the Arizona state courts

Changes in federal and many states’ laws (e.g., just last month in Arizona) may put industry on more equal footing with agencies when interpreting rules and permit terms. If agencies have overreached on these interpretations,…more

Administrative Agencies, Arizona, Chevron Deference, Government Agencies, Judicial Review

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Lisa Wren

Main Street Lending Program Open to Businesses

As part of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) enacted by Congress and signed into law by the President last March, the Federal Reserve has made the Main Street Lending Program (the…more

Borrowers, CARES Act, Coronavirus/COVID-19, Federal Loans, Federal Reserve

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James Wright

Owners and Developers Beware: Federal Law Preempts Your Remedies Against Design Professionals for ADA Violations

Recent years have seen a proliferation of lawsuits against building owners and businesses for violation of the accessibility requirements of the Americans with Disabilities Act (ADA). Not only restaurants, but also hotels,…more

Accessibility Rules, Americans with Disabilities Act (ADA), Construction Contracts, Construction Industry, Construction Project

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Sam Yousif

Navigating the Dynamic M&A Landscape in the Sports Apparel Industry

The mergers and acquisitions (M&A) landscape in the sports industry has remained notably active and attractive to investors, driven by continuous digital transformation and global franchise investments. Since 1985, the sports…more

Acquisitions, Earn-Outs, Mergers, Sports

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Sander Zagzebski

2022 Cannabis Year-in-Review and a Look Ahead for 2023

Co-Chairs of Clark Hill’s Cannabis Industry Group, Sander Zagzebski and Robert Hoban, sit down to discuss last year's flurry of M&A activity, how the industry navigated the 2022 capital dearth, and some thrilling legal,…more

Acquisitions, Cannabis-Related Businesses (CRBs), Capital Markets, Decriminalization of Marijuana, Interest Rates

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