Alerts & Newsletters

On June 21, 2018, the U.S. Supreme Court released its much-anticipated opinion in South Dakota v. Wayfair, Inc., in which it held that physical presence within a State is no longer a prerequisite to the imposition of liability on out-of-state sellers to collect and remit sales taxes.

In Lagos v. United States, 584 U.S. ___ (2018), the Supreme Court issued a unanimous ruling that limits the ability of corporate victims of fraud to seek reimbursement of legal fees for internal investigations. The case began when GE Capital discovered that Sergio Lagos falsified numerous invoices for his company, which he used as collateral to obtain tens of millions of dollars in loans from GE Capital.

On May 9, 2018, Deputy Attorney General Rod J. Rosenstein released a new “Policy on Coordination of Corporate Resolution Penalties” (“Policy”) in an effort to ameliorate the unwarranted “piling on” of penalties by the Department of Justice (“DOJ”) and other law enforcement agencies outside of the DOJ.

Not long after President Trump announced that the U.S. would impose tariffs on steel and aluminum, the Department of Commerce launched an investigation that may lead to additional duties on imported vehicles and automotive parts. Effective May 23, 2018, the Department will now examine whether imports of vehicles and auto parts threaten U.S. national security.

On May 21, the U.S. Supreme Court issued its long-awaited decision in Epic Systems Corp. v. Lewis, resolving an issue on which several Courts of Appeals and various federal agencies and administrations had disagreed.

On May 7, 2018, Michigan’s version of the Uniform Commercial Real Estate Receivership Act (the “Act”) will go into effect—bringing long-overdue clarity to the laws surrounding receivers and receiver-managed properties.

During the first quarter, Dykema closed 14 transactions with an average deal size of $23,000,000, representing the buyer in all but one transaction. The industries involved were diverse, including energy, automotive, logistics, death care, dental service organizations, home improvement and insurance. Below are details for some of these transactions.

Due in part to the #MeToo movement, employers have experienced an influx of workplace sexual harassment claims. More than ever, employers have been reminded of their legal and ethical duties to create harassment-free workplaces. These duties involve preventing foreseeable sexual harassment including proactively training employees about discrimination and harassment. This also entails properly investigating sexual harassment claims and immediately correcting known harassment. This Issue Brief outlines key points to assist employers in carrying out these crucial responsibilities.

In Texas, the tenant’s right to receive notice of appraised property values can create an administrative headache for multi-tenant landlords. however, recent revisions to Texas tax code law make it clear that landlords can avoid that concern with a well-drafted lease.

In 2017, the Cayman Islands passed the Data Protection Law (“DPL”), which reads much like the upcoming European Union General Data Protection Regulation (“GDPR”) that goes into effect Mary 25, 2018. The DPL applies to entities falling within the definition of “data controller” who are established in the Islands or who process data in the Islands.

In light of the increasing significance of cybersecurity incidents, the Securities and Exchange Commission (SEC) recently found it necessary to provide further guidance with respect to cybersecurity disclosure requirements under the federal securities laws as they apply to public operating companies.

On April 2, 2018, the United States Supreme Court in Encino Motor Cars, LLC v. Navarro, Justice Thomas writing for the majority, held that car dealership “service advisors” are “salesm[e]n… primarily engaged in… servicing automobiles” and therefore are exempt from the FLSA’s overtime requirements under 29 U.S.C. § 213(b)(10)(A). Significantly, in addition to issuing a ruling that is favorable to auto dealerships, the Court also provided useful language to all employers based on its view of how FLSA overtime exemptions should be construed.

In February, Dykema published a summary of 2017 Michigan legislation designed to address the opioid crisis that has gripped the country. On March 22, 2018, the Michigan Legislature passed HB 5678, which delays implementation of the bona fide prescriber-patient relationship requirement that was to go into effect March 31, 2018.

For more than 25 years, the Americans With Disabilities Act (ADA) has knocked down barriers that prevented disabled people from fully participating in society, and made physical locations from public parks and buildings to sports stadiums more accessible to everyone. The ADA was so effective in its mission that it’s difficult to find a location today that hasn’t been built or retrofitted for accessibility.

On March 6th, the U.S. Department of Labor’s Wage and Hour Division announced a new compliance initiative that will be attractive to many employers. It's called the “Payroll Audit Independent Determination Program,” a/k/a “PAID.”

On February 26, 2018, the California Office of Administrative Law approved the DMV’s final regulatory package for driverless autonomous vehicles. Beginning April 2, 2018, autonomous vehicles can be operated on public roads with a remote operator.

On February 21, 2018, the Supreme Court issued its opinion in Digital Realty Trust, Inc. v. Somers __ U.S. __, No. 16-1267 (February 21, 2018), a retaliation case brought by a former employee of Digital under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”).

Update: Since this alert was published, some of the effective dates have changed. To see an updated version of this alert with new effective dates, please click here.

In response to the opioid crisis that has gripped the country, the Michigan Legislature passed a set of bills in 2017 that imposes new requirements in 2018 on individuals and entities who prescribe and dispense controlled substances. Because failure to comply with these requirements may constitute misconduct subject to professional discipline, it is important for all prescribers, prescribing dispensers, pharmacists and pharmacies to understand and follow these new requirements.

The Department of Justice’s (“DOJ”) Commercial Litigation Branch recently issued a January 10, 2018, internal memo (“Granston Memo”) discussing the need for dismissal of “meritless” qui tam False Claims Act (FCA) cases.

Many businesses keep records for audits from the Internal Revenue Service, but businesses should also now be ready to preserve certain records for their brands or provide them in advance to their attorneys, to prepare for subsequent “Trademark Audits” to maintain trademark registrations at the U.S. Patent and Trademark Office (PTO).

The 2018 proxy season brings forth a number of trending topics and new considerations public companies should bear in mind.

Yesterday, January 22, 2018, President Trump announced the imposition of tariffs on imported solar panel components (solar cells and solar modules). The tariffs will be in place for four years, will start at 30 percent in the first year (2018), and will gradually decline by 5 percent each year to a 15 percent tariff in year four. The first 2.5 gigawatts of imported solar cells will be exempt from the tariffs each year.

There is now a new way to conduct a property tax appeal hearing in Texas. The Texas Legislature passed a property tax-related bill for Chapter 41 tax protests that allows for a hearing before the Appraisal Review Board to be conducted by conference call.