Changes to the Michigan Business Court

Amendments to the Michigan Business Court Statute go into effect today, October 11, 2017. These amendments primarily focus on clarifying the cases that are to be assigned to business courts. Also, the statute was amended to clarify a Business Court’s jurisdiction to hear business disputes involving equitable or declaratory relief. The amendment now clarifies that...… Continue Reading

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Running out the Clock in Non-compete Disputes: A Frustrating Reality for Employees

One advantage employers often have when it comes to non-compete disputes is time; Employers may win the war without ever doing battle simply by running out the clock. This point was a central issue in a case pending before the Michigan Court of Appeals that our law firm recently argued. Specifically, on October 4, 2017, I...… Continue Reading

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Navigating Differences Under Federal and State Employment Anti-Discrimination Laws

In what should be in the category, “water is wet,” it is unlawful to discriminate against an individual based on disability. Such prohibition applies to both the federal and at the state level. Under federal law, employers have the Americans with Disabilities Act (ADA). Under Michigan law, there is the Persons with Disabilities Civil Rights Act (PWDCRA)....… Continue Reading

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Court Blocks LinkedIn From Restricting Access to User Profiles

A Federal Judge recently blocked LinkedIn from restricting another company from using data from LinkedIn’s website. The suit involves Linkedin and hiQ Labs, Inc. The suit also has significant ramifications for job-seekers and employers. See LinkedIn Profiles Used to Alert Employers Which Employees are Job-Hunting. hiQ Labs Business Depends Upon Access to LinkedIn Profiles hiQ Lab offers data...… Continue Reading

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Is it Lawful to Terminate an Employee Who Attended a Neo-Nazi or White Supremacist Rally?

Is “check to see if any employees came out to support Nazis or White Supremacist” the new normal for HR? After this weekend’s tragic and despicable events in Virginia, it looks like the answer is yes. The events in question involved a rally of white supremacist, KKK members, and Neo-Nazis that took place at the...… Continue Reading

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LinkedIn Profiles Used to Alert Employers Which Employees are Job-Hunting

Using Linked for your job searches? Your employer may also be monitoring your LinkedIn profile to find out the same in order to take preemptive action. If this sounds like an HR remake of the sci-fi movie Minority Report, you wouldn’t be too far off. In that movie, Tom Cruise played a detective in the “Precrime...… Continue Reading

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Social Media – Truth Serum in an Age of Alternative Facts?

One aspect of my legal practice that has changed over the years is the amount of time I focus on my clients’ social media use, as well as investigating an opposing party’s social media accounts. The reason for such attention is simple; it is often a goldmine for inconsistencies, admissions, or even outright lies that can...… Continue Reading

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Corporate Funeral Home Argues Religious Belief Exempts Title VII Anti-Discrimination Law

On May 17, 2017, attorneys for a corporation operating a Detroit funeral home that fired a transgender employee filed its appeal brief. The brief argues that the corporation could fire a transgender employee who refused to follow its sex-specific dress code because allowing her to wear women’s clothes at work would violate the religious beliefs of...… Continue Reading

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The Risks of Relying on Free Online Legal Advice

The saying, “you get what you pay for,” is cliché. But it is no less true. And it is an accurate cliché when it comes to online legal advice. The Danger of Relying on Legal Advice from Free Q&A Websites Various websites offer answers to legal questions from attorneys who register with the Q&A site...… Continue Reading

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Proposed Legislation To Improve and Expand Michigan Business Courts

Proposed legislation would revise Michigan’s business courts. It would provide several revisions, including a change that will be important concerning non-compete disputes. Michigan experimented with creating a “business court” docket in 2011 in Macomb County Circuit Court. The experiment expanded into Kent County in March 2012 and Oakland County in July 2012. Then in 2013, Michigan...… Continue Reading

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Uber’s Autonomous Vehicle Program Continues but Without its Key Engineer

On Monday, May 15, 2017, Uber Technologies, Inc. narrowly sidestepped what could have been a complete shutdown of its autonomous vehicle program. Specifically, a federal district court judge declined to issue a temporary injunction against Uber and its self-driving car program. A copy of the order is available here, Waymo LLC v. Uber Technologies, Inc. (5-15-2107)....… Continue Reading

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