Arbitration clauses sometimes state that the parties waive their right to appeal. But a recent decision from the United States Court of Appeals for the Second Circuit underscores the importance of specifying exactly which appeal rights are waived.

The recent conviction of a construction company’s senior officer demonstrates that liability under the Occupational Health and Safety Act (“OHSA”) is not limited to corporations. Supervisors have a personal duty to “take every precaution reasonable in the circumstances,” and failures in oversight—even omissions rather than active misconduct—can result in significant penalties.

Within a 24-hour period on February 20, 2026, the U.S. Supreme Court struck down the “IEEPA tariffs” as unlawful, the president issued a proclamation imposing new global tariffs of 10% (which he later said would be increased to 15%), and the administration stated it was initiating several new Section 301 investigations, signaling additional tariffs in the near future.

A bankruptcy debtor in Michigan may choose whether to use the exemptions provided under either federal or state law to “exempt” out a certain amount of property from the bankruptcy estate and use it for a fresh start. Every three years on April 1, the dollar amounts in the federal Bankruptcy Code are adjusted to account for inflation. The federal dollar amounts last were increased on April 1, 2025, and are not slated for another increase until April 2028.

A putative class action has been filed in the Eastern District of Michigan alleging that commonplace website tracking and session replay tools violate both federal and Michigan wiretap and eavesdropping laws.

Michigan Governor Gretchen Whitmer signed House Bill 4141 and Senate Bill 495 into law, creating a statewide ban on student cellphone use in public schools during K–12 classroom instructional time beginning in the 2026–27 school year. While the law requires districts to ban use during class, it preserves local discretion outside instructional periods: districts may allow use of devices between classes or at lunch or adopt stricter full-day restrictions.

USCIS has announced that the initial registration period for the FY 2027 H-1B CAP lottery will run from 12:00 PM EST on March 4, 2026, through 12:00 PM EST on March 19, 2026. During this window, employers and authorized representatives must electronically register each beneficiary using a USCIS online organizational account and submit the required $215 registration fee per registrant.

MIOSHA published its annual list of its top 10 most frequently cited occupational safety and health standards in the past year.  Employers should be aware of the most frequently cited standards and review their own safety policies and enforcement practices to avoid these common violations and the costly penalties that come with them.

Supreme Court decisions regarding bankruptcy cases usually affect only bankruptcy litigation, but the recent decision in Coney Island Auto Parts Unlimited, Inc. vs. Burton alters the landscape for all federal litigation. 

The U.S. District Court for the District of Columbia issued a preliminary injunction, finding the U.S. Department of Education likely acted unlawfully when it discontinued funding for certain TRIO Student Support Services programs. The court concluded that the Department’s actions were likely to be held to be arbitrary and capricious due to vague decision letters and an apparent failure to follow required procedures. The court created a pathway for affected institutions to obtain protection under the injunction, however, through the Council’s motion to modify its scope. Any such materials must be filed by February 1, 2026, and supported by declarations from institutions seeking to be included.

Title IX requires schools receiving federal financial assistance to “provide equal athletic opportunity for members of both sexes.” But can Title IX plaintiffs force a university to create Division I varsity teams based largely on interest surveys? On January 20, 2026, the U.S. Court of Appeals for the Sixth Circuit’s answer was no.

The U.S. Department of State (DOS) has announced that, effective January 21, 2026, it has paused the issuance of immigrant visas for nationals of 75 countries as part of a broad policy shift aimed at reassessing public‑charge‑related admissibility standards.

U.S. Citizenship and Immigration Services (USCIS) has revised the maximum validity periods for employment authorization documents (EADs) in several categories. This change is effective immediately and applies to EADs issued on or after December 5, 2025.

The U.S. Department of Homeland Security (DHS) published a final rule establishing a weighted, wage‑level–based selection process for H‑1B cap registrations. This change will apply to the FY 2027 H‑1B cap registration period, which is likely to begin in March 2026. The rule is intended to prioritize higher‑skilled and higher‑paid foreign workers, giving those workers with higher-offered wages a better chance of selection.

Unlike virtually all other types of plans, 457(b) plans maintained by non-governmental tax-exempt entities—such as many charities, hospitals, insurers, and private universities—did not receive the benefit of an extended amendment deadline for compliance with SECURE 2.0. By the end of the 2025 plan year, all 457(b) plans sponsored by non-governmental tax-exempt entities must be amended to comply with regulations.

As algorithmic pricing becomes increasingly prevalent, states are stepping in to address transparency and fairness concerns that federal legislation has yet to comprehensively tackle. Lawmakers argue that clear disclosure and limits on algorithmic practices are essential to protect consumers from opaque pricing methods that may leverage their personal data or result from anti-competitive collaboration among businesses. The growing patchwork of state-level initiatives signals a broader trend toward local oversight of algorithmic decision-making in commerce, but the landscape is rapidly changing as lawmakers attempt to catch up to rapidly changing technology. As they are often at the forefront of these issues, recent legislative and regulatory developments in California and New York are leading the way on regulating the growing technology.

This guide is designed to help your municipal team determine what financing options are available once the decision has been made to borrow money for a city or village financing.

On November 13, 2025, the IRS published its annual cost of living adjustments for various retirement plan limits. These adjustments are consistent with the rate of increases in prior years, reflecting moderate inflation adjustments rather than sharp jumps.

Secretary Pete Hegseth announced details of sweeping reforms aimed at promoting competition, reducing bureaucracy, and accelerating the delivery of capabilities to warfighters at a speech at the National War College on November 7, 2025. The event gathered high level representatives from Congress, the Department of War, and of the traditional defense sector, including Lockheed Martin, Boeing, Northrop Grumman, General Dynamics, RTX, alongside startups like Anduril, Anthropic, Amazon Web Services, Meta, Microsoft, Oracle, Palantir, and Shield AI. The reforms implemented President Trump’s April 9, 2025, Executive Order 14268 titled “Reforming Foreign Defense Sales to Improve Speed and Accountability.”

In today’s social media landscape, “dupe culture” is booming. Influencers and retailers frequently promote affordable alternatives to premium brands, using hashtags like #[company]dupe to attract attention. While this trend drives engagement, it also creates legal and brand-protection challenges for companies such as Lululemon.

On November 1, 2025, the White House issued a Fact Sheet announcing a one-year suspension of the “Affiliates Rule” effective November 10, 2025. The Bureau of Industry and Security (“BIS”) will implement the one-year suspension as part of a broader set of bi-lateral concessions reached during the recent U.S.-China trade negotiations occurring prior to the 2025 APEC Summit in Gyeongju, South Korea. Correspondingly, China announced a suspension of its current, and proposed, export control restrictions on rare earth elements and other critical minerals.

Can a public school discipline students for using pronouns that reflect a classmate’s sex assigned at birth, rather than their gender identity? According to the Sixth Circuit’s en banc decision issued November 6, 2025, the answer is no—not without violating the First Amendment.

On October 6, 2025, the U.S. Supreme Court declined to review the Federal Circuit’s decision in Crocs, Inc. v. Double Diamond Distrib., Ltd., et al., leaving a circuit split regarding Lanham Act false advertising claims firmly in place. The Second, Sixth, and Ninth Circuits have held that the Lanham Act’s false advertising cause of action does not extend to statements concerning the intangible features of a product, like whether it is patented or proprietary. But the Fourth and Federal Circuits have held the opposite. Without guidance from the Supreme Court, companies face potential liability for advertising claims that will depend on the forum of the lawsuit.

Tax-exempt organizations are facing more scrutiny than ever. Federal and state regulators have signaled an intent to more aggressively investigate nonprofits, and compliance missteps that once drew a warning can now trigger audits, penalties—or even revocation of tax-exempt status.

Effective October 30, 2025, the Department of Homeland Security will publish an interim final rule that eliminates the automatic 540-day extension for employment authorization renewals filed after this date. The automatic extension will be reduced from 540 days to 0 days for all eligible categories. Consequently, individuals with renewal applications filed on or after October 30, 2025, will not be given an automatic extension of their work authorization if the EAD renewal application is still pending on the date the initial EAD expires.  

On October 17, 2025, the USPTO proposed new rules that would dramatically alter IPR strategy. The most impactful change to the status quo is a proposal to bar the PTAB from instituting an IPR if a parallel district court case is likely to reach a validity decision first. This “race to judgment” provision elevates procedural timing from a simple scheduling matter to a dispositive strategic factor.  

USCIS has issued new guidance clarifying how the $100,000 fee under the September 21, 2025, Presidential Proclamation applies to H-1B petitions.

In patent infringement litigation, ownership isn’t just about who invented the technology. It’s about who holds the legal right to enforce it. That right depends on the language used in assignment agreements, license agreements, and settlement agreements. Poorly drafted or incomplete assignment clauses can result in a company or individual lacking standing to sue, even if they believe they own the patent

On September 29, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a pivotal interim final rule under the U.S. Export Administration Regulations (“EAR”) significantly broadening the scope of end-user-based export controls (the “Affiliates Rule”). Effective immediately, the Affiliates Rule extends end-user-based licensing requirements to foreign entities that are, directly or indirectly, owned 50 percent or more, individually or in aggregate, by entities on the Affiliate Lists.

Can a political slogan be too vulgar for school, even if it never actually uses a bad word? That was the question before the U.S. Court of Appeals for the Sixth Circuit in B.A. v. Tri County Area Schools, a case testing how far the First Amendment protects student political expression.

On October 20, 2025, the U.S. Patent and Trademark Office (USPTO) will launch a new Artificial Intelligence Search Automated Pilot (ASAP!) Program to test the use of artificial intelligence (AI) tools in conducting pre-examination prior art searches for certain utility patent applications.

As of the date of this writing, Congress has not passed the appropriate spending bills to keep the federal government open beyond September 30, 2025. Unless these bills are passed, some government agencies will shut down on October 1, 2025.

In a sweeping 84-page complaint, the Federal Trade Commission (FTC)—joined by seven state attorneys general—has filed suit against Live Nation Entertainment and Ticketmaster, alleging a years-long scheme of deceptive ticketing practices that cost consumers billions. The FTC is seeking civil penalties and monetary relief, alleging violations of the FTC Act and the Better Online Ticket Sales Act. The case is pending in the U.S. District Court for the Central District of California.

A recent decision from the United States Court of Appeals for the Sixth Circuit confirms public employers can consider certain employee speech on social media in making personnel decisions.

A recent decision from the Canadian Federal Court of Appeal (FCA) underscores the importance of implementing multi-layered patent docketing systems to prevent the loss of rights due to unpaid maintenance fees. This issue is especially critical for multinational companies or organizations managing global IP portfolios, where varying rules and requirements increase the risk of miscommunication that could lead to the unintended expiration of valuable IP rights.

On September 19, 2025, President Trump signed an Executive Order restricting the entry of anyone seeking to enter or reenter the U.S. in H-1B status without payment of a new $100,000 fee. This proclamation takes effect at 12:01 am on Sunday, September 21, 2025, will expire after one year, and may be extended. All H-1B workers who are currently abroad are advised to return to the U.S. as soon as possible before the effective date.

Ferrara Candy Company, the powerhouse behind NERDS®, is cracking down on what it calls a “copycat candy” in a newly filed federal lawsuit that’s making waves in the confectionery world. Filed in the Central District of California, the suit targets American Continental Limited, American Fizz (UK) Limited, LD Distribution Services, and several individuals for allegedly hijacking Ferrara’s legacy DWEEBS brand to sell candy that looks suspiciously like NERDS.

The Federal Circuit’s recent decision in Global Health Solutions LLC v. Selner is its first review of a rare patent dispute resolution process under the America Invents Act (AIA). The decision serves as a warning that proving misappropriation of an invention is costly, evidence-heavy, and far from guaranteed. For inventors and companies working with partners, customers, and other third parties, Selner underscores the need for airtight documentation and filing patent applications before discussions with third parties.

Michigan may be joining a growing number of states in tightening regulations around automatic renewal provisions in consumer contracts. On August 27, 2025, the Michigan House introduced HB 4826, a bill aimed at strengthening consumer protection by requiring clear disclosure of automatic renewal provisions in consumer contracts. If enacted the law would apply to any contract for the sale or lease of a service or good to a consumer that includes an automatic renewal provision, meaning the consumer contract is renewed for a period of more than one month unless notice is given.

Beginning in October 2025, the European Patent Office (EPO) will accept patent drawings in color or grayscale when filed electronically. By allowing more detailed and visually accurate representations, this change enhances clarity in technical disclosures and could streamline the examination process. This change could also serve as a model for other jurisdictions such as the United States, Canada, and the World Intellectual Property Organization (WIPO).

Recent U.S. trade secret verdicts have demonstrated the extraordinary financial exposure companies face under the Defend Trade Secrets Act. Courts have awarded hundreds of millions in damages for misappropriation of proprietary information. These awards often include exemplary damages for willful misconduct and attorney’s fees, making the stakes even higher.

On August 7, 2025, President Trump signed an Executive Order titled “Democratizing Access to Alternative Assets for 401(k) Investors.”  This Executive Order has the potential to significantly change how retirement savings assets in employer-sponsored defined contribution plans, such as 401(k) plans, can be invested. 

Through a bipartisan bill titled the AI Accountability and Personal Data Protection Act (the “Bill”), introduced on July 21, 2025, U.S. Senators Josh Hawley (R-Mo.) and Richard Blumenthal (D-Conn.) proposed legislation that would effectively render the fair use defense—the primary defense relied upon by AI companies—meaningless. This legislation would create a new federal cause of action—empowering individuals to sue companies that train AI models using personal data or copyrighted works without clear, affirmative consent. This Bill remains with the Senate Judiciary Committee, and there is currently no indication if it will be considered, nor what form it might ultimately take.

On July 31, 2025, in Tamika Rayford v American House Roseville, LLC d/b/a American House East I and American House, the Michigan Supreme Court held that boilerplate employment agreements that shorten the limitations period to bring civil rights claims must be examined for reasonableness. Although the provisions in these agreements may be permitted when found to be reasonable, they are subject to traditional contract defenses. Additionally, employment agreements that are determined to be adhesion contracts—contracts where one party has significantly more bargaining power than the other, may be procedurally and substantively unconscionable.

Two recent federal court decisions highlight how timing can make or break a survey in trademark litigation. While some courts allow rebuttal reports to introduce new survey evidence, others may strike it as untimely if it wasn’t clearly responsive. These cases underscore the risks of holding surveys for rebuttal and reinforce the need for early strategic planning when survey evidence is involved.

The One Big Beautiful Bill Act brings significant enhancements to Opportunity Zones, Low-Income Housing Tax Credits, New Market Tax Credits, and Section 1202 stock benefits—expanding tax incentives and making key programs permanent or more accessible.

In a decision with implications for election oversight and administration, the Michigan Supreme Court has ruled that political parties have standing to bring challenges in jurisdictions that fail to appoint an equal number of poll workers from the two major political parties. The case clarifies who can enforce partisan poll worker parity in elections and signals potential heightened scrutiny of how local officials staff polling places.

Michigan Governor Gretchen Whitmer signed into law several bills intended to protect voting rights and improve election procedures across the state. In November 2022, Michigan voters overwhelmingly approved Proposal 2022-2 (“Prop 2”), which enshrined certain voting rights in Michigan’s Constitution. Since the addition of Prop 2 to the state constitution, Michigan’s legislature has continued to enact even more sweeping changes in election administration.

As generative AI technology advances, the legal battles over the use of copyrighted materials for training these models are heating up. In the first wave of lawsuits the courts have diverged in their approach to fair use as a defense to claims of copyright infringement. Other legal theories of protection—including the right of publicity and unfair competition under state and federal law—remain largely untested.

The One Big Beautiful Bill Act (“OBBB”), which was signed by President Donald Trump on July 4, 2025, revokes or curtails the majority of energy credits and significantly curtails other credits.  Though certain credits, including those related to “Clean Coal” and Nuclear Energy, are retained, credits related to solar, wind, and other common forms of clean energy were eliminated. 

As of June 19, 2025, the Ontario’s Employment Standards Act, 2000 (ESA) was amended to include a new protected leave: Long-Term Illness Leave. This new Long-Term Illness Leave creates essentially an indefinite leave of absence for qualifying employees and will dramatically impact how employers navigate dealing with employees who are out of the workplace due to illness.

In a dramatic turn of events, the United States Court of Appeals for the Eighth Circuit has vacated the Federal Trade Commission’s Click-to-Cancel Rule, which was set to take effect on July 14, 2025. While businesses can breathe a sigh of relief as the rule’s stringent consent and disclosure requirements have been overturned, companies offering subscription-based or auto-renewing products and services should remain vigilant. The Restore Online Shoppers’ Confidence Act (“ROSCA”) and various state auto-renewal laws still impose significant obligations that overlap with the now-vacated rule.

The sweeping tax package known as the One Big Beautiful Bill (OBBB) brings notable changes for tax-exempt organizations, including new limits on charitable deductions and a broader reach for the excise tax on executive compensation. While some feared provisions didn’t survive the final version, others—like the return of the charitable deduction for non-itemizers—are now permanent law.

The One Big Beautiful Bill (OBBB) includes some provisions relevant to private schools and donors who support K-12 education. Most notably, the excise tax on investment income at private universities will now follow a tiered structure, with rates as high as 8% depending on a school's per-student endowment. Schools with significant investment assets may need to reevaluate how those assets are held and managed.

The One Big Beautiful Bill (OBBB) introduces updates for employers offering benefit plans, with changes that affect health savings account (HSA) eligibility, dependent care assistance limits, telehealth services, and more. Notably, the bill expands HSA access to those enrolled in bronze and catastrophic plans and permanently allows pre-deductible telehealth coverage under high-deductible health plans.

The One Big Beautiful Bill (OBBB), which passed on July 3 and is expected to be signed by President Donald Trump by July 4, modifies a number of international tax rules introduced in the Tax Cuts and Jobs Act and creates a new rule to punish counties deemed to be imposing “unfair taxes” on U.S. taxpayers.

The One Big Beautiful Bill (OBBB) cements many individual tax provisions from the 2017 Tax Cuts and Jobs Act (TCJA) including permanent lower income tax rates and a doubled standard deduction. It also introduces new and expanded deductions—such as a $6,000 senior deduction and a temporary deduction for U.S.-assembled auto loans—while increasing the SALT cap (for now) and enhancing the child tax credit.

The One Big Beautiful Bill creates and/or modifies a number of tax rules that impact taxation of business income, including the permanent extension of the 20% pass-through deduction under Section 199A and the return of full expensing for domestic R&D costs and bonus depreciation. The bill also expands eligibility for manufacturers using U.S.-based production facilities. Other key updates include new limits on interest deductions, stricter rules for corporate charitable contributions, and temporary deductions for tip income and overtime pay. Employers and business owners should review these provisions closely to understand the planning opportunities and compliance obligations ahead.

The OBBB increases the amount individuals may transfer for federal estate, gift, and generation-skipping transfer tax purposes. Effective as of January 1, 2026, the federal estate and gift tax exclusion and the generation-skipping transfer (GST) tax exemption will increase to $15,000,000 per person.

The Made in the USA label carries significant marketing weight, especially in today’s political landscape, but it also comes with legal risks. Federal regulators and class action attorneys are scrutinizing origin claims, leading major brands to face substantial penalties.

Can a public school require students to engage with materials that conflict with their parents’ religious beliefs without offering an opt-out? In Mahmoud v. Taylor, the U.S. Supreme Court enjoined the Montgomery County public school system from using certain classroom materials without giving parents notice and an opportunity to have their children excused on religious free exercise grounds. While the decision specifically involved LGBTQ+ related material, the rationale of the decision would apply to virtually any curricular material which a parent perceives to be contrary to their fundamental religious beliefs. 

Apple has escaped a $300 million patent infringement verdict after a three-judge panel of the United States Court of Appeals for the Federal Circuit vacated both the infringement and damages judgment because of faulty jury instructions and an improper verdict form underscoring how a seemingly small procedural error can upend a half-billion-dollar outcome.

Under current Federal Trade Commission (FTC) policy, an advertising claim requires substantiation if it makes an objective assertion about a product or service. But a new lawsuit filed by a former defendant in an FTC suit over substantiation seeks to change that. Xlear sued the FTC last week, accusing the agency of overstepping its authority to regulate false and deceptive advertising by requiring advertisers to “substantiate” claims about their products. The complaint seeks a declaration that companies do not violate FTC rules by making statements that are allegedly unsubstantiated.

The Federal Trade Commission’s (“FTC”) Negative Option Rule, dubbed the “Click-to-Cancel” Rule (the “Rule”), stands to substantially change the way online businesses must interact with customers. Its fate is now in the hands of the Eighth Circuit Court of Appeals, which recently heard oral argument on a case challenging the Rule. Presently, the Rule is scheduled to go into full effect on July 14, 2025 and would impact “almost all negative option programs.”

In a unanimous ruling in A.J.T. v. Osseo Area Schools, the Supreme Court held that students with disabilities suing under the ADA or Section 504 are no longer required to prove “bad faith” by their schools—a higher standard than other civil rights plaintiffs face.

On June 4, 2025, President Donald Trump signed an Executive Order restricting the entry of certain foreign nationals to the United States, with the purported goal of protecting the United States from foreign terrorists, as well as other national security and public threats. The travel restrictions took effect on June 9, 2025, at 12:01 a.m. In line with the proclamation, the Department of State has issued similar guidance suspending the issuance of all nonimmigrant and immigrant visas to nationals certain countries.

On June 6, 2025, a U.S. District Judge in the Northern District of California approved the long-anticipated and landmark $2.576 billion settlement in House v. NCAA, transforming the landscape of college sports and marking s a complete shift in the business of college athletics. Schools must consider a host of legal issues that will surround their implementation of the Settlement and any revenue sharing arrangements moving forward.

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against any individual based on race, color, religion, sex, or national origin. But does that protection apply equally to white, male, or heterosexual employees? Or should they have to clear a higher bar to prove discrimination?  On June 5, 2025, the United States Supreme Court answered with a unanimous “no” in its decision in Ames v. Ohio Department of Youth Services. Ames eliminates the “background circumstances” rule, which mandated that majority-group plaintiffs in Title VII discrimination cases provide additional evidence suggesting that the employer was the “unusual” type that discriminates against the majority.

As Michigan public schools prepare their 2025-2026 budgets, they should be aware of the short-term borrowing options available to cover their projected operating cash-flow shortfalls.  

On May 1, 2025, the IRS released Rev Proc 2025-19 which updated for 2026 the limits applicable to certain health and welfare plans.

On April 24, 2025, the U.S. District Courts for the District of New Hampshire and the District of Maryland issued separate orders blocking enforcement of all, or large portions of, the Dear Colleague Letter (“DCL”) issued by the Department of Education (“DOE”) on February 14, 2025. The DCL related to the viability of various “DEI” programs in the wake of last year’s Supreme Court decision in Students for Fair Admissions v. Harvard.  

On April 17, 2025, the U.S. Supreme Court issued a unanimous opinion in Cunningham v Cornell University, addressing the pleading standard applicable to prohibited transaction claims under the Employee Retirement Income Security Act. This is a procedural ruling steeped in technical principles of statutory construction and interpretation of civil litigation rules. The hurdle for participants to survive a motion to dismiss in a suit against plan fiduciaries just got easier, so it is more important than ever for plan sponsors to manage litigation risk by making themselves unattractive targets.

U.S. patent claims have a preamble, and, in most cases, the preamble is not limiting. Jepson-style patent claims, however, do typically have a limiting preamble. In Jepson-style claims, the preamble can be used to describe the “conventional or known” elements or steps, followed by a transition phrase such as “wherein the improvement comprises” and then an identification of the elements that “the applicant considers as the new or improved portion.” In other words, the preamble can first recite the prior art and then claim an improvement over the prior art.

In a historic move, President Trump has issued the first-ever Executive Order aimed at modernizing the U.S. foreign military sales system—streamlining approvals, expediting deals, and strengthening strategic alliances.

On March 21, 2025, FinCEN of the U.S. Department of Treasury issued a new interim final rule significantly limiting the scope of reporting required under the Corporate Transparency Act. Domestic reporting companies are exempt from reporting beneficial ownership information. Instead, reporting companies are limited to those entities previously defined as foreign reporting companies.

The U.S. Department of Justice’s Final Rule restricting transfers of bulk sensitive personal data and U.S. government-related data has taken effect, implementing former President Biden’s Executive Order 14117 - Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern. The Final Rule aims to protect U.S. national security by restricting certain data transactions with covered persons or countries of concern, which currently include Russia, Iran, North Korea, Cuba, Venezuela, and China (including Hong Kong and Macau). U.S. businesses must work now to ensure compliance and avoid significant penalties for violations.

Sometimes an expected result is still newsworthy. On March 27, 2025, in Kircher v Boyne USA, Inc., the Michigan Supreme Court held that there is no independent cause of action for breach of the implied covenant of good faith and fair dealing inherent in contracts.

As trade tensions rise, retaliatory tariffs are disrupting global supply chains—particularly in the automotive industry and other manufacturing sectors. These unexpected costs are sparking disputes over who should bear the financial burden under cross-border contracts. International arbitration is increasingly seen as the forum of choice for resolving these conflicts.

Arbitration agreements often seem straightforward—until they unexpectedly bind parties who never signed them. A recent U.S. Court of Appeals for the Eleventh Circuit’s decision underscores the reach of arbitration clauses and the courts’ willingness to enforce them against third parties. This case highlights how third-party beneficiaries—and their insurers—can be required to arbitrate disputes, even though they were not signatories to the contract. The ruling is a good reminder for businesses, insurers, and legal practitioners to carefully consider the third-party implications of arbitration clauses when drafting, reviewing, and enforcing international commercial agreements.

On March 20, 2025, President Donald J. Trump signed an Executive Order directing the Secretary of Education to undertake all necessary steps to facilitate the closure of the Department of Education. For local school districts and charter schools, the order introduces a range of practical and strategic considerations.

For midsized companies engaged in cross-border trade—whether selling overseas or purchasing from foreign suppliers—the ability to enforce contracts is critical. After all, if a contract cannot be enforced, it’s not worth the paper it’s written on. But the unfortunate truth is that relying on courts to enforce cross-border contracts can cost significant time and money. It is therefore all the more important for midsize companies to reduce the risks associated with their cross-border transactions where possible. One potential tool for doing so is international arbitration.

Starting on March 17, 2025, new U.S. regulations impose sweeping restrictions on the importation and sale of connected vehicles (CV) and related components with ties to China and Russia. Issued by the Bureau of Industry and Security (BIS), the Connected Vehicles Rule (CV Rule) aims to curb potential national security threats posed by foreign-made vehicle connectivity and automated driving systems. These restrictions, which will be phased in over the coming years, require businesses to conduct rigorous supply chain assessments and file compliance declarations. Importers and manufacturers must act now to ensure compliance and avoid steep penalties for violations.

Smith v. Commissioner, a pending research credit case in the United States Tax Court, presents an issue of first impression: Is a partner’s self-employment income in a partnership allowable as a qualified research expense only to the extent that the amount is reasonable within the meaning of former IRC Section 174(e)? The case should interest partners in partnerships and self-employed individuals who perform technological research.     

No company would relish the prospect of defending against a class action lawsuit and thousands of related individual arbitrations at the same time. But following a recent federal court ruling, Google (and its parent company, Alphabet) find themselves in exactly that position. The case centers on allegations that Google Assistant-enabled devices recorded users’ private conversations, and Google used the resulting data, without the device users’ consent. The court’s ruling has far-reaching implications for arbitration and class action strategies.

The Court of Appeals for the Federal Circuit recently reversed an ITC determination that claims related to a polycrystalline diamond compact (PDC) are ineligible as an abstract idea under 35 U.S.C. § 101. Applying the two-step framework from the Alice Supreme Court opinion, the court held that the PDC claims are not directed to an abstract idea, emphasizing the importance of structure and property correlations in patent application drafting. This decision provides takeaways for patent practitioners, particularly in the chemical and materials fields, on how to draft patent applications with composition of matter claims reciting properties to withstand eligibility challenges.

Defending against numerous individual arbitrations that share common factual and legal issues can cost companies significant time and money. The U.S. Court of Appeals for the Ninth Circuit recently held that such arbitrations can be consolidated when permitted by the applicable arbitration agreement and arbitration rules and affirmed the denial of a petition to compel individual arbitration, reinforcing that arbitration institutions have discretion to apply their own rules, including consolidation procedures, when those rules are incorporated into arbitration agreements. For businesses, this ruling highlights the importance of carefully drafting arbitration agreements, particularly with respect to mass arbitration risks.

The United States has announced the imposition of new tariffs on Canadian goods, effective immediately as of March 4, 2025. These tariffs include a 25% surcharge on a wide range of products imported from Canada. In response to the announcement, Ontario Premier Doug Ford stated that Ontario would implement a reciprocal 25% surcharge on all energy exported by Ontario to the United States, which is expected to have a significant impact on multiple industries including, in particular, manufacturing.

The Michigan Department of Treasury released a draft of a notice regarding the new research and development credit. The notice provides preliminary guidance to taxpayers on eligibility for the credit, how to calculate the unadjusted credit and make a tentative claim, how Treasury will notify taxpayers if total claims exceed the $100 million cap and must be prorated downward, and how taxpayers will claim the adjusted credit. The Department will accept comments on the draft through March 7, 2025.

A recent federal court decision underscores a critical point for parties seeking to enforce foreign judgments in the U.S.: recognition of a foreign judgment does not require personal jurisdiction over the defendant. The U.S. District Court for the Southern District of New York recognized a $123.94 million English judgment against a Ukrainian businessman, despite his lack of ties to New York. This ruling reaffirms that judgment creditors can gain access to U.S. discovery tools—among the most expansive in the world—before establishing jurisdiction over a debtor or its assets. With similar judgment recognition laws in many other U.S. states, this decision may influence courts nationwide and shape future cross-border enforcement strategies.

On March 3, 2025, a Michigan federal district court in Small Business Association of Michigan v Yellen, Case No. 1:24-cv-413 (W.D Mich 2025) (SBAM), held that the CTA’s reporting rule is unconstitutional under the Fourth Amendment (unreasonable search) and entered a judgment permanently enjoining the enforcement of the CTA reporting requirements against the named plaintiffs and their members only. The district court did not find it necessary to, and did not, rule on the plaintiffs’ separate Article 1 and Fifth Amendment constitutional claims, instead leaving them “to another day, if necessary.” 

On March 2, 2025, the United States Department of Treasury announced that it will not enforce fines or penalties based on the existing deadlines for reporting beneficial ownership information under the CTA beneficial ownership reporting rule. This follows earlier guidance issued by FinCEN.

International automotive supply chains often involve tight just-in-time deadlines, so resolving disputes quickly and efficiently is critical. When arbitration is the designated resolution method, the arbitrator’s qualifications and experience can significantly affect the speed, fairness, and effectiveness of the process. Choosing an arbitrator with relevant industry expertise and strong procedural management skills can help minimize business disruptions and financial risks. 

The U.S. Financial Crimes Enforcement Network announced that it intends to issue an interim final rule by March 21, 2025, with extended beneficial ownership information reporting deadlines. It will not issue penalties or otherwise enforce failure to file initial or updated reports until the new interim final rule becomes effective.

The U.S. Department of State has changed the categories of applicants that are eligible to waive the in-person non-immigrant visa interview appointment when applying for a non-immigrant visa stamp for travel to the United States. More applicants must now attend an in-person interview appointment.   

Just as the Michigan Earned Sick Time Act was set to go into effect on February 21, 2025, the Michigan Legislature came to an agreement to revise the Act. The Bill (HB 4002) was promptly signed by Governor Whitmer and became effective February 21. The Act still provides guarantees to Michigan workers for paid sick time while also providing employers with improved flexibility in implementing their paid sick time policies. There are, however, several changes in the revised Act compared to its prior iteration of which employers should be aware. 

The Corporate Transparency Act reporting requirements are back in effect following a Texas district court decision entered on February 18. According to the Financial Crime Enforcement Network (FinCEN), the new general deadline for most reporting companies filing initial, updated, and corrected BOI reports is March 21.

The United States Tax Court skillfully dodged answering the headline question with a holding on standing. The court decided, however, that IRS appeals officers and IRS appeals team managers are not officers of the United States and therefore do not need to be constitutionally appointed.

The IRS issued Proposed Regulations last month which provide helpful clarity for employers on how to implement and comply with two new SECURE 2.0 provisions relating to catch-up contributions.

It is that time of the year again – H-1B CAP registration is right around the corner. With the continued beneficiary-centric selection process, and the new H-1B modernization rule which impacts H-1B CAP filings, employers should prepare now.