Smith Haughey Supreme Court Victory Ends Decade Long Legal Uncertainty

When a medical malpractice plaintiff files a complaint before the expiration of the mandatory notice-waiting period, the filing is ineffective, does not initiate tolling of the statute of limitations, and must be dismissed. That was the unanimous ruling of the Michigan Supreme Court yesterday in the much-anticipated decision of Tyra v Organ Procure…

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Department of Labor Proposes Changes to FLSA Overtime Rules

Early in 2014, President Obama signed a presidential memorandum directing the Department of Labor (DOL) to update the regulations defining which white-collar workers are protected by the minimum wage and overtime standards in the Fair Labor Standards Act (FLSA). On Monday, July 6, 2015, the proposed rule responding to Mr. Obama’s demand and seeking…

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Same-Sex Marriage and the Affordable Care Act: the Supreme Court’s Recent Decisions Require Employers to Review Employee Benefit Plan Offerings

The two recent Supreme Court decisions in Obergefell v. Hodges and King v. Burwell will require employers to review their employee benefit plans and consider whether any changes need to be made in light of these decisions. This client alert briefly summarizes these rulings and key takeaways for employers in administering their employee benefit plan…

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The United States Supreme Court Holds Raisin Marketing Order Unconstitutional

The United States Supreme Court recently issued its opinion regarding the constitutionality of the raisin marketing orders in the Horne v. Department of Agriculture matter. The Agricultural Marketing Agreement Act of 1937 grants authority to the Secretary of Agriculture to issue “marketing orders” intended to stabilize markets for a variety of ag…

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Choosing the Right Entity: Corporations Explained

When advising clients that are getting ready to start a business or looking to protect assets, generally the first question that arises relates to the type of entity that they should form. Unfortunately, there is no “one size fits all” when it comes to entity structures. Given that there are numerous entity forms available, choosing the right one f…

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