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Hertz Schram PC Legal Blog

Judge Edward Sosnick (Ret.) Joins Hertz Schram In Of Counsel Role

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Judge Edward Sosnick (Ret), who is Of Counsel to Hertz Schram PC, focuses his practice on Alternative Dispute Resolution, including formal and informal arbitration, mediation, and facilitation. Judge Sosnick was an Oakland County Circuit Court Judge for 24 years, during which he served in both the Civil and Family Divisions, and served two terms as Chief Judge. 

Recent Sixth Circuit Decision Expands the Scope of "Protected Activity" Under Title VII Discrimination and May Lead to a "New Breed" of Cases

In a case entitled EEOC v New Breed Logistics, the Sixth Circuit Court of Appeals affirmed the district court's denial of the defendant-employer's motions for judgment as a matter of law or a new trial following the jury's determination that New Breed's supervisor engaged in sexual harassment and retaliation under Title VII. During the trial, plaintiff presented evidence, that the appeals court deemed sufficient, showing New Breed's supervisors were cognizant of the sexual harassment when they terminated each employee, and that the employees' "protected activity" constituted "the but-for cause of the adverse employment actions taken against any claimant." Further, New Breed was not entitled to a new trial on the sexual harassment issue because the supervisor's harassment caused a "tangible employment action for which New Breed should be vicariously liable[.]"

Howard Hertz and Joe Bellanca Help Kick Off World IP Day

On April 23, 2015, Hertz Schram's entertainment and intellectual property team of Howard Hertz and Joe Bellanca helped kick off World IP Day celebrations in Detroit at the Charles H. Wright Museum of African American History. This year's event was titled "Your Copy, Your Rights: Protecting Your Music" in an effort to help musicians protect their valuable creative works.

Refusal to Accommodate Telecommute Request Does Not Violate ADA...In Certain Situations

An Employer's Refusal to Accommodate an Employee's Request to Telecommute Is Not A Violation of the Americans With Disabilities Act Where Regular and Predictable On-Site Attendance Is An Essential Job Function

On April 10, 2015, an en banc panel of the Sixth Circuit Court of Appeals affirmed the Eastern District of Michigan's dismissal of the Equal Employment Opportunity Commission's (EEOC) claim against Ford Motor Company (Ford).

Effective and Enforceable Noncompetition Agreements with Employees - Reasonableness is the Key

Businesses often protect their goodwill, customers, and historical and future success through requiring that key employees enter into restrictive covenant agreements that restrict the employee's activities during the employee's employment and for a period of time after the employment relationship ends. The employee is typically restricted, for example, from engaging in activities that are competitive with the business of the employer. 

Governor Signs Amendment to Michigan Expungement Statute

The Governor recently signed into law an amendment to the Michigan expungement statute which now permits convictions of two major misdemeanors or one felony even though one also has certain misdemeanor convictions to be set aside. Previously it was possible to do so if an individual had more than one conviction. The law also loosens requirements for people convicted of a low-level felony. This law is going to help give people a fresh start and avoid some of the restrictions and collateral consequences of a prior conviction as judges will have more discretion to grant expungements.

Delia Miller Elected to Board of Michigan Inter-Professional Association

Hertz Schram PC is proud to announce that Delia Miller was elected a Trustee and a member of the Board of the Michigan Inter-Professional Association (MIPA). Ms. Miller is an associate in the Bloomfield Hills, MI office of Hertz Schram PC and is a member of the Family Law Section.

SIXTH CIRCUIT COURT OF APPEALS RULES JURY WILL DETERMINE WHETHER WORKER IS AN EMPLOYEE OR INDEPENDENT CONTRACTOR

The Sixth Circuit Court of Appeals' decision on March 25, 2015, in Keller v Miri Microsystems LLC provides crucial guidance to workers and businesses regarding the misclassification of a worker's status as independent contractor rather than employee.

Promoting Professionalism Through Better Communication Skills And Techniques

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[Excerpts taken from presentation given by Richard S. Victor, Chair of Professionalism and Collegiality committee, national American Academy of Matrimonial Lawyers, given at the AAML national meeting in Panama City, Panama, March 2015]

DOJ's 2014 Stats Show Whistleblower Success Under FCA Benefitting All Taxpayers

The Department of Justice (DOJ) has just released its 2014 False Claims Act Statistics. As a firm that focuses much of our practice on representing whistleblowers, known as Relators, in False Claims Act (FCA) cases, we find that the DOJ's statistics provide interesting insights into the total recoveries secured under the FCA. It also provides data on the areas of false claims yielding the largest recoveries.