Jeffrey Mosher welcomes Mikhail Murshak, Senior Attorney, IP, Foster Swift, Collins & Smith PC, Lansing, (but serving 6 branches across Michigan) Adjunct Professor, Youth Soccer and Basketball Coach

Mikhail, tell us about your career path up until joining Foster Swift?

Tell us more about your focus and specialty now that you're with Foster Swift?

What are the big challenges for businesses with patents these days?

Will this lead to a lot of travel for you, or the clients, or will you be living on ZOOM?

Tell us a bit more about that professor and coach role in your life?

Up to speed notes:
Mikhail Murshak just joined Foster Swift's Lansing office. Mike is a licensed patent attorney with extensive experience in a wide range of intellectual property matters.  

LANSING, Mich. — Foster Swift Collins & Smith PC welcomes attorney, Mikhail “Mike” Murshak, to the firm. Mike is a licensed patent attorney and has extensive experience in a wide range of intellectual property matters including patent, trademark strategy and acquisition, and general IP and business counseling including preparation, prosecution, and licensing. 

Mike works with start-up companies as one of his passions where he assists clients with negotiating terms, reviewing agreements, and due diligence. Mike's background includes preparation and prosecution of patents in areas that include: medical devices, manufacturing, consumer products, computer technology, automotive, aerospace, chemical engineering, nanotechnology, and sleep technology. 

Complementing his practice, Mike is an adjunct Professor for Trademark and Patent Law at Michigan State University College of Law and Western Michigan University Cooley Law School. 

Mike earned his bachelor’s degree in chemical engineering from Michigan State University and received his juris doctor from the University of Connecticut School of Law.

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Michigan Business Beat | Mikhail Murshak, Senior Attorney, IP, Joins Foster Swift

The video, originally loaded on September 7, 2023.
Chris Holman welcomes back Mikhail Murshak, Senior Attorney, IP, Foster Swift, Collins & Smith PC, Lansing, (but serving 6 branches across Michigan) Adjunct Professor, Youth Soccer and Basketball Coach

Welcome Mikhail, tell us more about your focus and specialty now that you're with Foster Swift?

What are the big challenges for businesses with patents these days?

Speaking of patents, Detroit has its own office for that and trademarks, what does it say about the businesses and ideas in Michigan?

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Michigan Business Beat | Mikhail Murshak, Foster Swift, Navigating Patents and Trademarks in 2023.

Chris Holman welcomes Nicholas J. Stock II, ASSOCIATE, Grand Rapids, Foster Swift Collins & Smith PC Attorneys with a half dozen locations across Michigan

Topic: New Federal Registration Exemption for M&A Brokers of Eligible Businesses

The Securities Exchange Act of 1934 has recently been amended to exempt “M&A brokers” from registering with the Securities Exchange Commission (SEC) -
When? How? Why?

How much different is this from how M&A brokers have tentatively relied on a 2014 no-action letter in recent years?

What does the new amendment enable qualifying brokers to do?

Please explain this New Federal Exemption?

What are the implications?

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Michigan Business Beat | Nicholas Stock II - Mergers and Acquisitions Exemptions

Originally uploaded November 14th:
Chris Holman welcomes back Robert Hamor, Shareholder, Foster Swift Collins & Smith PC, Southfield, MI, with 6 branches across Michigan.

Robert, welcome back, What is this AirBoss case we are hearing about?

How are companies dealing with the impact of AirBoss?

What industries are primarily impacted by AirBoss?

(Up to speed material to know for this interview): The Michigan Supreme Court issued a decision this summer which may impact decades-long customs and practices in many industries–including the auto industry–with respect to “release contracts” associated with part purchases. Because many of these types of release contracts did not include a specific quantity of parts (or otherwise identify the contract as a “requirements” contract) at the time of contracting, instead deferring to a common practice of issuing “releases” in the future, Michigan’s Supreme Court ruled that the agreement did not obligate the seller to supply the necessary parts on an ongoing basis. Instead, if the seller chose to accept the “release”, a contract was formed, and the relevant terms and conditions would apply. The practical effect of this is that the seller could refuse to provide the necessary parts under the pre-determined pricing and contractual arrangements. This ruling can upend decades-long supply chains if the relevant agreements do not comport with this new ruling.

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Michigan Business Beat | Robert Hamor, Foster Swift - Airboss Decision Impact Decades Long Practices

Originally uploaded November 7, 2023,
Jeffrey Mosher welcomes back Robert A. Hamor, Shareholder, Foster Swift Collins & Smith PC, Southfield, MI.

Robert had shared the stage of an MBN Speakers Series event in October 2022 discussing the upcoming Corporate Transparency Act and now just over a year later was back to give MBN an update.


 

What is the Corporate Transparency Act?
What companies are required to report under it?
What information needs to be reported?
What happens if a company does not comply?
How does a company get help in determining their reporting obligations?

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Michigan Business Beat | Robert Hamor, Foster Swift - The Latest on Corporate Transparency Act

Originally uploaded January 23rd.
Chris Holman welcomes back Kimberly P. Hafley, Director of Marketing and Recruitment, Foster Swift Collins & Smith PC Attorneys, Lansing,  but Foster Swift covers, six locations; Lansing, Detroit, Southfield, Grand Rapids, Holland and St. Joseph.

Welcome back Kim, remind the Michigan business community about the scope of services by Foster Swift Attorneys?

How was 2023? What were the highlights?

What are you looking forward to in 2024? 

Has this latest addition of attorneys in late 2023 set Foster Swift up well for covering legal specialties?

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Michigan Business Beat | Kim Hafley,  Foster Swift Attorneys - Reviewing 2023 Previewing 2024

Chris Holman welcomes back Mikhail Murshak, Senior Attorney, Foster Swift Collins & Smith, Lansing, MI, but serving 6 offices across MI.

What does it mean to be a trademark troll?

What not to do when you are approached by a trademark troll?

What you should do when responding to a trademark troll?

Here's some more reference information on the topic: Through tactical litigation practices, copyright trolls rely on copyright law to allege infringement and threaten major statutory damages upon unsuspecting defendants. The term “copyright troll” is an unflattering nickname for someone who manipulates the intellectual property (“IP”) laws to force a “toll” by way of a settlement payout on market participants.

Copyright trolls use technology to identify potential unintentional infringement activity and send template demand letters for payment. To leverage a higher payment with minimal effort, the letter is filled with threats and misrepresentations of how the law would likely be applied. The amount is usually too little to initiate federal litigation, but big enough that the recipient is usually afraid and rightfully concerned. The ask in a demand letter can often exceed $10,000 – even $30,000, depending on the circumstances. As to be expected, receiving this sort of letter from a copyright troll can be scary and overwhelming for most people faced with such allegations. Most of the time, recipients of these demand letters feel they have done nothing wrong, but are being asked to pay a significant fee. Hence, a “troll” has jumped out from under a bridge and demanded a “toll” if you want to move forward with the alleged infringing activity.

This trolling practice has continued to become more frequent as technology has evolved. The trolls acquire rights to huge quantities of digital images and the like, mostly ubiquitous in nature, and then head into the wild world of the internet, searching for anyone using that media without permission. Modern search tools or software have become efficient and effective at scouring alleged infringements across the internet. From there, once a copyrighted graphic is detected – whether that be a licensed photo on a website, a clipart on an online menu, or the use of a protected image on social media – the troll engages their legal representatives to seek monetary damages by way of settlement in lieu of litigation from everyday persons and small business owners.

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Michigan Business Beat | Mikhail Murshak,  Foster Swift Attorneys Watching out for Trademark Trolls!

Chris Holman welcomes back Clifford {Cliff} Hammond Shareholder, Employment & Labor Lawyer, Foster Swift Collins & Smith, Southfield and Lansing Foster Swift, with a half dozen locations across Michigan.
Topic: New Independent Contractor Rule.   

What’s is the new rule about? 

What are the industries and types of employers that may need to really take a close look at this? 

What can happen if you misclassify someone under this rule? 

Foster Swift also shared this recent article on the subject:

Independent Contractor Final Rule Could Have Major Impact on Select Industries

The much-anticipated independent contractor final rule issued earlier this month by the U.S. Department of Labor (DOL) will become effective March 11, 2024. Several years in the making, the new rule could result in a wholesale reexamination of worker classification practices, especially in industries where independent contractors are extensively utilized.

Construction, transportation/logistics, healthcare, consulting/business/IT services and the gig sector (e.g., Uber, Lyft, DoorDash, and Grubhub) are among the industries that are most likely to experience a significant impact due to the changed requirements of the updated rule.

The new rule utilizes a test like the ones many courts have used for years to determine whether workers should be classified and treated as independent contractors or employees under U.S. wage laws. The new version of the rule, however, is controversial because of the likelihood that it will result in the DOL recognizing fewer independent contractors and more employees.

The U.S. Chamber of Commerce and other business groups are expected to challenge the rule in the courts. Louisiana Sen. Bill Cassidy has said a resolution will be introduced to repeal the rule. If such a resolution were to make it through both the Senate and House, it’s likely that President Biden would veto the measure.

Independent Contractor Final Rule: The Details

The final version of the rule utilizes a review and analysis which assesses the “totality of circumstances” to establish whether a worker is an independent contractor or an employee.

The test analyzes six factors equally without assigning a predetermined weight to any particular or set of factors. The six factors are:

Opportunity for Profit or Loss Depending on Managerial Skill – Whether the worker exercises managerial skill that affects their economic success or failure in performing the work.
Investments by the Worker and Potential Employer – Whether the investments of a worker (capital or entrepreneurial) contribute to and support the maintenance and growth of the business.
Degree of Permanence of the Work Relationship – Whether the nature of the work is steady, sporadic, or project-based with fixed beginning and ending dates.
Nature and Degree of Control – Which party controls hiring, firing, scheduling, pricing, pay rates, supervision, and other economic and performance factors?
Extent that Work Performed is an Integral Part of the Potential Employer’s Business – Whether the work performed is critical, necessary, or central to the potential employer’s principal line of business.
The Worker’s Skill and Initiative – Whether a worker uses their own specialized skills together with business planning to support, grow, or improve the business.
Employers should note that the new rule doesn’t represent new law. Nor does it create any new legal obligations, but rather clarifies the DOL’s interpretation of the existing law.

In addition, the federal rule may not be fully applicable in those states which have their own laws or tests for classifying workers as employees or independent contractors, which include California, Illinois, Massachusetts, New Jersey, New York, and others.

Michigan Business Beat | Cliff Hammond, Foster Swift Preparing for New Independent Contractor Rules!

Chris Holman welcomes back Kimberly P. Hafley, Director of Marketing and Recruitment, Foster Swift Collins & Smith PC Attorneys, Lansing,  but Foster Swift covers, six locations; Lansing, Detroit, Southfield, Grand Rapids, Holland and St. Joseph.

Kim, let's review some current issues that businesses should be thinking about. What's #1?

1) Campaign donations: It’s an election year.  Both individuals and businesses will be solicited for campaign contributions.  It’s important to remember the who, what when and how of campaign finance law:  Business can check out our Video What Can MY Business Contribute to a Campaign  https://youtu.be/KQyGFcGwQbM 

How about second?

2) Independent Contractor Rule: So the new independent contractor rule is now in effect…what does that mean?   Independent Contractor Final Rule Could Have Major Impact on Select Industries: Foster Swift

And third of these issues?

3. Attorneys to help guide your business.  The role they plan in planning along with your accountant, cyber security professional and insurance is key.  We have literally  thousands of resources.  www.fosterswift.com

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Michigan Business Beat | Kim Hafley, Foster Swift Attorneys - Current Issues Businesses Should Watch

Jeffrey Mosher welcomes Courtney Gabbara Agrusa, Senior Attorney, Foster Swift Collins & Smith PC,  Southfield, MI. 

Topic: August 14th is Foster Swift's next "2nd Wednesday series" presentation.

 Jeffrey had several questions for Courtney:
Given what a whirlwind this election cycle has been, what are some best practices that electors, townships, and municipalities can take prior to November 5 to ensure a smoother election day?

How can an election law attorney assist a municipality or township to ensure compliance and transparency during this election cycle?

What are some common misconceptions about what is and isn’t allowed at polling places?
Are voters allowed to post photos or videos of themselves voting?
Are voters allowed to wear political clothing or buttons when voting?
Are people allowed to campaign or petition outside of polling places?

This election will likely be one of the most closely monitored elections in recent memory. What is the difference between a poll watcher and a poll worker, and how are watchers appointed?

In the months leading up to an election, we often see lawns dotted with political candidate signs. However, if a house is displaying signs that contains vulgar language, depending on the circumstances  (e.g., the house with the signs face a school or public park), can the municipality make that person remove their signs?

Wednesday this Foster Swift pair  are presenting a refresher on proper polling etiquette to ensure compliance and a smoother election day process for those involved.
 
Municipal law attorney Courtney Gabbara Agrusa will discuss best polling practices for electors and municipalities leading up to and on election day. 

Registration is free
Second Wednesday Sessions
August 14, 2024
With a whirlwind of unforeseen storylines all over the news (Trump's assassination attempt, Biden dropping out of the presidential race, etc.), the 2024 election is shaping up to be one of the most closely monitored in decades.
Which is all the more reason to have a refresher on proper polling etiquette to ensure compliance and a smoother election day process.

When: August 14, from 12:00-12:30 pm

Registration: https://bit.ly/2ndWeds2024

Join moderator Rob Hamor along with municipal law attorney Courtney Gabbara Agrusa as they discuss best polling practices for electors and municipalities leading up to and on election day including:
What to expect at Polling Places: 
Common Do's and Don'ts
What is permitted and what isn’t:
Can people post videos of themselves voting on their social media?
Can voters wear political clothing or buttons inside a polling place?
Can people campaign outside of a polling place?
What are the roles of poll watchers and challengers?
What are poll watchers allowed to do at polling locations?
What is legal for political yard signs:
In the months leading up to an election, it is a frequent sight to see lawns dotted with political candidate signs. However, if a house that sits across from a school is displaying signs on their lawn that contain vulgar language, can the municipality ban that person from displaying those signs?"

Michigan Business Beat | Courtney Gabbara Agrusa, Foster Swift - August 14th Election Primer

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