Monthly Archives: April 2014

Business Restructuring Alert: New court rule significantly changes receiver appointment, duties and compensation

With little fanfare, the Michigan Supreme Court recently issued an order that significantly changes the rules related to the appointment of receivers. The Order (ADM File No. 2012-30) amends Michigan Court Rules 2.621 and 2.622 as follows:

  • Establishes rules for the appointment of receivers and the orders appointing them
  • Sets forth criteria that prospective receivers must meet
  • Clarifies the duties of receivers
  • Sets forth procedures for the payment of the fees of receivers and their professionals

The new Court Rules, effective May 1, 2014, were adopted after the portions of the originally proposed revisions regarding the selection of receivers were poorly received by judges and judicial groups around the state. While the new provisions raise questions that will generate new case law and cannot be fully addressed here, certain key points are summarized below. 

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Rainmaking Recommendation from Jaimie Field: YOU Are a Brand

“Yes, yes, yes” is what I said when I read Jaimie Field’s latest rainmaking recommendation, “YOU are a brand.” Whether you like it or not, whether you think “branding” is a dirty word or not, everything you say and do affects how people think of you – affects the brand of “you.” So have a look at Jaimie’s latest post!


Regardless of whether you are in a large, midsize or small firm or a solo practitioner, you have a brand.

In fact, you ARE a brand. And personal branding is becoming more and more important in the second decade of the 21st century.

What your personal brand is: Your personal brand is what people think of when they think of you. It is how they would describe you to others.

What personal branding is not: It is not how you perceive yourself, but how others perceive you.

These can truly be two different ideas. It, therefore, becomes important that you control how you
want others to perceive you and what you want them to know you can do.

You need to begin to answer the following questions in order to control your personal brand:

  • Who are you?
  • What do you do?
  • How are you different from others?

However, when you are contemplating these questions, you have to determine who the “you” is that want the world to see.  This will help you determine what personal brand you want to begin to develop.

Once you have answered these questions, you need to begin to market your answers to your prospective clients and referrals sources – social media and blogging are two of the best methods for your personal brand to get noticed.

Please understand that personal branding requires authenticity. If you are a “jerk” in real life, you can never be the “good guy” as part of your personal brand. People will find out the difference and you will lose the credibility needed to create the trust you require for people to connect with and contact you. So, if you are jerk in real life – own it in some way in your personal brand. Think Howard Stern, for example.

Personal branding is basically marketing your personality and knowledge to others. Remember, people do business with people they know, like and trust.


Rainmaking Recommendations are sent the first and third Wednesdays of the month. They are bite size tips that when implemented will cause you to make rain. To learn more about Rainmaking, Goal Setting and Achieving the Life you want as an Attorney please contact Jaimie B. Field, Esq. If you have missed any of the previous Rainmaking Recommendations you can find them at The Enlightened Rainmaker Blog.


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New EU Regulation on Clinical Trials on Medicinal Products

On April 2, the European Parliament voted overwhelmingly to repeal the current EU Directive on clinical trials of medicinal products for human use and replace it with a new Regulation.  The primary goals of the new Regulation are to:

  1. Streamline the approval process for studies conducted across multiple Member states;
  2. Harmonize the regulation of clinical trials throughout the Member states; and
  3. Increase transparency of Clinical Trial results.
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Penalties Rise for ADA Noncompliance

By Andrea R. Calem

Noncompliance with the Americans with Disabilities Act just became costlier. Pursuant to an inflation-adjustment formula, on March 28, 2014 the Department of Justice (“DOJ”) issued a final rule raising the civil monetary penalties assessed or enforced by the Civil Rights Division, including those assessed under Title III of the ADA (“Title III”).

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ILN Today Post

Credit Union Regulatory Alert

Thank you for taking the time to read this Howard & Howard Credit Union Regulatory Alert. We aim to provide our credit union clients and friends with information to help you understand and interpret the ever-changing regulatory environment.

Be sure to review the links to our past Regulatory Alerts below the main article. And, of course, new readers can sign-up for our free e-Alerts here.  More…

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ILN Today Post


It has been almost five years since the Credit CARD Act was passed by Congress and more than four years since the compliance dates set by the Federal Reserve Board (many compliance professionals may still be haunted by the date February 22, 2010). While it would seem like credit card compliance issues are in the rearview mirror, now is the perfect time for credit unions to review their procedures to ensure they remain compliant.

And, a lot has happened in the past four years – most notably the passage of the Dodd-Frank Act and the subsequent creation of the Consumer Financial Protection Bureau (CFPB). Now that the CFPB has met its Dodd-Frank mandates, its attorneys are freed-up to review other areas of concern –  including credit cards. More…

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ILN Today Post

Our firm has joined the French Chamber of Commerce

The firm joined the French Chamber of Commerce in March 2014. With this move the firm has day-to-day connection already with three chambers of commerce – Dutch, Canadian and French – which duly reflects the firm’s commitment to international business partners. More…

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ILN Today Post


Royal Oak, Michigan, April 10, 2014: Howard & Howard Attorneys PLLC is pleased to announce that Leonard W. Sachs has been named the Office Managing Attorney of the Peoria, Illinois office. He will continue to maintain offices in Chicago and Peoria.

Mr. Sachs serves as head of the Labor and Employment Group at Howard & Howard Attorneys PLLC, a business law firm with offices in Michigan, Illinois and Nevada.

He graduated from Northwestern University in 1986, before matriculating to the University of Illinois College of Law, where for two years he served as Research Assistant to former Dean, Thomas M. Mengler. More…

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The Starting Point of Extinctive Prescription vs. Knowledge of a Defect Revealed in an Expert’s Report

The Superior Court confirms an important principle: the moment when knowledge of a defect revealed in an expert’s report is acquired does not necessarily constitute the starting point of extinctive prescription of an action based on latent defects.

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RSS closes a transaction in the information technology sector

On April 1, 2014, Canadian telecommunications giant TELUS acquired Groupe Enode Inc.., a Québec City company specialized in consulting and software for risk management and information technology security. Enode’s clients include private businesses as well as numerous departments and agencies of the Québec government. The acquisition forms part of TELUS’ strategy to help its clients protect themselves against the risk of computer piracy.

TELUS was represented by Jean-Marc Fortier, Sharon G. Druker, Geneviève Goulet and Nicholas Martin.

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