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Articles by Michael Burke
Planning Foreign Investment for 2027: Lessons From the CFIUS Annual Report
Key Takeaways CFIUS reviewed 347 covered transactions in calendar year 2025, an increase of nearly 7% from the prior year. More parties opted to file short-form declarations, but the report showed a noticeable decline in obtaining safe harbor via declarations. More than half of the notices proceeded to investigation. Withdrawals, refilings, and extended investigations continued to affect transaction timing.
CIPA Defense Playbook Has Three New Chapters: Here's What's New
A recent Massachusetts Superior Court decision offers significant guidance for businesses navigating the growing wave of litigation under California’s Invasion of Privacy Act (CIPA) and other similar state and federal privacy statutes. In Anthony D’Antonio v. Tripadvisor, LLC, Case No. 2684CV00331 (Suffolk Cty. Super. Ct. Aug. 31, 2026), Justice Christopher K.
CIPA Defense Playbook Has Three New Chapters: Here's What's New | JD Supra
A recent Massachusetts Superior Court decision offers significant guidance for businesses navigating the growing wave of litigation under California's Invasion of Privacy Act (CIPA) and other similar state and federal privacy statutes. In Anthony D'Antonio v. Tripadvisor, LLC , Case No. 2684CV00331 (Suffolk Cty. Super. Ct. Aug. 31, 2026), Justice Christopher K.
Meet AGG at IBA 2026 in Copenhagen
Event Details Location Bella Center Center Blvd. 5 København 2300 Denmark AGG looks forward to attending the International Bar Association (“IBA”) Annual Conference in Copenhagen, Denmark, from 4-9 October 2026, where we will join thousands of legal professionals from over 2,700 law firms, corporations, governments, and regulators across more than 130 jurisdictions.
Tariff Refunds: How to Evaluate and Respond
AGG Corporate and International partners Mike Burke and Allison Raley co-authored an article for Supply & Demand Chain Executive providing supply chain leaders with a practical framework for evaluating and responding to customer requests for tariff refunds. As tariff policies continue to change, suppliers of imported goods are increasingly receiving requests for credits or price adjustments after duties are reduced or paused.
Tariff Refund Requests: What Suppliers Need to Know
AGG Corporate and International partners Allison Raley and Mike Burke co-authored an article for Supply Chain 24/7 providing guidance for suppliers on what they need to know about tariff refund requests in the wake of shifting tariff policies. Navigating tariff refund requests is challenging, and an incorrect response could expose a company to unnecessary liability or damaged business relationships.
Tracking Pixel Litigation Expands: A State-by-State Guide to Wiretapping Risk
Routine website tracking tools are rapidly becoming one of the most significant sources of privacy liability for businesses today. Common website tracking technologies such as advertising pixels, analytics scripts, and session-replay tools were once considered routine features of modern website infrastructure. Today, they are driving a rapidly expanding wave of privacy litigation, exposing businesses across nearly every industry to significant liability under federal and state wiretapping laws.
CIPA Litigation Persists For Online Businesses While Reform Bill Sits Idle
The past year has seen sweeping developments in personal jurisdiction doctrine as applied to online privacy litigation, particularly in California. In April 2025, the Ninth Circuit’s en banc decision in Briskin v. Shopify, Inc.[1] recalibrated the specific-jurisdiction analysis for nationwide e-commerce platforms accused of harvesting and monetizing consumer data, expressly rejecting any requirement of “differential targeting” of the forum.
Tracking Pixel Litigation Expands: A State-by-State Guide to Wiretapping Risk
Routine website tracking tools are rapidly becoming one of the most significant sources of privacy liability for businesses today. Common website tracking technologies such as advertising pixels, analytics scripts, and session-replay tools were once considered routine features of modern website infrastructure. Today, they are driving a rapidly expanding wave of privacy litigation, exposing businesses across nearly every industry to significant liability under federal and state wiretapping laws.
Tracking Pixel Litigation Expands: A State-by-State Guide to Wiretapping Risk
Routine website tracking tools are rapidly becoming one of the most significant sources of privacy liability for businesses today. Common website tracking technologies such as advertising pixels, analytics scripts, and session-replay tools were once considered routine features of modern website infrastructure. Today, they are driving a rapidly expanding wave of privacy litigation, exposing businesses across nearly every industry to significant liability under federal and state wiretapping laws.
Tracking Pixel Litigation Expands: A State-by-State Guide to Wiretapping Risk
Routine website tracking tools are rapidly becoming one of the most significant sources of privacy liability for businesses today. Common website tracking technologies such as advertising pixels, analytics scripts, and session-replay tools were once considered routine features of modern website infrastructure. Today, they are driving a rapidly expanding wave of privacy litigation, exposing businesses across nearly every industry to significant liability under federal and state wiretapping laws.
Supreme Court Invalidates IEEPA Tariffs: What Importers Should Do Now | JD Supra
Key Takeaways The Supreme Court ruled that the International Emergency Economic Powers Act does not authorize presidential tariffs, holding that tariff authority rests with Congress under Article I of the Constitution. This decision immediately invalidates IEEPA-based duties but does not affect tariffs imposed under Sections 232 or 301. Importers must act quickly to preserve refund rights.
CIPA Litigation Persists For Online Businesses While Reform Bill
The past year has seen sweeping developments in personal jurisdiction doctrine as applied to online privacy litigation, particularly in California. In April 2025, the Ninth Circuit’s en banc decision in Briskin v. Shopify, Inc.1 recalibrated the specific-jurisdiction analysis for nationwide e-commerce platforms accused of harvesting and monetizing consumer data, expressly rejecting any requirement of “differential targeting” of the forum.
CIPA Litigation Persists For Online Businesses While Reform Bill Sits Idle | JD Supra
The past year has seen sweeping developments in personal jurisdiction doctrine as applied to online privacy litigation, particularly in California. In April 2025, the Ninth Circuit’s en banc decision in Briskin v. Shopify, Inc.1 recalibrated the specific-jurisdiction analysis for nationwide e-commerce platforms accused of harvesting and monetizing consumer data, expressly rejecting any requirement of “differential targeting” of the forum.
Strong Operating Agreement Is Best Defense (and Offense) For Founders | JD Supra
Founding a business with a partner is similar to getting married in many ways; it is a long-term commitment with your financial future and livelihood at stake. Unfortunately, business partners often stop getting along at certain major inflection points of a startup’s journey. Sometimes partners have irreconcilable differences of opinion over critical decisions for the business, such as whether to seek outside investors or funding, bring on new partners, or enter new lines of business or markets.
Driving the Workday: The Third Circuit Clarifies Compensable Travel Time Under the FLSA | JD Supra
Key Points: Travel during the workday between clients’ homes is compensable under the Fair Labor Standards Act. The key is whether the employee is considered on-duty at the time of travel—that is, whether the employee can use the time effectively for personal purposes. Travel to a job site following an off-duty period is only compensable if “integral and indispensable” to the employee’s duties.
How Companies Can Protect Against Rising Technology Costs Amid U.S. Reciprocal Tariffs | JD Supra
On April 2, 2025, the Trump administration announced a series of reciprocal tariffs, significantly impacting various global industries. These measures included a 25% tariff on auto imports, an additional 10% tariff on Chinese imports, and a 25% tariff on steel and aluminum. Furthermore, a 25% tariff was imposed on all products from Canada and Mexico not covered by the U.S.-Mexico-Canada trade agreement.
Focused Escalation: Administration Pauses Most Tariffs, Raises China Rate to 125%, Signals Broader Sector Reach | JD Supra
Key Takeaways President Donald Trump announced a 90-day pause on all the “reciprocal” tariffs, with the exception of China, which will see tariffs increased to 125%. The president said he also expects Beijing to reach an agreement. “China wants to make a deal,” he said.
The Impact of U.S. Reciprocal Tariffs on Global Supply Chain | JD Supra
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Escalating Trade War: U.S. Prepares Next Round of Tariffs as Canada, China, and Mexico Counter | JD Supra
In response to the latest wave of U.S. trade restrictions, both Canada and China have swiftly implemented countermeasures, escalating tensions in an already volatile trade landscape. Canada has announced a 25% tariff on U.S. goods, while China has imposed new tariffs on American agricultural products and trade restrictions on U.S. firms. These actions signal an intensification of global trade disputes, with Mexico expected to follow suit with additional countermeasures on Sunday, March 9, 2025.
Upcoming Tariffs on Canada, Mexico, and China Set for March 4, New U.S. Copper Import Investigation, and Key Next Steps for Companies | JD Supra
Tariffs on Canada, Mexico, and China On March 4, 2025, the United States will implement previously suspended tariffs on imports from Canada and Mexico, as well as new tariffs on Chinese imports, marking a significant escalation in trade tensions under the Trump administration.
Second Circuit Affirms Priority Payment of Broker Fees Included in Aircraft Leases Utilizing the “Billing-Date Approach” Under Bankruptcy Code § 365(d)(5) | Pillsbury Winthrop Shaw Pittman LLP - JDSupra
Under Section 365(d)(5), lease obligations arise when payments become due, requiring debtors to comply with all lease obligations post-petition unless and until the lease is rejected within the statutory grace period. Airlines will always need access to new aircraft to expand and replace their fleets. When an airline utilizes an intermediary, such as a broker, it must pay a commission to lease or purchase aircraft.
President Trump Modifies Section 232 Steel and Aluminum Tariffs | JD Supra
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Tariff Update: February 5, 2025 | JD Supra
The United States Postal Service has reversed its decision to temporarily suspend inbound packages from China and Hong Kong, citing coordination with U.S. Customs and Border Patrol to implement an efficient tariff collection mechanism. This change follows significant trade policy shifts, including new tariffs imposed by the U.S. government. Additionally, China has responded with retaliatory tariffs on U.S. goods, including coal, natural gas, crude oil, agricultural machinery, and automobiles.
Tariff Update: New U.S. Tariffs Take Effect February 4, Retaliation Follows | JD Supra
UPDATE: Shortly after the publication of this alert, the tariffs on Canadian-origin products were paused for 30 days. On February 1, 2024, the U.S. announced a sweeping range of tariffs on imported goods: 25% on all Canadian-origin products except for energy-related products, which will be subject to a 10% tariff 10% on all Chinese-origin products 25% on all Mexican-origin products However, the tariffs on Mexican-origin products were suspended on February 3, 2025, for a period of 30 days.
New U.S. Tariffs on Goods From Canada, China, and Mexico Take Effect February 1 | JD Supra
Effective February 1, 2025, the U.S. will impose new tariffs on imported goods, significantly impacting businesses engaged in cross-border trade. The tariffs include: A 25% tariff on goods imported from Canada and Mexico A 10% tariff on goods imported from China While these tariffs apply broadly to all goods from these countries, oil may be exempted. U.S. authorities have not yet made clear the process for requesting exemptions.
U.S.-Colombia Dispute Highlights the Importance of Understanding Supply Chains and Business Partners | JD Supra
As U.S. trade policies continue to evolve (sometimes in the matter of hours), businesses must be prepared for sudden shocks and disruptions that can impact their supply chains. The U.S. government’s actions during the recent stand-off between the U.S. and Colombia over military repatriation flights highlight the need for corporations to conduct a thorough supply chain analysis and review of their non-U.S. business partners.
[Webinar] Digital Defense: Safeguarding Your Business and Website From Privacy Act Risks - December 18th, 12:00 pm - 12:45 pm ET | JD Supra
Businesses operating public-facing websites should be aware of a troubling (and potentially expensive) trend: Mass arbitration claims are being filed against site operators, with plaintiffs arguing that website operators' use of third-party data analytics software violates data privacy laws. How can your business defend against this trend and proactively mitigate risk from these often-frivolous claims? Our webinar covers the strategies.
Bureau of Industry and Security Issues New Guidance to Financial Institutions on Best Practices for Export Administration Regulations Compliance Best Practices | Arnall Golden Gregory LLP - JDSupra
In October 2024, the Bureau of Industry and Security (“BIS”) issued new guidance to financial institutions (“FIs”) on best practices for compliance with the Export Administration Regulations (“EAR”). This guidance outlines best practices for FIs to ensure comprehensive compliance with the EAR, managed by the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”).
The Calls You Forward to Voicemail Just Got More Expensive to Make | JD Supra
Beginning October 1, 2024, telemarketers will have to pay higher fees for access to phone numbers on the National Do Not Call Registry. In a unanimous decision, the FTC increased annual subscriptions by $2 for access to a single area code and by $636 for access to all area codes nationwide. The final rule can be found here: https://www.ftc.gov/legal-library/browse/federal-register-notices/telemarketing-sales-rule-do-not-call-fees-final-rule-2024. [View source.]
Recent Ruling Addresses Applicability of Alternative A and Cape Town Convention in U.S. Bankruptcy Cases | JD Supra
In the absence of a formal declaration or notification to UNIDROIT, Alternative A (as adopted domestically by Sweden) is deemed to have no international effect and no applicability in U.S. bankruptcy case. TAKEAWAYS Although Sweden has adopted Alternative A for domestic law purposes, the U.S. Bankruptcy Court for the Southern District of New York held that Alternative A does not apply in SAS AB’s chapter 11 case.
Proactive Protections Against CIPA Mass Arbitrations? Updated Terms of Use | JD Supra
Businesses operating public facing websites that employ data analytics software to track users’ website interactions must be aware of a novel use of the California Information Privacy Act (“CIPA”) that has taken the plaintiffs’ bar by storm.
As Wiretap Act Claims Abound, ‘Submarine’ Counterattack Launched | JD Supra
The proliferation of class action lawsuit and arbitration claim filings under the Federal Wiretap Act and various state wiretap statutes has recently grown beyond California, as other states are now beginning to see more significant numbers of these claims. These mass filings that began in California under the California Invasion of Privacy Act (“CIPA”) have spread to several other states with wiretap statutes, including Pennsylvania, Washington and Massachusetts.
Third Circuit Opts for Broad, “Fact-Specific Inquiry” Test in Analyzing Whether Certain Work-Related Activities Are Compensable Under the FLSA | JD Supra
Tyger v. Precision Drilling Corp., 78 F.4th 587 (3d Cir. 2023) A group of oil rig hands sued their employer, Precision Drilling Corp. (PDC), alleging they were entitled to wages under the Fair Labor Standards Act (FLSA) for time spent changing in and out of their protective gear, which included flame-retardant coveralls, steel-toed boots, hard hats, safety glasses, gloves, and earplugs.
Third Circuit Reaffirms High Bar for Showing ‘Severe and Pervasive’ Harassment for Hostile Work Environment Claims Under Title VII | JD Supra
A nurse practitioner sued her employer alleging, inter alia, a hostile work environment on the basis of her sex in violation of Title VII of the Civil Rights Act of 1964 (Title VII). Specifically, the plaintiff claimed that her direct supervisor made numerous inappropriate sexual comments to her throughout her employment, thereby creating an environment of severe and pervasive harassment.
Third Circuit Holds Uber Drivers Are Not Exempt From Federal Arbitration Act and Are Subject to Binding Arbitration | JD Supra
The Third Circuit joined the First and Ninth Circuits in holding that Uber drivers are not exempt from the Federal Arbitration Act (FAA) and, therefore, are subject to binding arbitration.
Form S-3 CHOICEONE FINANCIAL SERV
1. CRM 2. SPY 3. CRWD 4. AAP 5. NTAP 6. AI 7. AVGO 8. USO 9. M 10. OKTA June 1, 2023 4:34 PM EDT Get inside Wall Street with StreetInsider Premium. Claim your 1-week free trial here. As filed with the Securities and Exchange Commission on June 1, 2023 Registration No. 333- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 _____________________ FORM S-3 _____________________ REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 _____________________ ChoiceOne Financial Services, Inc.
2023 Minnesota Legislative Session Employment Law Updates: What Employers Need to Know Now | JD Supra
The 2023 Minnesota legislative session, which ended May 22, was chock-full of critical employment law developments that will have immediate and ongoing impacts for employers in Minnesota on a variety of fronts, including paid leave, accommodations, noncompetition agreements, drug testing and other worker safety requirements, to name a few. Below is a summary of the most critical developments that apply to most Minnesota employers and what they mean for employer practices and operations.
Third Circuit reaffirms high bar for showing ‘severe and pervasive’ harassment for hostile work environment claims under Title VII.
A nurse practitioner sued her employer alleging, inter alia, a hostile work environment on the basis of her sex in violation of Title VII of the Civil Rights Act of 1964 (Title VII). Specifically, the plaintiff claimed that her direct supervisor made numerous inappropriate sexual comments to her throughout her employment, thereby creating an environment of severe and pervasive harassment.
Interference with the right to strike: the Strikes (Minimum Service Levels) Bill
The British government has launched yet another attack on British trade unions. At the time of writing, the Strikes (Minimum Service Levels) Bill is currently making its way through Parliament. The Bill will impose, for the first time, minimum service levels (“MSLs”), to be observed in strikes in six sectors of the economy: health services, fire and rescue services, education services, transport services, nuclear decommissioning, and border security.
“Gruyere” Not Protectable with the USPTO | JD Supra
In Interprofession du Gruyere v. U. S. Dairy Exp. Council, 61 F.4th 407 (4th Cir. 2023), two European cheesemaking consortiums sought appellate review of a USPTO ruling, which sustained American cheesemaking companies’ opposition to the consortiums’ application to certify the mark “gruyere.” The United States District Court for the Eastern District of Virginia granted the American cheesemaking companies’ motion for summary judgment, which was affirmed by the Fourth Circuit on appeal.
AmeriSource Decision a Difficult Pill to Swallow for Securities Plaintiffs | JD Supra
The opioid crisis has garnished nationwide attention for decades and has resulted in thousands of lawsuits, subjecting pharmaceutical distributors to billions of dollars in damages.
Reduce Your Risk (And We’re Not Just Talking COVID-19 Vaccines) | JD Supra
When COVID-19 was on the rise, ransomware attacks were right alongside it. A new investigation published in JAMA Health Forum found that ransomware attacks more than doubled in the last five years. Ransomware is software that is harmful to a computer network or server because it prevents users from accessing their systems and demands a ransom to restore access.
Cross-Border Securitization: 10 Things to Know About Securitizing Canadian Assets into the U.S | JD Supra
Cross-border securitizations involving Canadian assets can take various forms. For example: • U.S. originator may have sold products to Canadian customers and wants to include the related receivables (owing by Canadians) as part of an otherwise U.S. securitization. • A Canadian originator may complete a Canadian securitization (selling to a Canadian special purpose entity (SPE)), but wants to fund it with notes sold in whole or in part to U.S. investors.
Watch Out For The Minnesota Health Records Act | JD Supra
Medical providers operating in Minnesota must be aware of the Minnesota Health Records Act’s (“MHRA”) requirements to avoid liability exposure. Enterprising plaintiff’s attorneys are bringing these claims at an increasing pace, no matter how harmless the provider’s error might be. The MHRA allows patients to bring claims and seek damages for an alleged “misuse” of their medical records.
NCAA Issues Formal Guidance Regarding Booster Influence on NIL Deals | JD Supra
Last summer, the NCAA allowed student-athletes to be paid for the use of their names, images, and likenesses (“NIL”), but did not issue formal guidance on the matter. That changed on May 9, 2022, when the NCAA’s Division One Board of Directors issued formal guidance, specifically regarding boosters, in an attempt to strike a balance between student-athletes’ right to benefit from their names, images, and likenesses, while keeping booster influence at bay.
Kathi Vidal Confirmed As The Next USPTO Director | JD Supra
On April 5, 2022, after more than one year of vacancy, the Senate confirmed attorney Kathi Vidal as the next director of the United States Patent and Trademark Office. Ms. Vidal is an experienced litigator and managing partner at Wintson & Strawn LLP’s Silicon Valley office, and is one of the leading IP litigators and Federal Circuit strategists in the country. She will lead more than 13,000 employees at the USPTO and oversee its nearly $4 billion budget.
Russia Sanctions: What Global Business Needs To Know Now
Worldwide: Russia Sanctions: What Global Business Needs To Know Now 04 March 2022 by Michael E. Burke and Felix S. Swierski IV Arnall Golden Gregory To print this article, all you need is to be registered or login on Mondaq.com.
Russia Sanctions: What Global Business Needs to Know Now | JD Supra
In response to the Russian invasion of Ukraine — and Belarus’s support of the invasion — the United States has unveiled a range of economic sanctions on Russia and Belarus over the past week that will impact every U.S. business with operations or contacts in those jurisdictions. This client alert will discuss the sanctions imposed as of February 28, 2022. This is a fast-moving issue and additional sanctions are possible at any time.
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