Bruce Atlas Joins Pentastar Aviation Charter, Inc. As Director of Quality Assurance

WATERFORD, MI. – Pentastar Aviation, a leader in the world of business aviation, announced today that Bruce Atlas has the joined company as Director of Quality Assurance. Mr. Atlas reports to Michael Baker, Vice President of Safety & Compliance, and replaces Dave Marble who will retire this month.

“I am pleased to announce that Bruce Atlas has accepted the position of Director of Quality Assurance,” said Baker. “Bruce has an extensive career in aviation quality management including FAR 121, 129, 135 and 145 maintenance operations for airline and business aircraft operations, some of which included initial certification. Additionally, Bruce has served as Director of Maintenance for a large fleet of commercially operated business jets; a C.A.S.E. Level III auditor; an AS9100 auditor; and an ISO 9001 auditor. We are excited to welcome him into the Pentastar family.”

In his role as Director of Quality Assurance, Atlas is responsible for providing management and ongoing oversight of aircraft maintenance quality assurance activities for Pentastar fleet aircraft. This position is accountable for monitoring compliance with the company manual system and the Federal Aviation Regulations relative to the maintenance and continuous airworthiness of Pentastar’s fleet.

In addition to the positions identified above, prior to joining Pentastar, Atlas also held the title of Chief Inspector; Manager of Quality Assurance; Director of Quality; and Quality Assurance Engineer. Most recently he served as Quality Engineer for GE Avionics.

Atlas studied Aviation Technology at Gavilan College in Gilroy, California and has an A&P License and several industry certifications for quality.

“I am excited to join the Pentastar team,” said Atlas. “Pentastar has a sterling reputation for safety and service excellence and I know my background will further contribute to that. I look forward to sharing my knowledge and learning from the Pentastar team.”

About Pentastar Aviation

Pentastar Aviation Charter, Inc. is a wholly owned subsidiary of Pentastar Aviation, LLC.

Pentastar Aviation, wholly owned by Edsel B. Ford II, is a leader in the world of business aviation, providing aircraft management, advisory services, aircraft maintenance, avionics services, interior services and award-winning FBO services. Air charter transportation services are provided by Pentastar Aviation Charter, Inc., a U.S. FAR Part 135 on-demand air carrier, or by other U.S. FAR Part 135 certificated on-demand air carriers arranged by Pentastar Aviation, LLC. Their team is committed to delivering the highest standards of safety and service excellence to their customers.

Pentastar Aviation has been servicing regional and global travelers for more than 50 years and is headquartered at Oakland County International Airport (PTK). For more information, please visit www.pentastar.aero.

Michigan Construction Industry benefits from Butzel Long’s role in Michigan Supreme Court Ruling on Commercial General Liability Coverage

DETROIT, Mich. – The Michigan Supreme Court issued a unanimous opinion on June 29, 2020, in a case with favorable wide-ranging implications for construction contractors who routinely purchase Commercial General Liability (CGL) insurance.

In a break from more than 30 years of established law, the Court held unintended or unanticipated faulty workmanship by a subcontractor which damages the General Contractor’s work product, may constitute an “accident” and therefore be an “occurrence” triggering insurance coverage for the costs of repairs to correct the subcontractor’s faulty work.

Butzel Long’s role

Butzel Long’s Construction and Appellate Practice groups were engaged by the Michigan Infrastructure and Transportation Association to file an amicus curiae brief, which is a brief filed by an interested group of persons or companies when a matter of importance for a large group comes before the court.

Butzel Long attorneys Eric Flessland, Kurtis T. Wilder, and Michael Griffie wrote the amicus curiae brief demonstrating the correct interpretation and application of the insurance policy and urging the Court to take up this insurance coverage question of such importance to the construction industry. The Michigan Supreme Court granted leave to appeal and heard oral arguments in April. The Michigan Supreme Court agreed with Butzel Long’s positions concerning insurance coverage in this important ruling.

Background

In Skanska USA Building v MAP Mechanical Contractors, Inc., Skanska served as the construction manager and contracted with MAP to install a steam boiler for the Mid-Michigan Medical Center. MAP accidentally installed some of the expansion joints backward which lead to over $1 million in damages to concrete, steel, and the heating system itself. Skanska paid for these repairs and sued Amerisure under a CGL policy seeking recovery. Consistent with prior law, Skanska’s claims against the insurance company were rejected, and the Court of Appeals affirmed the trial court’s ruling. The Court of Appeals reasoned that although Skanska could seek coverage for any damage its work did to a third party’s property, it could not recover for damage to its own work. That Court concluded there was no “coverage” under the CGL policy because the only damage was to Skanska’s own work product, which did not constitute an “accident.” Skanska sought leave to appeal that ruling to the Michigan Supreme Court.

Michigan Supreme Court Decision

Writing in a unanimous opinion for the Court, Chief Justice McCormack said, “Under the current standard language of CGL policies, an ‘accident’ may include unintentionally faulty subcontractor work that damages an insured’s work product. Accordingly, Skanska may be able to recover under the Amerisure policy the cost of repairs Skanska incurred when it corrected faulty work performed by MAP in the renovation of the medical center … [G]iven the plain meaning of the word ‘accident’, we conclude that faulty subcontractor work that was unintended by the insured may constitute an ‘accident’ (and thus an ‘occurrence’) under a CGL policy.”

Before this decision, Michigan courts had ruled that defective work resulting in a claim against the contractor because of injury to a third party or damage to a third party’s property is “unforeseeable,” and therefore a covered “occurrence,” but the same defective work that results in a claim against the contractor because of damage to the completed project is “foreseeable” and not covered.

“This distinction made the definition of ‘occurrence’ in the initial grant of coverage dependent upon which property was damaged,” said Eric Flessland, Butzel Long attorney who represents heavy construction contractors and their trade associations in the public and private sector. “However, the Court correctly noted that distinction is contrary to the plain language of the CGL policy in use today, and limited that old rule to the 1973 version of CGL policies that are no longer used by the insurance industry. Unintended faulty workmanship that damages the insured’s work product constitutes an ‘occurrence’. Whether there is coverage depends upon applying the exclusions and exceptions to the exclusions in the CGL policies.

“The impact of this ruling on the construction industry cannot be overstated,” he added. “If a subcontractor performs poorly and accidentally causes property damage to completed work, the General Contractor’s CGL insurance carrier now may be required to pay for the loss – even if the loss is only to the General Contractor’s own work.”

About Butzel Long

Butzel Long is one of the leading law firms in Michigan and the United States. It was founded in Detroit in 1854 and has provided trusted client service for more than 160 years. Butzel’s full-service law offices are located in Detroit, Bloomfield Hills, Lansing and Ann Arbor, Mich.; New York, NY; and, Washington, D.C., as well as an alliance office in Beijing. It is an active member of Lex Mundi, a global association of 160 independent law firms. Learn more by visiting www.butzel.com or follow Butzel Long on Twitter: https://twitter.com/butzel_long

ASE Releases 2020 Compensation Survey Results

Media Contact: Heather Nezich, Manager, Communications, ASE, 248.223.8040, hnezich@aseonline.org

Livonia, Mich. —June 29, 2020 — ASE, one of the nation’s oldest and largest employer associations providing people-management information and services to Michigan employers, released the organization’s 2020 Compensation Survey results at its annual Compensation and Benefits Conference last week. It’s the 68th year that ASE has published the annual survey. The findings were released by Mary E. Corrado, president and CEO of ASE.

“Our data, collected directly from local employers, is critical in helping employers make informed decisions about wages,” stated Corrado. “This information, like many of our benchmarking studies, will be vital as we look to navigate uncertain and volatile economic conditions due to the current pandemic.”

2020 Survey Demographics
A total of 319 companies, 57% of them located in the metro Detroit region, responded to the survey, which was distributed to human resource professionals in January 2020. Just over 40% of the respondents are classified as automotive suppliers, and 481 jobs were reported on. 82% of the organizations that responded have 1-500 employees.

2020 ASE Compensation Survey Highlights:
• Actual wage increases, based on a constant sample of companies, increased 2.6% year over year. The constant sample represents companies who reported data in both 2019 and 2020.
• Merit increase budgets, what a company budgets for performance-based pay increases, averaged 3%. This is consistent with 2019 merit budgets.
• Organizations offering variable or incentive pay showed a slight decrease to 80% in 2020 compared to 83% in 2019.
• Legal, Facilities Management, Scheduling, Administrative, Sales / Marketing and Information Systems are all fields that witnessed average wage increases of 3% and higher.
• Design Engineering and Product Development Engineering job groups average wage increases were 3.6% and 3.5% respectively.

To obtain a copy of the 2020 Compensation Survey results, contact Kevin Marrs, Vice President at ASE, 248-223-8025 or kmarrs@aseonline.org.

About ASE
ASE is Michigan’s trusted HR partner. ASE is a non-profit, membership organization – everything we do is based on the needs of members and to drive the success of their organizations. ASE strengthens organization’s HR departments by offering member benefits and discounted services that span the entire employee lifecycle including recruitment, development, and retention while minimizing compliance risk. We provide our members guidance through new legislation and workplace issues such as those currently occurring with the COVID-19 pandemic. Learn more about ASE at www.aseonline.org.

Miller Canfield Joins Law Firm Antiracism Alliance

Miller Canfield is pleased to announce that it has joined the Law Firm Antiracism Alliance.

The Alliance was formed in June 2020 to “leverage the resources of the private bar in partnership with legal services organizations to amplify the voices of communities and individuals oppressed by racism, to better use the law as a vehicle for change that benefits communities of color and to promote racial equity in the law,” according to its charter.

The Alliance will collaborate across law firms nationwide and will facilitate coordination among member firms to support legal services organizations, which have for decades worked to dismantle systemic racism to create large-scale immediate and long-term pro bono projects.

The Alliance has identified as action items:

Host a summit of key stakeholders to prioritize the LFAA’s work facilitated by experts in the areas of racial justice and systemic project design
Develop Systemic Racism Legal Inventory, a catalog of laws, rules, policies and practices that result in negative outcomes for people of color, with priority focus on tackling anti-Black racism
Implement legislative and regulatory advocacy strategies to change laws, rules, policies and practices identified in the Systemic Racism Legal Inventory
Initiate high-impact litigation to effectuate reform identified in the Systemic Racism Legal Inventory

Miller Canfield is one of more than 125 top law firms nationwide to join the Alliance.

Michelle Crockett Elected as Fellow in College of Labor and Employment Lawyers

Miller Canfield is pleased to announce that principal attorney Michelle Crockett has been elected by her national peers as a fellow of the prestigious College of Labor and Employment Lawyers.

The College of Labor and Employment Lawyers is a nonprofit organization founded in 1995 as a professional organization to honor leading lawyers and has evolved to become a leading resource for the community, the judiciary, the government and academia. Members promote excellence in the practice of law by setting high standards of professionalism and civility and by sharing their experience and knowledge. Only the most distinguished leaders in the legal community are nominated and subsequently inducted into the College.

“Michelle is a highly respected and dedicated leader among lawyers,” said Miller Canfield CEO Michael McGee. “She embodies the professionalism and high standards that the College of Labor and Employment Lawyers require of its fellows. We congratulate her and thank her for her outstanding service to clients and to the legal community.”

Crockett is a principal attorney and Miller Canfield’s Hiring, Diversity and Development Principal. She leads the firm’s hiring of attorneys, recruitment, diversity and inclusion initiatives, mentoring programs, professional development and continuing legal education (CLE) initiatives. Her practice focuses on defending Fortune 500 companies and public-sector clients, against a variety of employment-related claims. She conducts internal investigations which involve claims of harassment, retaliation, discrimination, malfeasance and misappropriation of funds.

Crockett teaches Race in the Law, K-12 Education Law, and Employment Law at the University of Michigan Law School. She chairs the State Bar of Michigan’s Labor and Employment Law Section, and is a member of the Women Lawyers Association of Michigan Foundation Board and the Detroit Regional LGBT Chamber of Commerce Board of Directors. She also serves as the chair of the Michigan Community Resources Board of Directors.

Crockett has earned numerous honors and recognitions, including: Michigan Lawyers Weekly Leaders in the Law, 2020; the D. Augustus Straker Bar Association Trailblazer Award, 2019; Leadership Oakland Leader of Leaders, 2018; Crain’s Notable Women Lawyers in Michigan, 2017; and Michigan Chronicle Women of Excellence, 2015.

Crockett will be officially inducted into the College of Labor and Employment Lawyers later this year.

Steven Chester Elected as Fellow of American College of Environmental Lawyers

Miller Canfield is pleased to announce that Steven Chester has been elected by his peers as a fellow of the prestigious American College of Environmental Lawyers. Chester is a senior counsel attorney with extensive experience in the public and private sector.

The American College of Environmental Lawyers (ACOEL) is a professional association of distinguished lawyers who are dedicated to maintaining and improving the ethical practice of environmental law, the administration of justice and the development of environmental law at the state and federal level. Membership is by invitation and members are recognized by their peers as preeminent in their field.

“Steve Chester has vast and diverse experience in the area of environmental law,” said Miller Canfield CEO Michael McGee. “In both the private and public sectors, Steve is a true leader and an exceptional attorney. His expertise will be an asset to ACOEL as much as it is an asset to Miller Canfield and our clients.”

Chester began his career in environmental law as a Wayne County Assistant Prosecuting Attorney, then as a Michigan Assistant Attorney General, and later served as the Environmental Protection Agency’s (EPA) Deputy Director for the Office of Criminal Enforcement. From 2003 to 2010, Chester served as Director of the Michigan Department of Environmental Quality (DEQ), the highest ranking environmental regulatory position in the state. From 2011 to 2014, he re-joined EPA as Deputy Assistant Administrator for the Office of Enforcement and Compliance Assurance.

In private practice at Miller Canfield, Chester advises clients on compliance and regulatory matters associated with a broad range of federal and state environmental laws, including air, water, wetlands, critical dunes, inland lakes and streams requirements, among others. His notable private and public sector work includes:

Served as environmental counsel for the purchaser of the RACER Willow Run “Arsenal of Democracy” site located in Ypsilanti Township, now home to one of the nation’s premier automated and connected vehicle technology research and development facilities.
Provided environmental transaction support to a Chinese-based client in the multi-million dollar purchase of a sprawling float glass manufacturing complex.
Served as a Michigan Cabinet Member responsible for the administration and oversight of Michigan’s air quality, water and wetland resources, land management, and remediation and redevelopment programs.
Represented both private and public sector clients in state and federal environmental litigation, and in appellate advocacy before the Michigan Court of Appeals, Michigan Supreme Court, and the U.S. Sixth Circuit Court of Appeals.

Chester is a fellow of the Michigan State Bar Foundation, and is recognized in Best Lawyers in America, Environmental Law. He is a member of the American Bar Association Section of Natural Resources, Energy, and Environmental Law, and is the current Chair of the Board of Directors for the Center for Climate Strategies.

Walsh Introduces Master of Science in Data Analytics

TROY, Mich., June 29, 2020 — Walsh has introduced a Master of Science in Data Analytics (MSDA), available beginning Jan. 4, 2021. The MSDA can be completed 100% online (asynchronously or in real time), on ground, or a combination of each. The custom-developed curriculum emphasizes critical thinking, problem solving and applied skill building through hands-on exercises. Students move through the program by “leveling up” from one course to the next. The MSDA includes ten core courses and three additional foundation courses for students without a technical background. There is no GRE requirement and applications are currently being accepted.

Demand for qualified data analysts is rising. According to the World Economic Forum 2018 Future of Jobs Report, 85% of companies surveyed reported plans to adopt data analytics by 2022 and a 2019 LinkedIn survey reported data analytics as one of the top 25 skills most companies need.

“Walsh’s cutting edge technology programs instill critical thinking, problems solving and analytics skills that align with industry expectations,” said Dave Schippers, D.Sc., CISSP, chair and professor of Information Technology/Decision Sciences (ITDS). “Our students train on enterprise-level software and graduate ready to use their knowledge and skills immediately in the workplace.”

Walsh’s ITDS programs are frequently recognized for excellence. The Master of Science in IT has been ranked second in the nation and was named one of 2020’s Best Online Cybersecurity Master’s Degree Programs. Walsh was the first school in the nation to offer a degree concentration in automotive cybersecurity and was the first school in Michigan to be recognized as a Center of Academic Excellence in Cyber Defense.

For more information about Walsh programs, visit walshcollege.edu/future-students.

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ABOUT WALSH
Walsh is an all-business, private, independent, not-for-profit, fully accredited college offering undergraduate, graduate and doctoral business and technology degrees, as well as certificate programs. Founded in 1922, Walsh is one of Southeast Michigan’s largest graduate business schools, offering classes in several locations and online. Our internationally and nationally-ranked programs integrate theory and application to prepare graduates for successful careers. Walsh degree programs include accounting, finance, information technology, human resources, management, marketing, taxation and other fields. For more information, please visit www.walshcollege.edu.

Walsh is accredited by the Higher Learning Commission (www.hlcommission.org) and the Accreditation Council for Business Schools & Programs (www.acbsp.org).

Butzel Long attorney Jennifer Dukarski invited to co-host MLRC Zoom program on LGBQT rights and the First Amendment on June 30

ANN ARBOR, Mich. – Jennifer Dukarski, Butzel Long attorney, shareholder and leader of the firm’s connected car working group, will co-host a Media Law Resource Center (MLRC) Zoom program at 2 p.m. on Tuesday, June 30, 2020 on LGBQT rights and the First Amendment.

The discussion will focus on the implications of Bostock v. Clayton County as well as questions on whether and how the First Amendment has been used to advance equality. Featured participants include Stanford Law School’s Pamela Karlan, who argued Bostock and Paul Smith of the Campaign Legal Center, who argued Lawrence v. Texas.

Dukarski focuses her practice at the intersection of technology and communications with an emphasis on emerging and disruptive issues: digital media and content, cybersecurity and privacy, infotainment and shared mobility, and connected and autonomous cars.

In her practice, she has assisted clients with defamation, invasion of privacy, copyright, and other content-based claims. She focuses on compliance with various industry regulations and has become a national leader in legal issues facing emerging automotive technology and is the leader of Butzel Long’s connected car working group.

A self-titled “recovering engineer,” Dukarski was named one of the 30 Women Defining the Future of Technology in January 2020 by Warner Communications for her innovative thoughts and contributions to the tech industry.

About Butzel Long

Butzel Long is one of the leading law firms in Michigan and the United States. It was founded in Detroit in 1854 and has provided trusted client service for more than 160 years. Butzel’s full-service law offices are located in Detroit, Bloomfield Hills, Lansing and Ann Arbor, Mich.; New York, NY; and, Washington, D.C., as well as an alliance office in Beijing. It is an active member of Lex Mundi, a global association of 160 independent law firms. Learn more by visiting www.butzel.com or follow Butzel Long on Twitter: https://twitter.com/butzel_long

Butzel Long donation to Salvation Army will provide more than 2,300 meals to Metro Detroiters in need

DETROIT, Mich. – Southeast Michigan food pantries face a daily challenge to provide nutritious food to families in need, which has been heightened by the COVID-19 pandemic.

Butzel Long law firm is helping by donating $2,500 to the Salvation Army Eastern Michigan Division. The donation through the Butzel Long Charitable Trust will provide 2,336 meals to families struggling with food insecurity, feeding many families for several days.

Notably, last month, Butzel Long also made a financial donation to Gleaners to help metro Detroit neighbors in need. Butzel Long continues to look for and implement ways to help those most in need during these unprecedented times.

Throughout the year, Butzel Long supports many local organizations, charities, and community activities in an effort to give back to the City that it has been located in for more than 160 years. The Butzel Long Charitable Trust believes that if you change one life, you can change the world. And Butzel Long continues to try to reach those it can most directly help.

“Metro Detroit has been severely impacted by the current health and economic crises,” said Paul M. Mersino, attorney and shareholder at Butzel Long and Trustee of its Charitable Trust. “Families depend on local food pantries. It is important to support our community and the good work of organizations like the Salvation Army and Gleaners. Butzel Long will continue to find ways to help our neighbors in need.”

About Butzel Long

Butzel Long is one of the leading law firms in Michigan and the United States. It was founded in Detroit in 1854 and has provided trusted client service for more than 160 years. Butzel’s full-service law offices are located in Detroit, Bloomfield Hills, Lansing and Ann Arbor, Mich.; New York, NY; and, Washington, D.C., as well as an alliance office in Beijing. It is an active member of Lex Mundi, a global association of 160 independent law firms. Learn more by visiting www.butzel.com or follow Butzel Long on Twitter: https://twitter.com/butzel_long

Cynthia Moore Selected as a Member of the Michigan Lawyers Weekly Class of 2020 Hall of Fame

TROY, Mich., June 24, 2020 – Dickinson Wright PLLC is pleased to announce that Cynthia Moore (Member and Division Director, Regulatory – Administration, Troy) has been selected as a member of the Michigan Lawyers Weekly Class of 2020 Hall of Fame.

Michigan Lawyers Weekly’s Hall of Fame recognizes Michigan legal leaders over the age of 60, or who have practiced for 30 years or more, for their successful careers and valuable contributions to the community. The Class of 2020 Hall of Fame will be profiled in a special section of the October 12th issue of Michigan Lawyers Weekly. “I am truly honored to be selected by Michigan Lawyers Weekly as a member of their 2020 Hall of Fame Class. This list is filled with such talented and accomplished attorneys,” said Cynthia.

Ms. Moore is a national expert on fringe benefit plans and is counsel to numerous plan sponsors in the design and administration of welfare benefit plans and qualified retirement plans. She also counsels companies and compensation committees on the tax, ERISA, and securities law aspects of executive compensation programs, such as supplemental executive retirement plans, stock incentive plans, and non-qualified deferred compensation plans. She regularly speaks at seminars across the state regarding employee benefits and taxation issues and is the co-author of BNA Tax Management Portfolio No. 394, “Employee Fringe Benefits.” Ms. Moore is recognized for her expertise in employee benefits law in Chambers, Best Lawyers and Super Lawyers. She received her J.D. from The University of Texas at Austin

About Dickinson Wright PLLC
Dickinson Wright PLLC is a general practice business law firm with more than 475 attorneys among more than 40 practice areas and 16 industry groups. Headquartered in Detroit and founded in 1878, the firm has 18 offices, including six in Michigan (Detroit, Troy, Ann Arbor, Lansing, Grand Rapids, and Saginaw) and 11 other domestic offices in Austin and El Paso, Texas; Columbus, Ohio; Ft. Lauderdale, Fla.; Lexington, Ky.; Nashville, Tenn.; Las Vegas and Reno, Nev.; Phoenix, Ariz.; Silicon Valley, Calif.; and Washington, D.C. The firm’s Canadian office is located in Toronto.

Dickinson Wright offers our clients a distinctive combination of superb client service, exceptional quality, value for fees, industry expertise, and business acumen. As one of the few law firms with ISO/IEC 27001:2013 certification and one of the only firms with ISO/IEC 27701:2019 certification, Dickinson Wright has built state-of-the-art, independently-verified risk management procedures, security controls and privacy processes for our commercial transactions. Dickinson Wright lawyers are known for delivering commercially-oriented advice on sophisticated transactions and have a remarkable record of wins in high-stakes litigation. Dickinson Wright lawyers are regularly cited for their expertise and experience by Chambers, Best Lawyers, Super Lawyers, and other leading independent law firm evaluating organizations.