The Matrix

Business transactions, management changes or investments involving non-U.S. companies or individuals receiving control or information rights to U.S. companies are subject to review by the U.S. government for national security purposes. There is a particular concern if any sensitive individual or government data is held by the U.S. company.  U.S. companies holding sensitive data should consider whether their business may be subject to CFIUS review prior to entering any investment or engaging in M&A activities.  

Michigan state courts have new privacy protections in court rules that become effective July 1, 2021 (links to the implementing orders are included below) after implementation was previously delayed.  Under revised Michigan Court Rule (“MCR”) 1.109 and 8.119, parties are no longer able to file papers – including pleadings, motions, and briefs – or attachments containing specified types of personally identifying information (PII) such as date of birth, financial account numbers, driver’s license numbers, state-issued personal identification card numbers, or passport numbers.  The existing prohibition on filing more than the last four digits of a social security number remains in force.  The revised MCR 1.109 calls for parties and their attorneys to redact any PII and to prepare a separate form listing the un-redacted information and reference codes to be used in the public document.  That separate form is considered a nonpublic document and is available only to the court, the parties, and other specified persons.  Anyone obtaining a copy of a publicly filed document will receive only the redacted copy and not the separate form.