Insights & News

The US Department of Labor recently clarified that employees laid off or furloughed due to lack of work and “stay at home” orders are not entitled to receive paid leave benefits under the new Emergency Paid Leave Act or the Emergency Family Medical Leave Act Expansion.

On March 27, 2020, President Trump signed into law, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) expanding the SBA 7(a) loan program (the “Paycheck Protection Program”) by allowing eligible businesses to receive forgivable loans of up to $10,000,000 for a maximum term of 10 years.

On March 27, 2020, President Trump signed into law, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”).  A summary of key business tax provisions follows.

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law on March 27, 2020. The CARES Act provides critically needed stimulus and relief to businesses and individuals in the wake of the COVID-19 outbreak.

On March 27, 2020, Governor Whitmer issued Executive Order 2020-26 extending the filing and payment deadline for 2019 State of Michigan income taxes. The order contains additional relief.

As the COVID-19 pandemic forces businesses to close and causes economic distress, Congress is working to address the economic effects of COVID-19. Congress’ most recent response measure is a stimulus Bill known as the Coronavirus Aid, Recovery, and Economic Security (CARES) Act, which seeks to address the economic impacts of COVID-19. The Senate and the House passed a final version of the Bill, and on Friday, March 27, President Trump signed the bill into law.

Oakland, Washtenaw and Wayne Counties follow Governor Whitmer in issuing Emergency Orders requiring COVID-19 screenings. They also implement social distancing plans for essential business workers.

We have been receiving many immigration-related inquires in light of the COVID-19 pandemic and resulting impact to companies that employ foreign workers. Here, we have compiled the most common questions posed with our responses.

Kerr Russell attorneys and Qualified Staffing hosted a webinar discussing the impact of COVID-19 0n employers. The webinar, which can be heard HERE, focused on employment law policies directly relating to COVID-19.

The worsening, economic fallout from the COVID-19 crisis will only serve to exacerbate the plight of small businesses, many of which have been forced to suspend or curtail operations. Kerr Russell will provide periodic updates regarding programs and avenues to help small businesses and small business owners navigate the financial crisis.

On March 23, 2020, Governor Whitmer issued Executive Order 2020-21 (“Order”). The Order took effect March 24, at 12:01 am and continues through April 13, 2020 at 11:59 pm. It requires residents to stay in their homes other than for exempted activities. These exemptions include work under very limited circumstances.

The COVID-19 pandemic has significantly impacted the international movement of personnel, visa applications, and how immigration benefits are processed in the United States.

On March 18, 2020, Governor Gretchen Whitmer issued an Executive Order extending the deadline for Michigan residents to redeem real property forfeited to the county treasurer for unpaid real property taxes.

In an effort to offer COVID-19 relief, the IRS is providing an extension to the tax filing deadline. The new deadline is July 15, 2020. This is in addition to the extension to file and pay 2019 and estimated taxes.

Most companies hope to maximize profits and minimize risk; in fact, cost-benefit analyses are deployed almost daily for most managerial and operational decisions, so there is a strong possibility that your organization has shifted its attention from data privacy to “more urgent” matters. After all, you probably believe you do not collect personal information. 

It was a given that the Washington Privacy Act – the country’s (presumptive) second piece of general data-privacy legislation – would pass this year and follow the path blazed by the California Consumer Privacy Act (the “CCPA”).

As previously discussed, the federal Family and Medical Leave Act (FMLA) provides up to twelve weeks unpaid leave in a twelve-month period and the guarantee of continued employment following leave. However, FMLA does not provide paid leave and Michigan currently has no paid leave statute.

First tangible benefit issued to employees in Michigan. Michigan's Governor expands entitlement of employees to collect unemployment benefits by suspending the Voluntary Leave disqualification provisions of the Unemployment Act and extending the period of benefit coverage.

As of March 17, 2020, Michigan has announced 54 presumptive positive cases of COVID-19. There are more than 30 test results pending, and almost 400 individuals are being monitored for assessment purposes.

There are a myriad of articles hitting news feeds this month dealing with privacy issues related to COVID-19.  Attorneys at Kerr Russell have addressed many of those questions – their articles are available here. 

The global impact of the COVID-19 pandemic has spread to the international movement of personnel, visa applications, and how immigration benefits are processed in the United States.  Below is a summary of some of these implications.

Affected Employers may qualify for certain benefits. On the morning of Saturday, March 14, 2020, the United States House of Representatives passed H.R. 6201: Families First Coronavirus Response Act, an emergency rescue package designed to respond to the economic impact of the coronavirus epidemic.

The U.S. Department of Labor on Friday, March 12, 2020 issued a guideline outlining the potential ways that states can administer their unemployment insurance programs to provide the greatest assistance to those Americans who have been affected by the COVID-19 outbreak.

The IRS is taking steps to respond to the COVID 19 virus. Additional steps and guidance are expected.

On March 13, 2020, Governor Gretchen Whitmer executed Executive Order 2020-5. The Executive Order prohibits all assemblages within the state of Michigan of more than 250 people in a single shared space beginning on Friday, March 13 at 5:00pm and ending on Sunday, April 5 at 5:00pm. A “single shared space” includes but is not limited to a “room, hall, cafeteria, auditorium, theater, or gallery.” A willful violation of the Executive Order constitutes a misdemeanor under Michigan law.

On March 10, 2020 the Michigan Department of Health and Human Services announced the first positive tests for coronavirus disease 2019 (COVID-19) in the State of Michigan. Unfortunately, due to the contagious nature of COVID-19, it is likely that the virus will spread to others within the State and begin to affect Michigan workplaces.

Can Coronavirus be a Force Majeure Event?

Kerr Russell attorney Liam K. Healy answers this question for DBusiness Magazine.

Kerr Russell Attorneys Jason W. Bank and Brandi M. Dobbs discuss the Small Business Reorganization Act of 2019 (“SBRA”), which goes into effect February 19, 2020. The SBRA adds a new subchapter to Chapter 11 of the Bankruptcy Code. Small businesses in financial distress may reorganize through a process designed to be more streamlined and cost-effective than the traditional Chapter 11 process. The SBRA also modifies the law relating to recovery of preferential transfers.

Health Care attorney, Daniel Schulte, answers questions regarding what to do when dissatisfied with a carrier’s reduction or denial of a workers’ compensation claim. The Q&A can be found in the Journal of Michigan Dental Association (February 2020) – Question: A year or so ago, a patient came to see me who needed dental work due to an injury suffered on the job. I held off doing crowns because I believed endodontic treatment was going to be necessary. I did composites and accepted what his employer’s workers’ compensation insurer paid. Now, the patient and returned, needing the root canal treatment and crown as a result of the original trauma. However, the workers’ compensation carrier refuses to pay for the needed endodontic therapy and a restorative core and crown, stating it already covered the care needed at the time of the injury. Is there a mechanism to appeal this decision?

Focusing solely on “compliance” with applicable laws is an inefficient approach and should only be considered in specific circumstances.  

Over the last decade, stories of large data breaches, ransomware attacks, and identity theft have moved from isolated incidents to almost daily headlines. It is almost impossible to read a news thread or open a newspaper without seeing something related to cybersecurity or a data breach

2020 looks to be a busy year in data privacy. New laws and regulations will impose various requirements on organizations in every industry. These changes often have little regard to size or location.  

Attorney Richard C. Buslepp discusses trends in mergers & acquisitions over the past few years. He also discusses how M&A looks for 2020.  The full article, “Robust Mergers & Acquisitions Market Ahead,” in Corp! Magazine can be found HERE.

Health Care attorney, Daniel Schulte, answers questions relating to the National Practitioner Data Bank (NPDB). The Q&A can be found in the Journal of the Michigan Dental Association (January 2020) – Question: My attorney and I are getting close to settling a malpractice claim. The deductible on my malpractice insurance policy is nearly exhausted from my legal fees. I am being advised to consider avoiding a report to the National Practitioner Data Bank (“NPDB”) by paying the settlement amount myself. How does this make sense? Should I not use my available coverage? Can you explain what the NPDB is and how this affects me?

Labor and Employment attorney Liam Healy summarizes recent changes from the IRS. On December 13, 2019, the IRS Office of Chief Counsel issued a General Legal Advice Memorandum (“Memo”) stating the IRS’ position that employers sponsoring 401(k) plans must sign and keep plan documents or risk disqualification.

Attorney Liam Healy summarizes IRS rulings from late 2019. In a private letter ruling issued November 8, 2019, the IRS has allowed a company ("Employer") that is the sponsor of a defined benefit pension plan to contribute an employer promissory note as a tax-deductible contribution to the plan.

Attorney Liam Healy explains the details  of the “Setting Every Community Up for Retirement Enhancement Act of 2019” (SECURE Act). The SECURE Act was signed into law on December 20, 2019 and went into effect January 1, 2020. The Act makes significant changes to the rules relating to 401(k) plans and IRAs. 

Cybersecurity attorney, Jeffrey A. May, is presenting a webinar through Corp! Magazine and MichBusiness. The topic is “Privacy and Data Protection in 2020: What Your Business Needs to Know."

Kerr Russell attorney Daniel J. Ferris was recently published in the Detroit Medical News. His article discusses the litigation by the State of Michigan to end the vaping epidemic. The full article can be found HERE on page 22.

Kerr Russell Captive Insurance attorney, Eric I. Lark, was recently interviewed by Captive International. The article discusses the number of global captives set to return to growth in 2020.

Kerr Russell immigration practice chair, Kate McCarroll, recently released the Immigration Insider newsletter. Learn about changes to 2020 H-1B cap filings, an increase to filing fees, and an increase in STEM OPT on-site visits.

Health Care attorney Daniel Schulte provides insight into the most common questions asked regarding dental records. The complete Q&A can be found in the Journal of the Michigan Dental Association (December 2019).   

Kerr Russell attorney Daniel Beyer summarizes the new Michigan Court Rule changes. These changes are effective January 1, 2020.

Health Care Attorney Daniel Schulte Answers Questions in the Journal of the Michigan Dental Association (November 2019) – Question: I received a notice from a dental plan I began participating with a year or so ago. It is denying payment of several of my claims and seeking a refund of past payments. The explanation I received was that I used incorrect codes and should not have billed for treatment until it was complete. The dental plan representative keeps saying that I am committing fraud (even suggested that I may have committed a crime). I may have made a mistake but is that fraud?

Kerr Russell attorney Eric Lark explains that due to a number of factors group captives continue to flourish. The article is published in the November 2019 issue of Captive Insurance Times.

Kerr Russell attorney Katherine Cser recently published an article about the changes to tip regulations. The full article can be accessed through the American Bar Association (ABA), Section of Litigation, Employment and Labor Relations Law.

Legal Alert 401(k) and 403(b) Retirement Plans that Allow for Hardship Distributions will need to be Amended for 2019 Final Regulations

The American Bankruptcy Institute, Bankruptcy Litigation Committee recently published an article by William Blasses. The article "Ignoring the Labels: Oil and Gas Gathering Agreements as Executory Contracts," can be found on the ABI website HERE. 

Health Care Attorney Daniel Schulte Answers Questions in the Journal of the Michigan Dental Association (October 2019) – Question: I use marijuana recreationally. I know several dentists who use marijuana for medical reasons. What will be the consequences if the Michigan Board of Dentistry becomes aware of this? Is our controlled substance license of DEA registration in jeopardy? Could our employers terminate us based on marijuana use?

William C. Blasses discusses how to identify, assess, and mitigate the risks of working with a distressed business.

October is National Cybersecurity Awareness Month, and this year’s focus is on taking proactive steps to enhance cybersecurity at home and in the workplace.  So, what better time to take a closer look at the greatest threats facing providers and what you can do to avoid becoming a victim by protecting yourself and your practice!

The October 2019 Michigan Bar Journal features an article by Jason W. Bank. In the article, he discusses key aspects of representing financially troubled businesses in loan workouts, restructurings, and Chapter 11 business bankruptcy proceedings. He also discusses the common mistakes business owners make when dealing with a bank or lender.

The US Department of the Treasury recently published two proposed regulations that would significantly impact cross-border business transactions with US companies. Kerr Russell international law attorney Chaoyi Ding explains how this may impact your business.

Effective on January 1, 2020, U.S. companies will have to comply with the revised Federal overtime rule which is expected to increase the number of employees who are entitled to receive overtime pay.

Health Care Attorney Daniel Schulte answers questions in the Journal of the Michigan Dental Association (September 2019) – Question: I received a letter from an investigator working for the Bureau of Professional Licensing within the Michigan Department of Licensing and Regulatory Affairs (“LARA”). It states I am the subject of an investigation by LARA regarding a possible violation of the Michigan Public Health Code (the “Code”). It further requests a meeting with the investigator. I have no idea what violation is being referred to or who made a complaint. How do I find this out? Should I meet with the investigator? What could happen as a result of this investigation?

Other posts to consider: What You Need To Know About The Auto No-Fault Law Marijuana in the Workplace and its Impact on Company Policies One Year Later: Michigan’s Legislation Combating The State’s Opioid Crisis

Kerr Russell attorney, Patrick Haddad, discusses recent proposals from the IRS to the Internal Revenue Code on the determination of ownership in a PFIC for purposes of Code Section 1297(a).

Jason W. Bank highlights recent changes to the Bankruptcy Code and their impact on small businesses, veterans, and farmers. As of August 23, 2019, several new bankruptcy acts became law: the “Small Business Reorganization Act of 2019” (H.R. 3311), the “HAVEN Act” (H.R. 2938) and “Family Farmer Relief Act of 2019” (H.R. 2336). These acts represent the first substantive changes to the U.S. Bankruptcy Code since 2005.

Immigration is an ongoing issue across the globe, especially in the US. Kate McCarroll discusses what companies need to consider if they are hiring foreign nationals and if there is need for reform in employment-based immigration law.

In case you missed it, here is another chance to watch the Marijuana in the Workplace webinar by Mark Knoth hosted by Corp! Magazine.

Real Estate Attorney Ann Valk Answers Questions in DBusiness Magazine (July/August 2019, p.82) 

Health Care Attorney Daniel Schulte answers questions in the Journal of the Michigan Dental Association (August 2019) – Question:  The employment agreements I have been given do not seem fair. When I object, I am told things like “the associate before me signed it”, “it is a standard agreement” and “our attorney thinks it is reasonable”.  What provisions should I insist on to ensure basic fairness in my employment agreement without making myself look unreasonable?

Ashley Racette Discusses Succession Planning for Small Businesses:  Sustaining Your Legacy and the Importance of Planning

QUESTION:  I discovered that one of my front office staff has been calling in controlled substance prescriptions for herself using my DEA and Controlled Substance License numbers. Should I terminate her employment?  Do I have a duty to report her to the authorities?  Should I try to get the unused pills back or take any other action?

Tax Court Rules Royalty Income from Popular Author’s “Brand” is Subject to Self-Employment Tax

More and more medical practices are learning the hard way that the requirements of the HIPAA Security Rule must be implemented.  The first version of the Security Rule became effective in 2005 and has since been amended.  Generally, there are two parts that every medical practice must comply with.

U.S. Visa Applicants Must Now Submit Social Media Information The U.S. Department of State is now requiring most U.S. visa applicants to provide information about their social media accounts. As of May 31, applicants must provide the social media platforms, user names, email addresses and phone numbers they have used for the five years preceding the application. For non-immigrant visa applicants, this information is collected on the DS-160, prior to scheduling a Consulate appointment. For those applying for an immigrant visa, the additional queries have been added to the DS-260.

Question 1:  There are several dentists in my practice.  We all cover for each other.  From time to time we see almost all the patients of the practice.  Why should it matter which dentist is identified as the one who provided a service when all the money we are owed is paid to the practice?  We are not required to separately identify who the hygienists and assistants are who provide services and we bill for their services, why shouldn’t a single dentist be able to bill for all the practice’s services?    Question 2:  Laws aimed at "surprise medical billing" have been in the press lately.  What is surprise medical billing?  Could this apply to dentistry? Journal of the Michigan Dental Association (June 2019)

Attorney John D. Gatti discusses the impact the Tax Cuts and Jobs Act (TCJA) is having on businesses.  The full article, "The Buck Stops Here," in Corp! Magazine can be found HERE.

Michigan Supreme Court Says Collective Bargaining Agreement Does Not Provide Lifetime Health Care Benefits to Macomb County Retirees.

The recent changes to the Michigan No-Fault Act have been publicized as changes affecting medical coverage and insurance premium rates but the actual enacted changes in the law go well beyond what has been in the media. There are many unanswered questions that arise from the 120-page bill signed by Governor Whitmer on May 30, 2019. The changes impact: Driver premiums; Medical provider fees; The viability and availability of healthcare providers for injured victims; Litigation in the context of claims for the insured (PIP coverage); and Penalties for false claims.

Intellectual property rights are necessary for the music business.  Listen HERE to the discussion on the Detroit podcast, "The Business of the Music Business."

Attorneys Daniel J. Ferris and Derek R. Boyd address the question, "Can my client sue my expert,"  citing how the Michigan Court of Appeals addresses witness immunity doctrine. Michigan Defense Quarterly, the official journal of the Michigan Defense Trial Counsel (Volume 35, No. 4)

Michigan Medicine, the official magazine of the Michigan State Medical Society (May/June 2019) Question:  Can you advise us of the ways to report illegal and unethical conduct?

Journal of the Michigan Dental Association (May 2019) Question: One of my employees recently tested positive for THC, indicating marijuana use. The drug screen was administered to this employee due to our employee manual provision requiring that employees submit to random drug screens. Our employee manual also provides that we have a zero-tolerance policy when it comes to the use of marijuana and other illegal drugs. I consider marijuana to be illegal despite what Michigan voters did last year, because marijuana is still illegal under federal law. When confronted with the test results, this employee showed me her medical marijuana card and said I couldn't terminate her. Is this true?

Kudos to Kerr Russell member James DeLine who served as editor of the recently published Antitrust Class Action Handbook (2nd edition), published by the American Bar Association.

Patrick J. Haddad and Kathleen A. Westfall co-authored article "Michigan Legislation and Administrative Rules Affecting the Prescribing of Controlled Substances:  One Year Later," was recently published in the Oakland County Medical Society March/April Bulletin. The one-year anniversary of the effective date of the first phase of Michigan’s 2017 legislation combating the state’s opioid crisis is soon approaching.  This article furnishes a high-level summary of the Michigan legislation and recently promulgated administrative rules, their effective dates and other guidance.

The U.S. Citizenship and Immigration Service (USCIS) recently announced that it resumed the availability of Premium Processing for all types of H-1B petitions. In August 2018, as an effort to reduce its significant backlog, USCIS suspended Premium Processing for all H1B petitions other than those filed by cap-exempt employers or filed to request an extension without a change in employer or position.

Local attorneys say delays for visa petitions for foreign national workers are putting businesses in a bind. Tougher scrutiny by immigration officials of foreign workers seeking visas is tying the hands of businesses trying to fill high-skill jobs, local immigration attorneys say. Visa petitions are requiring more documentation, and delays and denials are on the rise.

Michigan’s paid sick-time measure, the Michigan Paid Medical Leave Act (the “Act”) will go into effect this March. The Act, signed by Governor Snyder on December 14, 2018, provides 40 hours annually of paid sick time to eligible employees who work for employers with 50 or more employees.

Potential Changes to Fiscal Year 2020 H-1B Cap Filings On November 30, 2018, the U.S. Citizenship and Immigration Service (USCIS) issued a proposed rule that would require pre-registration for employers wishing to sponsor individuals for H-1B status. Additionally, the proposal would change the manner in which USCIS counts H-1B filings toward the cap. The proposal is open for public comments until January 2, 2019.

Patrick Haddad and Kathleen Westfall Co-Author Article to be published in Oakland County Medical Society Publication entitled: "New Michigan Administrative Rules: Bona Fide Prescriber-Patient Relationships and Controlled Substances Awareness Training"

On Tuesday, November 6th, Michigan residents voted yes on Proposal 1, the “Michigan Regulation and Taxation of Marihuana Act,” which permits individuals over the age of 21 to possess up to 2.5 ounces of marijuana, among other things.*

Journal of the Michigan Dental Association (August 2018) - Question: I frequently prescribe opioids following procedures in my practice. Can you explain the new requirements on opioid prescribing that recently took effect?

What do you do when you know you need to network and market yourself but the introvert within says, “Uh, maybe later”? On August 9, 2018, Kerr Russell Director of Marketing Roy Sexton presented strategies for embracing your qualities as an introvert (or for those occasions when you aspire to introversion!) and establishing and maintaining a successful personal brand, both online and in person.

Kerr Russell attorney Jeffrey May (litigation, cybersecurity) is quoted in the article "Inside Job: Cybersecurity requires care, vigilance by all," written by J.D. Booth for Corp! Magazine.

Kudos to Kerr Russell member Eric Lark who is featured in the latest issueof Captive Insurance Times, pages 48-50. Our ad appears on page 5. Thank you to Ned Holmes, Jonathan Savage, Justin J. Lawson, for the opportunity. We will be doing a similar feature on Kerr Russell’s Patrick Haddad in upcoming months with the magazine.

As authored by Kerr Russell's Director of Marketing Roy Sexton for the Legal Marketing Association's Strategies Magazine - excerpt from "Tech Thoughts From a Long-Time Marketer in a First-Year Role" ...

Kerr Russell associate Cody Attisha (taxation) contributes the article "Choice-of-Entity in a New Business Landscape" to Corp! Magazine's July/August 2018 issue. Member John Gatti (taxation) collaborated with Cody on the piece.

Mark Knoth, Kerr Russell member (labor and employment), is featured in the July/August Corp! Magazine article "Leaders Under Legal Scrutiny." Excerpt: "Knoth says there is a 50 to 55 percent chance that a sexual harassment case may be dismissed by a judge, but if it goes to trial, it can be very expensive for the company, both in terms of financial cost and bad publicity. Employee practices liability insurance may cover some costs. The increase in sexual harassment cases has legitimized the role of the human resource department and the importance of full background checks for prospective employees, Knoth notes."

Journal of the Michigan Dental Association (July 2018) - QUESTION: I have practiced with a partner for several years. We are the only shareholders in a professional corporation. We never put in place employment agreements, a shareholder agreement, or any other contracts between us or the PC. We recently have had disagreements regarding the operating of the practice. My partner has now notified me that he is going to break off on his own. He has set up a new practice a mile away, has notified patients that their records will be transferred to this new location and that he will continue treating them there.   Can my partner just pick up and leave, taking the dental records and patients with him?

In the July/August issue of DBusiness Magazine, Kerr Russell real estate attorneys Brandy Mathie and Anna Valk contribute to the Q&A section: "Expert Advice Can Help You Protect Your Property Investment."

Early in my career, I handled asylum cases for two women who fled to the United States because they had been abused by their husbands and feared further harm. They were the only asylum cases I ever handled. Each won her claim, and I am hopeful that they are now U.S. citizens, living happy, productive, safe lives in the country that opened its arms to them when they were most afraid.

The last few weeks have brought an incredible amount of content concerning the separation of families happening at the border under the current administration's zero tolerance immigration policy and the lack of planning concerning a resolution for those families that were separated prior to the signing of the recent Executive Order.

Kudos to Daniel Ferris and Derek Boyd whose article “Negotiating Uncertainty: Legal Options for Manufacturers Confronting Tariffs," was picked up by Michigan Lawyers Weekly.

Bulletin: Oakland County Medical Society (June/July 2018) - The first six months of 2018 has seen a flurry of legislative developments affecting the practice of the health professions in Michigan. Early in the year, significant legislation affecting the prescribing of controlled substances generally, and opioids in particular, became law.

Journal of the Michigan Dental Association (June 2018) -  Question: I recently told a supplier of dental products that I was terminating my contract with them. I did so because I found another supplier who has a better reputation for service and lower prices. I was surprised to receive an invoice from my former supplier in the amount of $2,875.00 for “termination fees”. When I called to complain I was told that these fees were called for in my contact. Why am I being charged to move my business to a better supplier? Is this legal?

Negotiating Uncertainty: Legal Options for Manufacturers Confronting Tariffs," written by Kerr Russell attorneys Daniel Ferris and Derek Boyd.

On May 21, 2018, the Supreme Court issued its long-awaited decision addressing the enforceability of class or collective action waivers in employment arbitration agreements.

On May 21, 2018, the Michigan Civil Rights Commission (“MCRC”) voted that sex discrimination as addressed in the Elliott-Larsen Civil Rights Act (“ELCRA”) will include discrimination on the basis of gender identity and sexual orientation.

On May 11, 2018 the USCIS released a policy memorandum delineating forthcoming changes on how unlawful presence will be calculated for individuals holding principal or dependent F, J and M non-immigrant status.

Kerr Russell member Patrick Haddad offered comment before the Michigan House of Representatives' House Law and Justice Committee, on May 16. The meeting also aired on “House TV,” and Pat's remarks begin at the 26:25 minute mark.

Kerr Russell attorneys Kate McCarroll and Katherine Cser discuss the top five issues today in immigration, labor and employment law.

Journal of the Michigan Dental Association (May 2018) - Question: I have heard quite a bit lately about issues with dental plans. Sometimes audits are conducted and refunds are sought other times there are different contract issues. Some dentists use the term “noncovered services” others refer to “disallowed services”. Are they the same thing? If not, what is the difference?

Kerr Russell's Kevin Block and Kenneth Lombardo are featured in the May/June 2018 issue of DBusiness Magazine. The theme of the section is "Mergers & Acquisitions: Q&A."

By Miroslava Orduño Rincón - As I mentioned in various other posts, fee receipt notices for cases selected in the 2019 H-1B Fiscal Year lottery started to roll this week. The process of notifying individuals that were selected and rejected takes several weeks, with lucky winners usually finding out first and the rejected packages arriving later. Understandably, the process is nerve wracking for applicants, specially for those who are running out of optional practical training (OPT) time.

From Kerr Russell member Joanne Geha Swanson, chair of the State Bar of Michigan Appellate Practice Session on the elegance and importance of editing ...

By Daniel G. Beyer Self-driving vehicles, also known as autonomous vehicles, are the subject of Michigan legislation amended  in late 2016, specifically MCL 257.665, 665a and 665b. This memorandum, among other things, makes observations on this legislation and potential interplay with the Michigan No-Fault Act, MCL 500.3101 et seq.

From Hour Media: "Be Careful Before You Spritz Your Perfume – You Could Be Breaking the Law ... According to a local court ruling, overpowering fragrances are an infraction of the Americans with Disabilities Act" By Elizabeth Swanson // Illustration by Emily Flake - excerpt:

Journal of the Michigan Dental Association (April 2018) - Question: I recently replaced my electronic dental record system and purchased an electronic back up service from a well-known national dental supply company. Due to a local disaster all the dental records stored on the computer hardware in my office were destroyed and are not recoverable. When I contacted this company I purchased back up services from I was told that they had failed to back up my records as they promised. I was told that all I could recover from this company was three months of fees I paid for the backup service. My damages are significantly greater than this. How can this be?

On March 13, 2018, the IRS announced that it is ending the 2014 Offshore Voluntary Disclosure Program (OVDP) on September 28, 2018.

Journal of the Michigan Dental Association (March 2018) - QUESTION: I have been reading about the medical device excise tax (2.3% of the cost of medical devices) coming back in 2018. This was talked about in the past but I thought it had gone away. Is this true? MDA just got rid of the Michigan sales tax on what we buy from dental labs. Will dentists now be charged this 2.3% tax on these items?

Kerr Russell member Max Sneyd (intellectual property, automotive) is quoted in the Forbes article "First Death Of A Pedestrian Struck By An Autonomous Vehicle May Set Tone For Lawyers And Liability" by David Kiley.

In an effort to further combat prescription drug and opioid addiction, the Michigan legislature recently enacted new legislation affecting the prescribing of controlled substances by physicians and other licensed prescribers.

Michigan Medicine - Michigan State Medical Society (March/April 2018) - QUESTION: Can you explain the new requirements for physicians when prescribing drugs?

Numerous Michigan House and Senate bills affecting the prescribing of controlled substances were enacted into law in late 2017.

Katherine Cser, associate (labor and employment), contributed the article “Proposed Tip-Pooling Regulation: Impact on Restaurateurs” to the American Bar Association Section of Litigation, Employment and Labor Relations Law.

Kerr Russell is proud of Detroit. We are proud to have had a seat at the table here since 1874. Our exceptional attorneys understand the unique challenges facing business leaders. Our legal solutions are prompt, accurate, economical, and focused around your needs in every area. We know Michigan business like the back of our hands.

DACA. Dreamers. These words have become part of our American lexicon, invoking debate passionate enough to bring our federal government to a halt. The terms, and the individuals to whom we pin these labels, are the topic of national discussion, from the break room to cable news to the halls of Congress.

In a published decision issued Thursday, the Michigan Court of Appeals held that income received for legal services rendered by an attorney working in the City of Detroit to a client located outside the city are "out-of-city" services for purposes of determining income taxable by the city.

Questions addressed below: How long do dental records have to be maintained? Do I have to maintain records of patients that I have not seen and have no dentist-patient relationship with? Can I contact patients and seek permission to destroy their old records? Can I move records to offsite storage facilities? Once I identify records that are more than 10 years old, can I just throw them in the trash?

Unless lawmakers come to a last-minute agreement, the U.S. government will shut down at 12:01 AM on Saturday, January 20, 2018. The last such Federal shutdown occurred from October 1-16, 2013. A Federal government shutdown results in a stoppage of all budget-funded and “non-essential” services.

On Martin Luther King, Jr. Day and every day, we at Kerr Russell honor Reverend King’s leadership and his legacy as well as the critical importance of diversity and opportunity in this great land of ours. Strength comes from difference; a multiplicity of voices brings positive change; understanding and inclusion inspire creativity and innovation.

Temporary Protected Status (TPS) is available to nationals of designated countries who are present in the United States, but unable to safely return to their home country. The U.S. Department of Homeland Security designates which countries are eligible for TPS on account of an armed conflict in the country; an environmental disaster (e.g. earthquake or hurricane); an epidemic; or other extraordinary conditions.

Two of my clients have experienced similar errors at U.S. Consulates in China and Egypt as it concerns dependent visas for spouses that have never held that status. This appears to be a new issue, and I have filed a report with the American Immigration Lawyers Association AILA. I will provide updates as I receive them. My full analysis follows ...

Implementation of Presidential Proclamation Regarding Travel Restrictions On September 24, 2017, President Trump issued a third travel ban, after the initial two versions were found unconstitutional by the U.S. courts.

The President declared the opioid epidemic a national public health emergency on October 26, 2017. This declaration was made pursuant to the Public Health Services Act. The Public Health Services Act directs agencies of the federal government to provide additional grant monies to combat the epidemic. According to media reports, overdose deaths in America involving opioids have quadrupled since 1999.

QUESTION: A patient’s wife asked if she could remain with her husband in the ER while I examined him treated his injury. The husband said that this was fine with him. The wife stood in the corner behind the nurse and I who were focused on performing a procedure. When we were finished I turned to let the wife know we were finished and all went well and discovered she was making a video of the procedure with her iPhone. She never asked for permission to make the video and no one provided consent. Can a video legally be made under these circumstances? Do I have any legal recourse?

Before you can put your idea into practice, you need to protect yourself and your intellectual property ...

In the latest issue of dbusiness, Miroslava Orduño Rincon, immigration partner, addresses the question: "Should an employer retain copies of documentation presented by employees for Form I-9?" View the original post here.

In the latest issue of dbusiness, Mark Knoth, labor and employment partner, addresses the question: "What should businesses expect to happen with the 'white collar' overtime exemption under the Trump administration?" View the original post here.

Established in 1990, the Diversity Visa (DV) Lottery program allocates 50,000 immigrant visas (green cards) each year to individuals from countries with low rates of immigration to the United States. For example, citizens from most African and European countries are eligible – those from India, Mexico, Canada, and other high-volume U.S. immigration countries are not. Applicants to the DV Lottery must meet minimum education or work experience requirements to be eligible for the program. Entries are submitted online, and winners are randomly chosen.

Via a policy memorandum dated October 23, 2017, the USCIS has rescinded prior guidance from 2004 concerning the significance of a prior L1B at the time of an extension application.

Detroit is in Kerr Russell’s DNA. We have been located in Detroit since 1874. We have been at the table for so much of this beautiful, rugged, scrappy city’s history. We have been here when it was cool, when it was not, and when it was again. We could not be happier to see the dynamic resurgence, across industry and across culture, which Detroit has now achieved.

Following the arrest of a U.S. Consulate employee by Turkish authorities in Istanbul, the United States Mission in Turkey announced on October 8, 2017 the immediate suspension of all non-immigrant visa services at all posts in the country.

The Fair Labor Standards Act (“FLSA”) requires most employers to pay workers overtime for hours worked over 40 in any given week. However, the FLSA creates exceptions for workers in specific categories.

The Michigan Supreme Court recently issued its opinion in Covenant Medical Center, Inc. vs. State Farm Mutual Automobile Insurance Co., 895 N.W. 2d 490 (Mich. May 25, 2017). This opinion is important for physicians and other providers who treat patients whose expenses are covered by Michigan no-fault personal protection benefits.

The American Immigration Lawyers Association (AILA) is urging employers who "have utilized the H-1B program successfully and responsibly" to write to their members of congress to express their support for the program.

QUESTION: I recently settled licensing complaint with the State of Michigan during my compliance conference. In my view the complaint lacked merit but I did not want to pay to go through an administrative hearing. To buy my peace and move on I agreed to a reprimand and a $500 fine. After I signed off someone mentioned that I may be reported to the National Practitioner Data Bank. This never came up at the compliance conference. My lawyer never mentioned this in our discussions and is not sure if this is the case or not. I would not have settled had I known a report would be made to the NPDB and assumed I was settling this quietly. Can you tell me if a NPDB report must be made?

On September 18, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that it would be resuming premium processing for H-1B petitions subject to the 2018 cap. The resumption of this service applies both to Bachelor and Master’s Cap applications.

Kerr Russell Member Patrick Haddad is quoted in the Crain’s Detroitarticle published on September 17, 2017 “Medical Ownership Spurs New Battles” by Jay Greene. Mr. Greene reviews concerns over ownership models of diagnostic centers, urgent care centers, and cosmetic medical spas in Southeast Michigan. The complete article can be viewed here.

The Fall 2017 edition of Kerr Russell's Immigration Insider has been published.

David Den Dooven contributes to dbusiness' "Grow Personal or Business Wealth with the Right Advice" feature. He offers perspective on the importance of estate planning, even in the early days of a start-up enterprise's success. You can read the original post here.

In keeping with President Trump’s promise to cut regulations to promote business growth, on August 29, 2017, the Office of Information and Regulatory Affairs announced that the Office of Management and Budget was initiating a review and immediate stay of the government’s pay data collection process, specifically, the enforcement of an Obama-era rule which revised EEO-1 reports.

The Tax Court issued its long-awaited decision in Avrahami v. Commissioner, 149 T.C. No. 7 (August 21, 2017), agreeing with the IRS that amounts paid to a captive/reinsurer that elected to be a treated as “micro-captive” pursuant to §831(b) were not deductible insurance premiums because the arrangement failed to qualify as insurance.

Matthew Powell contributes "A Primer on Resale Price Maintenance" to the August 2017 Michigan Bar Journal. Excerpt: "As the name implies, resale price maintenance (RPM) is an express agreement between a supplier and distributor that sets a maximum or minimum price (or both) at which the distributor can sell the supplier’s products.

Matthew Powell contributes "A Primer on Resale Price Maintenance" to the August 2017 Michigan Bar Journal.

Mark Knoth is quoted in the Bloomberg Law: Bureau of National Affairs article “Should Employers Cover Pot to Battle Opioid Addiction?” by Sean Forbes. You can read the piece here.*

From The Michigan State Medical Society - "Can health care employers require employees to get influenza vaccine?" - co-written by Kerr Russell's Patrick Haddad.

Kerr Russell was present at two recent Metro Detroit networking events celebrating industry best practices. The August 9 Inforum panel at the University of Michigan addressed personal branding in the age of social media. Emily (Solecki) Stieber, MBA, of Henry Ford Health System moderated a balanced and detailed discussion with many practical tips.

Kerr Russell's Dan Schulte contributes the article "Direct Claims for Payment from No-Fault Insurers" to the "Ask Our Lawyer" feature of Michigan State Medical Society's Michigan Medicine (July/August issue). Dan serves as legal counsel for the Society and is a member and managing partner of Kerr Russell.

Kerr Russell's Dan Schulte contributes the article "Direct Claims for Payment from No-Fault Insurers" to the "Ask Our Lawyer" feature of Michigan State Medical Society's Michigan Medicine (July/August issue). Dan serves as legal counsel for the Society and is a member and managing partner of Kerr Russell.

Attorneys from Kerr Russell's health care practice recently presented at a joint conference of the Oakland County Medical Society and the Oakland County Bar Association.

Kerr Russell's Patrick Haddad contributes "Disclosures of Protected Health Information to Health Plan Vendors" to the June/July Oakland County Medical Society Bulletin. Excerpt: "Health plans frequently contract with vendors to perform medical chart reviews and to collect data from clinical records."

A nationwide preliminary injunction was issued on Tuesday, November 22, 2016, by Texas Federal District Court Judge Amos Mazzant preventing the implementation of a revised Department of Labor rule set to take effect on December 1, 2016.

Following the election, our office has received numerous inquiries from clients regarding how their immigration status will be impacted by the Trump presidency.

With the new changes to the Fair Labor Standards Act regulations, approximately 4.2 million workers who are not currently eligible for overtime benefits will become eligible on December 1, 2016.

On October 25, the White House issued a “call to action” on non-compete agreements.  After surveying the use of non-competes, the White House determined that many of these “agreements” are actually not the product of an agreement, with few workers seeking counsel or attempting to negotiate the terms before signing.

On October 20, the Federal Trade Commission and the Antitrust Division of the Department of Justice issued its “Antitrust Guidance for Human Resource Professionals” (“Guidance”) on the application of antitrust law to employment decisions.

Who is this man, Fred K. Herrmann, who has been elected to lead the State Bar Representative Assembly in the 2016–2017 bar year? In many ways, what you see is what you get: an ever-present smile; a positive outlook; a quick wit and wry sense of humor; a keen intellect and curious mind; and sincerity, warmth, and ingenuity.

On October 20, the Federal Trade Commission and the Antitrust Division of the Department of Justice issued its “Antitrust Guidance for Human Resource Professionals” (“Guidance”) on the application of antitrust law to employment decisions.  As “no-poaching” agreements or agreements to fix employees’ wages or benefits can impede competition, the Antitrust Division has advised that these types of agreements should be treated similarly to other conduct such as price fixing.

Seven years after speeding its way through a bankruptcy court approved transformation to a new company, General Motors faces a major roadblock. The Second Circuit Court of Appeals has ruled that vehicle owners may pursue GM for successor liability for vehicle defect claims that arose prior to its bankruptcy filing.

Did you ever wonder what goes on behind the scenes at the Michigan Court of Appeals after your case is filed? Outwardly, the case may appear to languish during a wait clients perceive as interminable. But the Court of Appeals is not a black hole. Systems are in place within the Court to guide each case through the appellate process in a timely and efficient manner.

On December 4, 2015, President Obama signed into law Public Law 114-94, The FAST Act f/k/a HR 22 – Surface Transportation Reauthorization Reform Act of 2015. As part of its many provisions, new Section 7345 of the Internal Revenue Code was enacted.

In a 6-3 decision issued today (3-23-2015), the US Supreme Court revived a pregnant United Parcel Service (“UPS”) employee’s pregnancy discrimination claim alleging that UPS failed to accommodate her work limitations while pregnant.

Does your company’s standard non-disclosure agreement (NDA) truly protect your confidential information or is it missing something? An NDA is a legally binding contract, so it deserves the same scrutiny as other legal documents. A poorly drafted NDA can spawn litigation or worse – cause competitive harm to your organization.

Click here to read full PDF.

Kevyn Orr referred to the herculean task of fixing the City’s financial woes as the “Olympics of Restructuring.” Mr. Orr has officially entered the medal round based upon the recent filing of the City of Detroit’s Plan of Adjustment, which sets forth his proposal for repayment of creditors and his vision for improving services for City residents. Very shortly, Mr. Orr will attempt to earn the gold medal of restructuring by obtaining Bankruptcy Court approval of his plan.

The aviation industry has endured a significant amount of financial distress since the Sept. 11, 2001, terrorist attacks. In recent years, regional air carriers, a once-profitable segment of the airline industry, have experienced a bumpy ride due to a decreased demand in military spending, wildly fluctuating fuel costs and an overall weakness in the global economic markets. Several regional airlines have recently filed for bankruptcy to pursue mergers, sales or other restructurings of their operations.

Social media is a place to share personal information and can be a place to mine information about others. Because of this, students, job applicants and employees are repeatedly warned to limit what they post in social media at the risk of being passed over for admission, a new job or losing their current employment.

Relationships are important in business, and for the Chinese, close personal relationships are valued.

On the day of his appointment as the City of Detroit's emergency financial manager, Kevyn Orr referred to the herculean task of fixing the city's balance sheet as the "Olympics of Restructuring." In order to earn the gold medal, Mr. Orr has filed the largest Chapter 9 municipal bankruptcy in U.S. history. This article discusses some of the key aspects of Chapter 9 and explores the significant differences between Chapter 9 and Chapter 11 business reorganizations.

Businesses spend countless hours and resources to research and develop effective names for their corporate entities, products and services. While much of the consideration properly addresses marketing concerns, there are important trademark issues that should be considered when choosing a name.

Michigan courts have long held that a plaintiff cannot title his true cause of action as another simply to benefit from a longer statute of limitations. A medical malpractice plaintiff cannot call her claim for professional negligence (two-year statute of limitations) a breach of contract claim (six-year statute of limitations), or a general negligence claim (three-year statute of limitations). Similarly, a client cannot sue his attorney for breach of contract or fraud (six-year statute of limitations) when his claim is based on professional negligence (two-year statute of limitations).

As young lawyers, we learn the valuable lesson from colleagues and mentors that ambiguity in a written agreement is the enemy of a good lawyer; it has the potential to land us in court with our skills labeled inept. Ambiguity becomes our boogeyman, the stuff of our nightmares, with the power to subject us to courtrooms where laypeople determine what our writings meant.

Dan Beyer contributed "A Trial Lawyer's Perspective on Presenting the Litigated Real Property Case" to the Real Property Law Section State Bar of Michigan' Michigan Real Property Review. Click here to read the piece.

Whether one is a general practitioner or seeking to specialize in tax practice, it is well to consider the perils and avoidance of tax malpractice.

Trademark rights prohibit the use of another company's trademarks or service marks to describe other goods or services, or in other ways that will likely cause confusion among consumers.

Chances are that you have invested time and money in developing a comprehensive set of standard terms and conditions tailored for your business. But have you thought about how to incorporate those terms and conditions (T&Cs) into your agreements? If not, you should consider three main opportunities to incorporate your T&Cs.

The Immigration Reform and Control Act of 1986 (IRCA) legally mandates that United States employers verify the employment eligibility of every person one hires.

Immigration and Customs Enforcement (ICE) has recently increased its investigation and enforcement efforts in regards to I-9 (Employment Eligibility Verification Form) compliance. In June 2011, ICE agents served subpoenas on 1,000 employers across the United States which required that they turn over original I-9 forms, as well as significant corporate documentation, for review.

As cities, townships and municipalities struggle to address the sobering reality of a mountain of debt and decreased revenues, one tool at their disposal is Chapter 9 municipal bankruptcy. For many at the state and local level, filing for Chapter 9 bankruptcy is still viewed as the unthinkable, nuclear option. For others, Chapter 9 is viewed as a viable tool to restore financial stability to a community.