Insights & News

Directors and officers of corporations have statutory and common law duties to shareholders. These fiduciary duties include the duty of care and the duty of loyalty. Managers of LLCs have similar duties to members of LLCs.

Kathleen Westfall discusses key components of physician professional liability policies in the latest issue of the Detroit Medical News.

Daniel Schulte discusses whether health care professionals can and should respond to negative online reviews in the latest edition of The Journal of The Michigan Dental Association (April 2022).

Cody Attisha and Shaun Graff discuss tax strategies for business owners seeking additional opportunities for savings in the latest issue of Corp! Magazine.

Daniel Schulte outlines the process for dentists facing an administrative complaint with the Michigan Department of Licensing and Regulatory Affairs for The Journal of The Michigan Dental Association (March 2022).

For both debtors and creditors, the numbers are important in a bankruptcy proceeding. The Judicial Conference of the United States has announced that certain dollar amounts and dollar limitations in the U.S. Bankruptcy Code will increase effective April 1, 2022.

Health Care attorney, Daniel Schulte, discusses whether reports to the National Practitioner Data Bank may be made in an effort to collect in a billing dispute in the latest issue of The Journal of The Michigan Dental Association (February 2022).

Health Care attorney, Daniel Schulte, responds to questions regarding dental fees secured through network leasing companies in the latest issue of The Journal of The Michigan Dental Association (January 2022).

In every insolvency or bankruptcy proceeding, there are winners and losers. Senior secured creditors are often paid in full while general unsecured creditors receive pennies on the dollar.

Private employers with more than 100 employees are breathing a sigh of relief this afternoon following the U.S. Supreme Court's decision staying implementation of the OSHA Private Employer Vaccine or Test Emergency Temporary Standard (Private Employer ETS). 

Bankruptcy is a forum for the insolvent. However, financially healthy businesses and individuals are dragged into bankruptcy court against their will every day. The primary culprit is the adversary complaint filed by a bankruptcy trustee.

Kathleen Westfall discusses key considerations for physicians negotiating employment agreements in the latest issue of the Detroit Medical News.

On December 20, 2021, Governor Gretchen Whitmer signed legislation (H.B. 5376) allowing owners of S corporations and partnerships (including limited liability companies taxed as partnerships) to pay their state and local taxes at the business entity level instead of individually.

Health Care attorney, Daniel Schulte, responds to questions regarding whether it is a HIPAA violation to ask patients and employees to disclose their vaccination status in the latest issue of The Journal of The Michigan Dental Association (December 2021).

Health Care attorney, Daniel Schulte, discusses Michigan's Department of Insurance and Financial Services' response to the delayed claims experienced by many healthcare providers in the latest issue of The Journal of The Michigan Dental Association (November 2021).

There have been several recent court cases around the country involving COVID-19 patients seeking court orders forcing their physicians/hospitals to administer ivermectin following a refusal to do so due to their judgement that ivermectin is unnecessary or potentially harmful.

On September 9, 2021, the White House’s “Path Out of the Pandemic: President Biden’s COVID-19 Action Plan,” directed the Occupational Safety and Health Administration (OSHA) to issue an Emergency Temporary Standard (ETS) requiring all employers with 100 or more employees to ensure their workforce is fully vaccinated or to require testing of any workers who remain unvaccinated.

Kerr Russell attorney Jason Bank was recently featured on OESA’s podcast, Automotive Insiders. Listen as he discusses what automotive businesses can do before filing a Chapter 11 bankruptcy for a better outcome with creditors.

Health Care attorney, Daniel Schulte, discusses the role of Certified Registered Nurse Anesthetists within a dental practice in the latest issue of The Journal of The Michigan Dental Association (October 2021).

Immigration attorney, Kate McCarroll, discusses the immigration process for hiring foreign nationals in the latest issue of The Journal of The Michigan Dental Association (September 2021).

Under an Interim Final Rule issued recently by the SBA, PPP loan borrowers receiving an adverse decision from the SBA in respect of the borrower’s loan forgiveness application, can now defer making payments of principal and interest even longer.

Health Care attorney, Daniel Schulte, discusses whether dentists are required to file claims with insurers in the latest issue of The Journal of The Michigan Dental Association (August 2021).

Guidance for Michigan employers concerning the CDC’s new mask recommendations On July 27, 2021, the CDC reversed course from its previous guidance and issued a recommendation that everyone, including fully vaccinated individuals, wear masks in public indoor settings in areas of substantial or high transmission.

The Michigan No-Fault Auto Insurance Reform Act, effective July 1, 2021, introduced a fee schedule of set percentage limits on how much doctors, hospitals, clinics, institutions, and persons can be paid or reimbursed for providing treatment or care to auto accident victims.

In a ruling with implications for retirement and tax planning generally, the U.S. Supreme Court has determined that, in certain circumstances, taxpayers can challenge reporting requirements before complying with the requirement – typically prohibited in tax collection cases by the Anti-Injunction Act. 

In California v. Texas, the U.S. Supreme Court has once again considered and rejected a challenge to the Patient Protection and Affordable Care Act (ACA or Act).

COVID-19 has brought many changes to retirement plan laws. In addition, plan documents are still being updated for pre-COVID 19 laws such as the 2019 SECURE Act.

Health Care attorney, Daniel Schulte, discusses whether a group of general dentists can advertise specialty services, in the latest issue of The Journal of The Michigan Dental Association (June 2021).

A great business idea is only as valuable as the ability to protect it and create a successful business around it. Attorney Max Sneyd discusses IP essentials for entrepreneurs in this webinar.

In order to avoid being a victim of a “copyright troll,” businesses need to be vigilant about the content they post on social media, websites and other promotional materials. 

Following the Centers for Disease Control and Prevention’s (CDC) new mask guidance and Michigan’s Department of Health and Human Services (MDHHS) May 15th Order modifying mask guidance, Michigan employers have struggled with how to reconcile the Order and CDC guidance with the Emergency Rules set by Michigan’s Occupational Safety and Health Administration (MIOSHA), which, up until today, required all employees to wear masks in the workplace.

On Thursday, May 13, 2021, the CDC issued a new mask guidance.  Effective immediately, individuals who have been fully vaccinated may resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance. 

Health Care attorney, Daniel Schulte, discusses how antitrust laws cannot be ignored by dentists and reviews several important tips for the latest issue of The Journal of The Michigan Dental Association (May 2021).

The International Trade Commission (ITC) of the United States is an independent and quasi-judicial federal agency that handles a range of trade-related matters. The main functions of ITC are to investigate and make determinations in proceedings involving imports alleged to injure a domestic industry or violate US intellectual property rights.

Health Care attorney, Daniel Schulte, discusses non-compete agreements and liquidated damages provisions in employment contracts for the latest issue of The Journal of The Michigan Dental Association (April 2021).

Government mandated work-from-home orders have created a remote workforce, creating a host of complex state and local tax issues for both employers and their employees. Even as these orders expire, a common trend among employers is to implement flexible, long-term (and in some cases permanent) work-from-home arrangements.

The Michigan State Medical Society released an update by Liam Healy discussing the COBRA subsidy included in the latest round of COVID-19 relief.

As we recently reported, the temporary increase of the “debt ceiling” for small business debtors under Subchapter V of the Bankruptcy Code from $2,725,625 to $7,500,000 was set to “sunset” or expire on March 31, 2021. That same day, however, President Biden signed the “COVID-19 Bankruptcy Relief Extension Act” into law extending this and other critical bankruptcy relief provisions established last year under the CARES Act.

Kerr Russell attorney Kenneth Lombardo was recently featured on OESA’s podcast, Automotive Insiders. Listen as Ken, who has been representing automotive suppliers for 25 years, explains why business succession planning is important in the automotive industry.

The pandemic has impacted nearly all areas of personal and professional life. Attorneys have learned to adopt to virtual court hearings – with varying amounts of success. See viral video of attorney exclaiming, “I’m not a cat”, while appearing with a cat filter in a Zoom hearing.

Health Care attorney, Daniel Schulte, discusses liabilities related to vaccination requirements in the latest issue of The Journal of The Michigan Dental Association (March 2021).

Facilitative mediation continues to grow as a preferred method to resolve disputes, especially in bankruptcy proceedings.

Each of these tactics are used to incentivize employees involved in a merger situation, but when should one be used over the other? 

In February 2020, Congress established a new subchapter of Chapter 11 of the Bankruptcy Code aimed at easing the burden and costs of reorganization for small businesses. This new Subchapter V, enacted under the Small Business Reorganization Act of 2019 (SBRA), significantly streamlined the ordinary Chapter 11 process for certain “small business debtors.” 

The COVID-19 pandemic continues to demonstrate the importance and effectiveness of telemedicine as a means of providing patients with access to safe and quality medical care through the use of technology.

Congress recently passed the Corporate Transparency Act (CTA) to require companies in the U.S. to disclose their beneficial owners to the U.S. government.

Joanne Geha Swanson discusses the benefits of an amicus brief and how one is best leveraged in the latest issue of the Michigan Bar Journal (February 2021).

Health Care attorney, Daniel Schulte, addresses questions related to the COVID vaccine in the latest issue of The Journal of The Michigan Dental Association (February 2021).

As people have come to learn this week (many for the first time), the stock market is a volatile tool through which earnings are made and lost in the literal blink of an eye. We, of course, do not intend to provide investing advice but, instead, hope to provide a word of caution relative to the tools used for such investments.

Labor and Employment attorney Olivia Hankinson recently presented on the legal side of the COVID-19 vaccine. The webinar was hosted by Corp! Magazine and can be viewed HERE.

As part of Data Privacy Day 2021, ask yourself, does my business have a Privacy Program in place? Probably not. But should it? That’s a great question for a privacy professional — someone focused on privacy practices, laws, and regulations.

As many industries continue to struggle due to the ongoing pandemic, and invoices remain unpaid, it is more important than ever for businesses to understand their setoff and recoupment rights. These rights can be critical to obtaining repayment of a debt when dealing with a distressed business.

The recently enacted Consolidated Appropriations Act amends certain provisions of the U.S. Bankruptcy Code that will provide additional relief and protections for small businesses and individuals that have been impacted by the COVID-19 pandemic, as well as landlords and suppliers. Most of these amendments, however, are temporary and will expire after either one or two years unless extended.

The SBA announced that it will re-open the Paycheck Protection Program (PPP) loan portal to all eligible lenders this coming Tuesday, January 19, 2021, for a second round PPP loan applications.

The Consolidated Appropriations Act of 2021 was signed into law on December 27, 2020. The Act contains multiple provisions relating to employer sponsored employee benefit plans. The Act provides an employer the ability to avoid plan termination resulting from workforce reduction and to provide flexibility and expanded tax benefits to employee participants during the pandemic period.

Health Care attorney, Daniel Schulte, discusses a potential settlement in the Blue Cross Blue Shield antitrust litigation and addresses a question regarding dentists hiring physician assistants in the latest issue of The Journal of The Michigan Dental Association (January 2021).

With the COVID-19 vaccine anticipated to become available to the general public in 2021, many Michigan employers are questioning how they should proceed with requiring vaccinations.

The Consolidated Appropriations Act of 2021 (the Act) was signed into law on December 27, 2020. Among its many extenders, the Act provides employers the option to continue paid leave through March 31, 2021 and receive a tax credit for amounts paid.

Health Care attorney, Daniel Schulte, answers questions related to the definition of "health care provider" as it relates to the Families First Coronavirus Response Act in the latest issue of The Journal of The Michigan Dental Association (December 2020). Question: One of my employees who is not directly involved in patient care (she does billing, and other office work for my practice) is very upset with me. She claims that she had a situation months ago that would have qualified her for paid leave, and now that the definition of "health care provider" has changed under the Families First Coronavirus Response Act ("FFCRA") she says I owe her back pay. Is this true? She also claims that I should have brought this to her attention and to others who are now eligible for this paid leave. Did I have to amend the notice I have in my office when the definition of "health care provider" changed?

Attorney Luke Brithinee provides an update on nurse practitioners as standard of care experts for Michigan Defense Quarterly.

Labor and Employment attorney Olivia Hankinson discusses the benefits of diversity and inclusion in the workplace, and how to maintain that progress as many companies continue to work remotely, in the latest issue of Corp! Magazine.

The Michigan Economic Development Corporation (MEDC) has announced that it is accepting applications for the Pure Michigan Small Business Relief Initiative.

Health Care attorney, Daniel Schulte, answers questions related to patient's access to medical records in the latest issue of The Journal of The Michigan Dental Association (November 2020). Question: I have a patient owing me a large balance that I have unsuccessfully been attempting to collect. The patient is now requesting that I provide a copy of her records to another dentist. Can I require her to pay the copy fee in advance? Would it be illegal to have an office policy providing patients free copies of their records if their account is paid in full, charging only those patients who have past due balances for their copies?

Kerr Russell attorneys Jason W. Bank and Kevin T. Block recently discussed sales of distressed businesses, inside and outside of a court proceeding, and the rights of creditors. The article was published in the OESA News 2020 newsletter (pages 6-7).  

Attorney Mark Knoth will join a panel of leading labor and employment attorneys to discuss industry trends and challenges surfacing in Michigan on Thursday, October 28, 2020 at 11 AM EST hosted by Thomson Reuters. 

Labor and Employment attorney Mark Knoth recently presented on Reductions in Workforce as a result of the COVID-19 pandemic. The webinar was hosted by Corp! Magazine and can be viewed HERE.

Health Care attorney, Daniel Schulte, discusses vendor contracts and changes to contractual obligations in light of the pandemic for the latest issue of The Journal of The Michigan Dental Association (October 2020). Recently the MDA has received several questions regarding vendor contracts, including contracts for supplies, technology, and other products and services, as well and employment and independent contractor agreements, buy-in and buy-out arrangements, etc. The questions all note that at one time the contract made financial sense, but due to the pandemic they no longer do. Members are seeking advice whether it is possible to change contractual obligations due to this unexpected change in circumstances.

On October 8, 2020, the Departments of Homeland Security (DHS) and Labor (DOL) announced sweeping changes to the H-1B program, as well as adjustments to the way that required wages are calculated for the H-1B, E-3 and PERM labor certification processes.

Attorney Richard Stokan provides an update on recent developments in Medical Malpractice legislation for Michigan Defense Quarterly.

Kerr Russell, as of the date of this publication, is informing clients and friends of the firm that they are legally obligated to continue to comply with applicable COVID-19 workplace safety standards and valid state and local public health department orders, notwithstanding the Michigan Supreme Court’s opinion of October 2, 2020 invalidating the Governor’s COVID-19 Executive Orders. 

The U.S. Department of Labor and U.S. Department of Treasury issued joint guidance extending certain COBRA election, premium payment and appeal deadlines during the COVID-19 outbreak.

ABCs as an Alternative to a Bankruptcy Liquidation Bankruptcy and Restructuring attorney William Blasses discusses the benefits and drawbacks to an assignment for the benefit of creditors in a recent article co-authored for Detroit Lawyer.

As clinical trials for a COVID-19 vaccine progress, many employers are asking whether they will be able to require their employees to be vaccinated as a condition of employment once a vaccine becomes available.

Kerr Russell attorney Michael "Max" Sneyd was recently featured on OESA's podcast, Automotive Insiders. Listen as Max shares how Force Majeure clauses have been applied to COVID-19 and the way future clauses will be drafted.

Health Care attorney, Daniel Schulte, answers questions related to collecting past-due balances from patients. The Q&A can be found in the Journal of The Michigan Dental Association (September 2020) Question: Due to employment disruptions caused by the COVID-19 crisis our practice has several patients who no longer have dental benefits. They are now cash payers. Many of them have past-due balances. Sending reminder statements to their home addresses in getting us nowhere. Can I have my staff call them and ask for payment? Can I call them at work if they have a new job? Should I have them call later at night when we expect they would be home?

On August 8, 2020, President Trump issued a memorandum (the “Memorandum”) to defer the 6.2% employees’ portion of Social Security taxes from September 1, 2020 through December 31, 2020.

As many entrepreneurs know, a business incubator can be invaluable in transforming an idea for a product or service into a profitable business. But did you know that many business incubators have relationships with local attorneys?

Immigration attorney Kate McCarroll recently presented on employment-based immigration policies amid our current climate. The webinar hosted by Corp! Magazine can be heard HERE.

On August 8, 2020 President Trump issued a Presidential Memorandum on deferring payroll tax.

Kerr Russell attorney, Michael Carroll, recently reviewed The Arsenal of Democracy: FDR, Detroit, and an Epic Quest to Arm an America at War, by A.J. Baime for Detroit Lawyer magazine.

On August 4, 2020, the Small Business Administration, in consultation with the Department of Treasury, released “Frequently Asked Questions (“FAQs”) on PPP Loan Forgiveness.”

Health Care attorney, Daniel Schulte, answers questions related to the Families First Coronavirus Response Act. The Q&A can be found in the Journal of The Michigan Dental Association (August 2020) Question: My practice reopened a couple of weeks ago. The number of patients we are seeing has steadily increased. I have an employee who refused my recall to work due to child care issues. I let this go at first because I could get by without her. However, I really need her to return to work. She is continuing to refuse and now tells me that federal law passed as a result of COVID-19 requires me to provide her with paid leave since the reason she cannot return is due to child care issues. Is this true?

Many 401(k) plans are “safe-harbor” plans, meaning that the plan sponsor employer commits to providing an annual match or 3% contribution for participants in exchange for avoiding annual non-discrimination testing and possible burdensome corrections.

The global pandemic has resulted in an unprecedented economic strife for many businesses and industries. The economic pain was eased for many by the issuance of Paycheck Protection Program (“PPP”) loans and other relief programs.

Attorney Anna Valk answers questions alongside other area real estate experts in a Q&A for dbusiness Magazine (July-August 2020). Question: What is a Real Estate Transfer Tax Valuation Affidavit and why should I use it?

Failure to ensure adequate levels of data protection may result in heavy fines, and/or the complete shutdown of personal data transfers across international lines.

Kerr Russell attorney Eric I. Lark discusses the benefits of captive insurance for manufacturers in the Michigan Manufacturers Association MiMfg magazine (p. 26 July 2020).

Health Care attorney, Daniel Schulte, answers questions related to fears arsing from returning to work amid the coronavirus crisis. The Q&A can be found in the Journal of The Michigan Dental Association (July 2020) Question: An employee is refusing to return to work. She tells us that she is afraid of COVID-19 infection and this fear is causing her to lose sleep and have anxiety and depression. Could her suspected history of anxiety and depression (heightened by the COVID-19 crisis) be deemed a disability under some law?

The COVID-19 pandemic's impact on our daily lives cannot be overstated. Its ability to spread is perhaps best exemplified in the setting of correctional facilities - where physical space comes at a premium. 

By now, most US-based businesses have at least heard of the California Consumer Privacy Act (“CCPA”), and if you haven’t, you should contact your attorney soon because enforcement begins on July 1, 2020.

Many Americans have recently been introduced to new phone applications and workplace procedures that monitor and trace the spread of COVID-19 throughout the United States.

It’s 2:00 a.m. and you get a call from your security team – the inevitable has happened and you have to respond to a cybersecurity “incident.” 

Every year in June, Apple Developers and fans flock to Cupertino for the annual Worldwide Developers Conference. This year’s WWDC was a little different due to the COVID-19 pandemic, but it didn’t stop Apple from announcing some major initiatives.

Although privacy professionals will typically acknowledge that the EU is way ahead of the US when it comes to data privacy protections, for those outside the field it may seem a bit odd to focus on a decision by the Belgian Data Protection Authority.

California’s Attorney General will begin enforcing the rules and regulations of the California Consumer Privacy Act (“CCPA”) on July 1, 2020.

Given that the previous few months have been filled with quarantine, shelter in place, and stay at home orders, the desire to travel over the upcoming summer months has perhaps never been greater. 

On June 22, President Trump signed a Presidential Proclamation suspending the entry of some employment-based non-immigrants, effective June 24. Citing the need to protect the economic recovery of the United States in the wake of the COVID-19 pandemic, the Proclamation effectively bars U.S. Consulates from issuing H-1B/H-4, H-2B, some J-1, and L visas through December 31, 2020.

Kerr Russell bankruptcy attorney Jason Bank recently published an article in the Member Newsletter for the Detroit Chapter of Turnaround Management Association. He discusses the role of turnaround professionals as they help clients navigate the economic fallout and recovery in the wake of COVID-19.

Traditional retailers with significant real estate holdings have been battered by the COVID-19 crisis and consumer shift to online spending.  As a result, many retailers have sought refuge in the bankruptcy court.

Health Care attorney, Daniel Schulte, answers recent questions related to the coronavirus crisis. The Q&A can be found in the Journal of The Michigan Dental Association (June 2020) Question: I suspect that many of my employees are going to be hesitant to come back to work due to the fear of infection. If I ask an employee to return to work and he or she refuses, what can I do?

Health Care attorney, Daniel Schulte, answers questions related to the CARES Act. The Q&A can be found in the Journal of The Michigan Dental Association (May 2020) Question: Can you provide a summary of the tax law changes made in March that will help me offset the financial losses that I have mounting due to the COVID-19 crisis?

On June 1, 2020, Governor Whitmer issued Executive Order 2020-110 (“Order”). The Order is effective immediately with certain provisions effective on June 4 and June 8. The Order rescinds Executive Order 2020-92, the latest version of the stay safe, stay at home order.

On Thursday May 28, 2020, the House passed H.R. 7010 which would provide more flexibility to borrowers under the Paycheck Protection Loan Program. On Wednesday June 3, 2020, the bill also passed in the Senate and is now making its way to President Trump’s desk for signature. 

In case you missed it, here is another chance to watch a recent webinar on Employee Benefits Amid COVID-19, by Liam Healy hosted by Corp! Magazine.

Kerr Russell immigration attorney, Kate McCarroll recently published an article with the Michigan State Medical Society. She discussed the bipartisan group Senate bill (Healthcare Workforce Resilience Act), which is intended to strengthen the U.S. healthcare workforce and improve healthcare access during the COVID-19 crisis. 

On Friday, May 15, 2020, the SBA released the Paycheck Protection Program (PPP) Loan Forgiveness Application (the “Application”) and related instructions providing much needed guidance on several open issues. 

Kerr Russell attorneys hosted a webinar for the Southeastern Michigan Chapter of the National Electricians Association (NECA).  

Since the inception of the PPP loan program, all applicants have been required to certify in good faith that “[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.”

Attorneys Joanne Geha Swanson and Jacquelyn Klima discuss what considerations to make when evaluating outside counsel in Corp! Magazine (March/April)

On Thursday April 30, 2020, the IRS released Notice 2020-32, clarifying that no tax deduction is allowed for the payment of expenses resulting in loan forgiveness under the SBA Paycheck Protection Loan Program.

On Friday, May 1, 2020, Governor Whitmer signed Executive Order 2020-70 (“EO 2020-70”). This EO allows additional industries, including those in the construction industry, to resume work on May 7, 2020.

On March 27, 2020, President Trump signed into law, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”).

Over the last few weeks, Google alone has blocked an average of 18 million COVID-19-related malware and phishing emails every day. Ransomware attacks are on the rise.

On April 24, 2020, the president signed into law the fourth in a series of bills to address the public health and economic crisis caused by COVID-19. The Paycheck Protection Program and Health Care Enhancement Act (PPPHCE Act) provides additional funding for the recently exhausted CARES Act Paycheck Protection Program.

On April 24, 2020, Governor Whitmer issued Executive Order 2020-59 (“Order”). The Order is effective immediately with certain limited provisions effective on April 26. The Order continues through May 15, 2020 at 11:59 pm, unless modified. Executive Order 2020-60 was also issued and adds temporary safety measures for food-selling establishments and pharmacies

On Thursday April 23, 2020, the House passed H.R. 266, a $484 billion relief package that would replenish funds for the SBA Paycheck Protection Program.

OESA recently launched a new podcast, Automotive Insiders, and Kerr Russell attorney Jim DeLine was their second guest. Listen as Jim shares top lessons that can help today’s suppliers manage their resumption of production during and after this pandemic.

On Monday night, April 20, President Trump tweeted that he planned to sign an Executive Order temporarily suspending immigration into the United States. 

Last week, the SBA’s Paycheck Protection Program (“PPP”) reached its funding limit and stopped processing applications. While Congress is in the process of passing a new coronavirus aid package to help small businesses, there is a great deal of uncertainty over how many small businesses will be able to share in the additional funding.

Health Care attorney, Daniel Schulte, answers questions related to the sale of a dental practice. The Q&A can be found in the Journal of The Michigan Dental Association (April 2020) Question: I am a probate attorney assisting the widow of a deceased dentist in the sale of his dental practice. What are the specific legal considerations I should keep in mind when selling a dental practice? My client is not a dentist and I assume she cannot hire a dentist and continue the practice. Can she keep it in operation by engaging a dentist while trying to sell?  

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) offered $349 billion in funds to small businesses affected by COVID-19 and the economic slowdown through its Paycheck Protection Program (“PPP”).

With the many orders by the Governor and Supreme Court focusing on the shut down and civil and criminal procedures associated with COVID-19, what may have been overlooked is the proposed amendment to the case evaluation rule, MCR 2.403.

On April 9, 2020, Governor Whitmer issued Executive Order 2020-42 (“Order”). The Order takes effect on that date at 11:59 pm and continues through April 30, 2020 at 11:59 pm, unless modified.

Title II, Section A of the CARES Act modifies and expands unemployment benefits available in 2020 to provide relief to individuals who are affected by the COVID-19 epidemic.

In an effort to provide updates reflective of the common questions we are answering, we have compiled additional FAQs and responses.

Health Care attorney, Daniel Schulte, answers questions related to the timing of a lawsuit against Delta Dental. The Q&A can be found in the Journal of Michigan Dental Association (March 2020) Question: I have been reading about the recent antitrust cases filed against the Delta Dental Association and the state Delta Dental plans. This arrangement has been in place for many years. We have all known about the anticompetitive behavior alleged in these complaints and the adverse effect it has had on dentists and patients for a long time. Is there a reason why the lawsuits were recently filed? Is there a reason this was not done before now?

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 2 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.

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.

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?

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.

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).

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.