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February 1, 2023

Post-Holiday Blues Ushers in Winter of Discontent for Some Retailers

The holiday season is typically the most wonderful time of the year for the retail industry. However, for some retailers, the holiday season represents a last-ditch effort to stave off financial difficulties and even bankruptcy.

January 26, 2023

How Does an 'Assignment of Benefits' Work?

Daniel Schulte discusses the parameters of an assignment of benefits form without an existing dental plan contract in the latest issue of The Journal of the Michigan Dental Association (January 2023).

January 19, 2023

Indication of Interest vs. a Letter of Intent

Buyers and sellers in an M&A transaction will enter into numerous documents and agreements, such as Indications of Interest and Letters of Intent. Richard Buslepp recently outlined the difference between these two common merger documents for DBusiness.

January 18, 2023

Immigration Insider | January 2023

Updates regarding waivers for non-immigrant visa appointments, COVID test requirements for travelers from China, automatic green card extensions for naturalization applicants and the upcoming H-1B lottery are included in this month’s edition of Immigration Insider.

January 6, 2023

Employee vs. Independent Contractor

Daniel Schulte weighs the advantages and disadvantages of contracting with an entity rather than an individual in the latest issue of The Journal of the Michigan Dental Association (December 2022).

January 5, 2023

Understanding Michigan's E-Prescribing Requirement Exceptions and Waiver Process

Physicians are now required to transmit prescriptions electronically unless an exception applies. Kathleen Westfall outlines these exceptions and what physicians must do to comply with the Michigan Public Health Code's newest requirement in the latest edition of the Detroit Medical News.

January 4, 2023

SECURE Act 2.0 Changes Retirement Plan Landscape for 2023 and Beyond

The omnibus package signed by President Biden on December 29, 2022 contains legislation making numerous changes to retirement plan law (SECURE 2.0 or the Act). 

December 21, 2022

Factors to Consider in Hiring Outside Counsel

The importance of the attorney-client relationship cannot be overstated. Within that relationship, a lawyer has many roles.

December 16, 2022

Five Tips to Prepare for Civil Litigation

Clients often make the same mistakes no matter what facts give rise to litigation. Here are five tips I often find myself sharing with my civil litigation clients.

November 28, 2022

H-1B Status: Cap-Subject vs. Cap-Exempt

In order to work in the United States, a foreign national must have valid immigration status that allows employment. Generally, a foreign national cannot self-petition for work authorization, but must have a close relative or employer sponsor her.

November 23, 2022

Ex-Employees Who Solicit Patients Using Stolen Information

Daniel Schulte discusses employment agreements as a means for protecting against patients being poached by past employees in the latest issue of The Journal of the Michigan Dental Association (November 2022).

November 17, 2022

Third-Party Releases in Chapter 11 Bankruptcy

To release or not release: that is still the question for bankruptcy judges. Non-consensual third-party releases continue to be a hot topic in bankruptcy courts.     

November 10, 2022

Immigration Insider | November 2022

Updates regarding automatic green card validity extensions for renewal applicants and the extension of I-9 flexibility are included in this month’s edition of Immigration Insider.

November 9, 2022

Commercial Lease Terminations in Michigan

In the realm of “do’s and don’ts,” when a party to a commercial lease (whether it be the landlord or the tenant) desires to “break” a lease in the State of Michigan, the “don’ts” reign supreme (or at the very least, the “do’s” come with great caution).

October 26, 2022

A Fair Warning: 401(k) Plan Sponsors May be Hard-Pressed to Defend Addition of Cryptocurrency Investment Option

Liam Healy discusses guidance from the U.S. Department of Labor regarding cryptocurrency as a 401(k) plan investment option in the latest edition of Corp! Magazine (September/October 2022).

October 24, 2022

Dealing with Patients Who Have Been Using Marijuana

Daniel Schulte addresses whether dentists can refuse treatment to patients suspected of using marijuana in the latest issue of The Journal of the Michigan Dental Association (October 2022).

October 10, 2022

OIG Special Fraud Alert: Seven Suspect Characteristics of Fraudulent Telemedicine Arrangements

The Department of Health and Human Services Office of Inspector General issued an alert earlier this year warning physicians of potential fraud schemes when engaging with telemedicine companies. Kathleen Westfall discusses the seven "suspect characteristics" that could suggest risk of fraud and abuse in the latest issue of the Detroit Medical News.

October 5, 2022

Intellectual Property Audits -- Do You Have a Plan to Protect your Intellectual Property?

Your company's intellectual property and confidential information can be among its most valuable assets.  Whether the company is a newly formed start-up or it has been in business for many years, it must be proactive in the protection of its rights.

September 19, 2022

Understanding the Dental Plan Audit Process

Daniel Schulte discusses what to expect from a dental plan audit in the latest issue of The Journal of the Michigan Dental Association (September 2022). 

September 15, 2022

Immigration Insider | September 2022

Updates on the H-1B lottery process and TN-2 visa applications are included in this month's edition of Immigration Insider.

September 14, 2022

Changing Suppliers in These Changing Times

Four steps for manufacturers to avoid legal pitfalls of re-sourcing supply Disruptions in the supply chain are leading manufacturers to seek alternate sources, often involving termination of a contract, which can lead to a number of legal pitfalls. James DeLine recently recently outlined how manufacturers can avoid these pitfalls to ensure a smooth transition for DBusiness.

August 23, 2022

Can Dental Ratings be Defamatory?

Many health and dental plans are adopting rating systems for participating practitioners. What recourse is available to practitioners who believe their rating is negatively impacting their practice? Daniel Schulte discusses this in the latest edition of The Journal of The Michigan Dental Association (August 2022).

August 19, 2022

IRS Pilot Program Provides 401(k) Plans Rare Pre-Audit Notice and Correction Window

It is often too late to correct 401(k) plan document or operation errors once an audit letter is received without incurring significant penalties from the IRS. A new IRS pilot program provides advance notice of an audit to employers who sponsor 401(k) plans, and a 90-day window to correct any errors.

July 18, 2022

Leased Provider Networks Cause Payment Confusion

Most physicians and dentists are familiar with contracting to be a part of a third-party payer’s network. This usually means increased patient flow (from the patients enrolled in the payer’s plan(s)) and fee discounts.

June 30, 2022

Bankruptcy Threshold Adjustment and Technical Corrections Act Enacted

On June 21, 2022, President Joe Biden signed into law the “Bankruptcy Threshold Adjustment and Technical Corrections Act”. The Act restores the increase of the debt limit for small businesses filing for bankruptcy under subchapter V of chapter 11 from $2,725,625 to $7,500,000.

June 20, 2022

Purchase Price Allocation When Selling Your Practice

The allocation of a purchase price can cost or save each party thousands of dollars in taxes when negotiating the sale of a practice. Daniel Schulte discusses this in the latest edition of The Journal of The Michigan Dental Association (June 2022).

June 6, 2022

Lemon Law in the Age of Electric Vehicles

The still-developing technology and supply chains for Electric Vehicles (EVs) have spawned a new age in Lemon Law and Consumer Protection actions.

June 6, 2022

What is Illegal About Disclosing Fee Schedules?

Daniel Schulte discusses disclosing fee schedules in the latest edition of of The Journal of The Michigan Dental Association (May 2022).

May 9, 2022

Court Ruling Offers New Consideration for Corporate Officers, Directors and LLC Managers

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.

April 25, 2022

Understanding Your Professional Liability Policy

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

April 25, 2022

Responding to Internet Criticism and HIPAA Considerations

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).

April 11, 2022

Tax Tips to Help Minimize Your 2022 Tax Burden

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

March 21, 2022

Winning Your Case and Still Being Sanctioned

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).

March 16, 2022

No Foolin’: Bankruptcy Code Changes Go into Effect on April 1

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.

February 21, 2022

Can I be Reported to the Data Bank in Connection with a Billing Dispute?

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).

January 24, 2022

Network Leasing Arrangements and Their Effect on Fees

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).

January 21, 2022

Politics and Insolvency: The Saga of Delphi Retirees

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.

January 13, 2022

Implementation of OSHA Private Employer Vaccine or Test Emergency Temporary Standard Stayed by U.S. Supreme Court

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). 

January 12, 2022

The Trustee Cometh: Responding to Adversary Complaints in Bankruptcy Cases

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.

January 7, 2022

Physician Employment Agreements: Key Provisions to Negotiate and Common Pitfalls to Avoid

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

December 23, 2021

Michigan Enacts SALT Cap Workaround for Pass-Through Entities

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.

December 7, 2021

Disclosure of Employee Vaccination Status is Not a HIPAA Violation

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).

November 22, 2021

State Responds to Auto No-Fault Payment Delays

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).

November 12, 2021

Medical Treatment Cannot Be Compelled by a Michigan Court or its "Right to Try" Law

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.

November 5, 2021

Is Your Facility Covered by OSHA's New ETS?

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.

October 19, 2021

Jason Bank Discusses Planning for Chapter 11 Bankruptcy on OESA's Automotive Insiders

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.

October 11, 2021

New Michigan Law Changes How CRNAs Practice

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).

September 8, 2021

How Can a Dental Practice Sponsor a Foreign National to Work as a Dentist?

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).

August 24, 2021

SBA Extends PPP Loan Repayment Period

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.

August 10, 2021

Can Patients Restrict Me from Filing Claims with Dental Plans?

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).

August 5, 2021

Are Masks Back?

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.

July 27, 2021

Michigan No-Fault Insurance Reform Act Limits Reimbursement Rates

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.

June 22, 2021

Challenge to IRS Notice does not violate Anti-Injunction Act

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. 

June 22, 2021

Supreme Court Upholds Affordable Care 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).

June 22, 2021

Employers Must Update 401(k) Documents for “Third” Cycle

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.

June 11, 2021

Can General Dentists Advertise Specialty Services?

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).

June 3, 2021

Intellectual Property Essentials for Entrepreneurs

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.

May 28, 2021

Common Mistakes That Can Attract Copyright Trolls

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. 

May 25, 2021

MIOSHA Announces New Workplace Rules

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.

May 14, 2021

Mask or No Mask? CDC’s New Mask Guidance

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. 

May 11, 2021

A Reminder About Dentistry and Antitrust Law

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).

May 4, 2021

What to Know About the US International Trade Commission

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.

April 19, 2021

Unreasonable Non-compete and Damages Provisions in Employment Contracts

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).

April 8, 2021

State and Local Tax Considerations for Remote Employees – and their Employers

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.

April 7, 2021

Latest COVID-19 Relief Includes COBRA Subsidy – Employer Action Required

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

April 1, 2021

Increased Bankruptcy Debt Ceiling Extended An Additional Year

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.

March 31, 2021

Kenneth Lombardo Discusses Business Succession Planning for Automotive Suppliers

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.

March 25, 2021

Mediation: Coming Soon to a Computer Near You

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.

March 16, 2021

Further Discussion on COVID-19 Vaccination Employer Liability Issues

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).

March 11, 2021

Preparing for Mediation in Bankruptcy

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

March 10, 2021

Richard Buslepp discusses Golden Parachutes vs. Golden Handcuffs for Crain's Detroit Business

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

March 9, 2021

Increased Bankruptcy Debt Ceiling Set to Expire

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.” 

March 9, 2021

Kathleen Westfall Discusses Legislation Surrounding Telemedicine for Detroit Medical News

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.

February 24, 2021

Identities of Business Owners Required to be Disclosed

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.

February 23, 2021

Best Practices: Giving Voice to Amici Curiae

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).

February 4, 2021

Q&A on Legal Issues and COVID-19 Vaccination

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).

January 29, 2021

Investing in Your Privacy

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.

January 27, 2021

Webinar: What Employers Should Know About the COVID-19 Vaccine

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.

January 27, 2021

2021 Looks to be a Landmark Year in Privacy

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.

January 26, 2021

Why Setoff and Recoupment Matters to Businesses

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.

January 19, 2021

Amendments to Bankruptcy Code Included in New Stimulus Package

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.

January 15, 2021

Second Round of PPP Money Now Available

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.

January 13, 2021

New COVID Act Includes Employee Benefit Changes

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.

January 12, 2021

BCBSM Lawsuit Settlement May Bode Well for ADA

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).

January 8, 2021

What Employers Should Know About COVID-19 Vaccine Policies

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.

January 4, 2021

New Law Extends Paid Leave Tax Credits, Other Relief

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.

December 9, 2020

Are the Revised DOL Regulations Retroactive?

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?

December 8, 2020

Medical Malpractice Update

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

December 3, 2020

Diversity and Inclusion: Sustaining Progress During a Pandemic

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.

December 1, 2020

MEDC Announces $10 Million in Grants for Small Businesses

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

November 16, 2020

Providing Dental Records to Patients with Past-Due Accounts

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?

November 11, 2020

Insights on Sales of Distressed Businesses

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).  

October 22, 2020

Virtual Event: Labor and employment law in Michigan: 2020 challenges and beyond

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. 

October 20, 2020

Webinar: COVID-19 and Reductions in the Workforce

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.

October 14, 2020

Relief from Contracts Due to the Pandemic

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.

October 13, 2020

Proposed Changes to H-1B Program & New Wage Requirements Implemented

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.

October 8, 2020

Medical Malpractice Update

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

October 6, 2020

“Now What?”: Supreme Court’s COVID-19 Executive Order Decision

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. 

September 28, 2020

COBRA Election Notices and Other Deadlines Remain Extended

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.

September 24, 2020

A Less Formal Proposal

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.

September 21, 2020

Employment Policies on COVID-19 Vaccine Policies

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.

September 15, 2020

Max Sneyd Discusses Force Majeure Clauses During A Global Pandemic On OESA's Automotive Insider Podcast

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.

September 8, 2020

Debt Collection Practices: What's Legal?

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?

September 4, 2020

Payroll Tax Deferral

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.

August 25, 2020

Why You Should Take Advantage of Your Business Incubator's Legal Services

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?

August 18, 2020

Webinar: Employment-based Immigration Amid Our Current Climate

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.

August 13, 2020

President Trump Issues Presidential Memorandum Authorizing Payroll Tax Deferral

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

August 9, 2020

Book Review - The Arsenal of Democracy

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.

August 6, 2020

FAQs on PPP Loan Forgiveness: Key Takeaways

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

August 4, 2020

Must Dentists Provide Paid Leave Under the Families First Law?

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?

July 30, 2020

401(k) Plans have until August 31 to Avoid Required Employer Contributions

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.

July 29, 2020

Chapter 11 Reorganization: What Every Business Should Know

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.

July 23, 2020

Working Remotely Drives Industry Changes

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?

July 17, 2020

Privacy Shield Offers No Defenses Under New EU Privacy Ruling

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.

July 15, 2020

The Best Time to Look into Captive Insurance is Now

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).

July 8, 2020

Can Anxiety Over COVID-19 be Considered a Disability?

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?

July 7, 2020

COVID-19 and Deliberate Indifference

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. 

June 30, 2020

The Path to the CCPA 2.0 Starts as Enforcement Begins

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.

June 30, 2020

Contact Tracing - Balancing COVID-19 Tracing and Privacy

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.

June 30, 2020

Data Breach? Engage Outside Counsel and an Independent Forensics Team

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.” 

June 30, 2020

Apple – Part of a Heathy (Privacy) Lifestyle

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.

June 30, 2020

Could Tell-a-Friend Features Violate Privacy Laws?

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.

June 30, 2020

CCPA Enforcement Begins July 1, 2020

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

June 29, 2020

Travel Recommendations for Summer 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. 

June 23, 2020

Presidential Proclamation Suspends Entry of Some Non-Immigrant Workers

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.

June 17, 2020

The Comeback: All Hands on Deck!

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.

June 16, 2020

Bankruptcy News Alert – Use Your Gift Cards!

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.

June 11, 2020

Recent Coronavirus-Related Questions

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?

June 11, 2020

The CARES Act and Relief to Dentists Affected by COVID-19 Business Interruption

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?

June 3, 2020

Michigan Stay-At-Home Order Rescinded

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.

June 1, 2020

House and Senate Pass H.R. 7010 Which Would Provide More Flexibility to PPP Borrowers

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. 

May 27, 2020

Employee Benefits Webinar: CARES Act and Other COVID-19 Legislation

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.

May 22, 2020

Changes to Immigration Policy are Necessary to Fight COVID-19

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. 

May 18, 2020

SBA Releases Loan Forgiveness Application and Instructions

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. 

May 18, 2020

Opportunities and Obstacles for Contractors in a COVID-19 Economy

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

May 14, 2020

SBA Announces Safe Harbor Presumption for PPP Loans Under $2 million

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.”

May 13, 2020

From The Lawyer's Perspective - Factors To Consider In Hiring Outside Counsel

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

May 5, 2020

IRS Announces No Deduction Allowed for Expenses Resulting in PPP Loan Forgiveness

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.

May 4, 2020

Construction Industry to Resume May 7, 2020, per Governor Whitmer’s Executive Order

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.

April 30, 2020

CARES Act Provides Tax Relief to Physicians Affected by COVID-19 Business Interruption

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

April 28, 2020

Health Care Data Security in the COVID-19 Era

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.

April 28, 2020

PPP Receives Additional Funding but Problems Persist

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.

April 27, 2020

Michigan Extends Stay Home Requirement - Some Activities Allowed to Resume

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

April 24, 2020

House Approves Replenishment of Paycheck Protection Program Loan Funding

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.

April 23, 2020

Jim DeLine Discusses Suppliers' Rights on OESA's Automotive Insiders Podcast

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.

April 23, 2020

Presidential Proclamation Barring Entry of Immigrants

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

April 22, 2020

Should A Small Business Consider Filing Bankruptcy?

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.

April 21, 2020

Some Legal Considerations When Selling a Practice

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?  

April 17, 2020

Small Businesses Administration Stops Accepting PPP Loan Applications

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”).

April 13, 2020

Proposed Changes to Case Evaluation in Michigan

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.

April 13, 2020

Business Insights for Michigan's Stay at Home Order Extension

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.

April 6, 2020

Unemployment Benefit Provision Under the CARES Act

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.

April 3, 2020

COVID-19 Immigration FAQs (Part 2)

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

April 3, 2020

BCBS Antitrust Litigation May Have Encouraged Delta Lawsuit

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?

April 1, 2020

Paid Leave Coverage Update

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.

March 30, 2020

CARES Act Establishes SBA Paycheck Protection Program

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.

March 30, 2020

CARES Act: Summary of Key Business Tax Provisions

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.

March 30, 2020

CARES Act Relief for Individual Taxpayers

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.

March 30, 2020

Executive Order 2020-26 Extends Michigan Tax Deadline

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.

March 30, 2020

Bankruptcy Update - CARES Act Amends the SBRA

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.

March 30, 2020

Emergency Orders Requiring COVID-19 Screenings and Social Distancing Plans

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.

March 27, 2020

COVID-19 Immigration FAQs (Part 1)

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.

March 27, 2020

COVID-19 Employer Guidance: How to Navigate the Most Common Challenges

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.

March 25, 2020

Kerr Russell’s Small Business Survival Guide

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.

March 24, 2020

How the Stay Home, Stay Safe Order May Affect Your Business

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.

March 24, 2020

COVID-19: Immigration Impact - Update (Part 2)

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

March 20, 2020

Governor Whitmer Extends Tax Forfeiture Redemption Period

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.

March 20, 2020

IRS ExtendsTax Filing Deadline

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.

March 19, 2020

Data that can Hurt Your Bottom Line

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. 

March 19, 2020

Washington Privacy Act Fails … Again

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”).

March 18, 2020

Paid Leave under the Families First Coronavirus Response Act

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.

March 18, 2020

Michigan Employment Security Act EO Amendment

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.

March 17, 2020

Employer Obligations Arising from COVID-19 (Part 2)

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.

March 16, 2020

Data Privacy & Security Considerations During the COVID-19 Pandemic

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. 

March 16, 2020

COVID-19: Immigration Impact

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.

March 16, 2020

Families First Coronavirus Response Act

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.

March 16, 2020

COVID-19 Outbreak Prompts Flexibility in Unemployment Insurance Benefits

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.

March 16, 2020

IRS Relaxes Health Plan Rules to Combat COVID 19

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

March 13, 2020

Executive Order 2020-5 and Private Employers

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.

March 13, 2020

Responding to Employee Concerns About Coronavirus/COVID-19 (Part 1)

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.

March 12, 2020

Coronavirus and Contract Performance

Can Coronavirus be a Force Majeure Event?

March 2, 2020

What Do Employers Need to Know About the SECURE Act?

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

February 18, 2020

Bankruptcy Alert - The Small Business Reorganization Act

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.

February 17, 2020

Disputing a Determination by a Workers’ Compensation Insurer

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?

February 5, 2020

Data Privacy Tips and Best Practices

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

February 5, 2020

Data Privacy: Why Should You Care and What to Expect?

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

February 5, 2020

Kerr Russell Attorney Explains What Data Privacy Is

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.  

February 4, 2020

Kerr Russell Attorney Discusses Mergers & Acquisitions with Corp! Magazine

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.

January 17, 2020

Avoiding a National Practitioner Data Bank Report

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?

January 16, 2020

Employers Sponsoring 401(k) Plans Must be Diligent with Plan Documents

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.

January 16, 2020

IRS Allows Employer Debt as Tax-Deductible Pension Plan Contribution

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.

January 15, 2020

The SECURE Act is effective January 1, 2020

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. 

January 15, 2020

Kerr Russell Presenting on Privacy and Data Protection in 2020

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."

January 7, 2020

The Michigan Litigation Addressing the Vaping Epidemic

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.

December 30, 2019

Eric Lark Discusses Growth of Global Captives in Captive International

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.

December 18, 2019

Immigration Insights for the End of the Year

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.

December 13, 2019

Daniel Schulte Answers Questions about Dental Records

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).   

December 4, 2019

Michigan Court Rule Changes

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

November 27, 2019

Is a Misunderstanding of Billing Procedures Fraud?

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?

November 26, 2019

IRS Confirms: Making Large Gifts Now Won’t Harm Estates After 2025

November 25, 2019

Eric Lark Provides Insight as to Why Group Captives Continue to Flourish

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.

November 15, 2019

Deadline Approaching for Commentary on DOL’s Proposed Rule to Amend Tip Regulations

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.

October 22, 2019

Hardship Distributions from 401(k), 403(b) Plans Need Changes

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

October 21, 2019

Article by Bankruptcy Attorney William Blasses Featured in ABI Committee Newsletter

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. 

October 14, 2019

Daniel Schulte Writes About Legal Marijuana Use on Licensure and Employment

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?

October 14, 2019

Bankruptcy Article by William Blasses in Corp! Magazine

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

October 8, 2019

Jason Bank Article Discusses Workouts and Bankruptcy Proceedings for Business in Michigan Bar Journal

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.

October 3, 2019

Chaoyi Ding Explains Proposed Regulations for Foreign Involvement in US Companies

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.

October 3, 2019

Mark Knoth Explains the Department of Labor Revised Overtime Rule

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.

September 25, 2019

How to Respond to a Notice of Investigation from LARA

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?

September 17, 2019

Autonomous Vehicle Legislation Update

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

September 10, 2019

Patrick Haddad Featured in Captive Insurance Times Discussing Proposed Treasury Regulations

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).

September 5, 2019

Bankruptcy Alert - New Bankruptcy Laws Aimed to Help Small Businesses, Farmers and Veterans

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.

September 4, 2019

Immigration Attorney, Kate McCarroll Featured in Lawyer Monthly

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.

August 29, 2019

Marijuana in the Workplace and its Impact on Company Policies

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

August 21, 2019

What's the deal with Short-Term Rentals? Q&A in DBusiness

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

August 21, 2019

Fairness in Employment Agreements in a Dental Practice

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?

August 7, 2019

Succession Planning Article in Corp! Magazine by Kerr Russell Attorney

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

July 16, 2019

Dentistry And The Law: Q & A With Health Care Attorney Daniel Schulte

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?

June 27, 2019

Royalty Income is Subject to Self-Employment Tax

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

June 25, 2019

Compliance Overview of the HIPAA Security Rule

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.

June 21, 2019

Immigration Insider - Summer 2019

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.

June 20, 2019

Dentistry and The Law: Q & A with Health Care Attorney Daniel Schulte

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)

June 12, 2019

Kerr Russell Tax Attorney Discusses The New Federal Tax Law

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.

June 11, 2019

Collective Bargaining and Employment Benefits

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

June 5, 2019

What You Need to Know About the Auto No-Fault Law

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.

June 4, 2019

Max Sneyd Discusses Intellectual Property on Recent Podcast

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

June 3, 2019

Kerr Russell Attorneys Discuss Client - Expert Suits in Michigan Defense Quarterly

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)

May 20, 2019

Health Care Law: Physician Self-Regulation

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?

May 14, 2019

A Medical Marijuana Card Does Not Protect Employment

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?

April 25, 2019

James DeLine, Editor In The Antitrust Class Action Handbook (2nd-Edition)

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.

April 12, 2019

One Year Later: Michigan’s Legislation Combating the State’s Opioid Crisis

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.

March 19, 2019

Immigration Insider – USCIS Processing and Cap Filings of H-1B Petitions

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.

March 5, 2019

Kerr Russell Attorney Discusses Immigration Matters And The H-1B Visa Approval Process

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.

January 8, 2019

Michigan Paid Medical Leave Act Effective March 2019

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.

December 18, 2018

Immigration Insider - Potential Changes to Fiscal Year 2020 H-1B Cap Filings (Winter 2018)

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.

November 29, 2018

Patrick Haddad appears in Captive Insurance Times

November 20, 2018

Kerr Russell members published in Oakland County Medical Society Publication

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"

November 16, 2018

Recreational Marijuana and the Michigan Workplace: New Considerations for Employers

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.*

August 14, 2018

New requirements for opioid prescribing now effective

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?

August 8, 2018

Innovation and Evolution: A Q&A with Kerr Russell's Eric Lark About Trends in Captive Insurance - Captive Insurance Times, Vermont Captive Conference Edition

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.

August 7, 2018

Cody Attisha contributes "Choice-of-Entity in a New Business Landscape" to Corp! Magazine's July/August 2018 issue

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.

August 7, 2018

Mark Knoth featured in Corp! Magazine article "Leaders Under Legal Scrutiny" (July/August 2018)

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."

July 10, 2018

Practice Break-Ups/Ownership of Patient Records

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?

July 9, 2018

Brandy Mathie, Anna Valk contribute to DBusiness Q&A section: "Expert Advice Can Help You Protect Your Property Investment"

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."

June 27, 2018

Remembering “Sara and Jane” - Thoughts on immigration law and abuse victims seeking asylum

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.

June 24, 2018

In the name of love

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.

June 18, 2018

Michigan Lawyers Weekly publishes "Negotiating Uncertainty: Legal Options for Manufacturers Confronting Tariffs" by attorneys Daniel Ferris, Derek Boyd

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

June 8, 2018

New Michigan Legislation: Sexual Assault Prevention and Health Professionals

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.

June 5, 2018

Beware termination rights in your contracts

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?

June 4, 2018

Download our white paper "Negotiating Uncertainty: Legal Options for Manufacturers Confronting Tariffs" by Daniel Ferris and Derek Boyd

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

May 25, 2018

Supreme Court Holds Class and Collective Action Waivers are Enforceable

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.

May 24, 2018

Michigan Civil Rights Commission Prohibits Discrimination Based on Gender Identity and Sexual Orientation

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.

May 17, 2018

Changes for Accrual of Unlawful Presence by Students and Exchange Visitors are coming

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.

May 17, 2018

Patrick Haddad offers comment before Michigan House of Representatives' House Law and Justice Committee, regarding Senate Bill 872, which proposes to extend retroactively the civil statute of limitations for criminal sexual conduct

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.

May 10, 2018

VIDEO: 5 in 15 - Immigration, Labor, & Employment Legal Trends: Sexual Harrassment, Transgender Employees, Employment Manuals (NLRB's Boeing Decision), Department of Homeland Security Oversight, Immigration Challenges

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

May 4, 2018

The difference between "noncovered services" and "disallowed services"

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?

May 3, 2018

Kevin Block, Kenneth Lombardo featured in May/June 2018 issue of DBusiness

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."

April 25, 2018

EVP Portal and the 2019 H-1B lottery

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.

April 25, 2018

Joanne Geha Swanson, chair of State Bar of Michigan Appellate Group, contributes thoughts on the power of editing to Michigan Appellate Practice Journal

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

April 18, 2018

Michigan Ownership Liability and No-Fault Act: Ramifications with Self-Driving Vehicles

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.

April 15, 2018

Katherine Cser, labor and employment, quoted in Hour Magazine article about the legal implications of wearing scents in the workplace

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:

April 2, 2018

Beware when purchasing software and other technology

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?

March 16, 2018

IRS Offshore Voluntary Disclosure Program Coming to an End

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

March 16, 2018

Extension of the Moratorium for the 2.3% Medical Device Excise Tax

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?

March 16, 2018

Kerr Russell's Max Sneyd quoted in Forbes' article "First Death Of A Pedestrian Struck By An Autonomous Vehicle May Set Tone For Lawyers And Liability"

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.

March 14, 2018

New laws for prescribing controlled substances in Michigan: Are you ready?

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.

March 12, 2018

2017 prescribing requirements add burdens to physician practice

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

March 9, 2018

New Michigan Legislation Affecting the Prescribing of Controlled Substances

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

February 22, 2018

Katherine Cser contributes "Proposed Tip-Pooling Regulation: Impact on Restaurateurs” to American Bar Association Section of Litigation, Employment and Labor Relations Law

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.

January 26, 2018

Download Kerr Russell's updated firm brochure and overview of services

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.

January 25, 2018

“And this is how it goes. For more than 15 years.” Finding resolution for DACA, Dreamers

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.

January 19, 2018

Appellate decision: Services rendered to clients located outside the city by an attorney working in the city are not taxable as in-city services

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.

January 19, 2018

Questions about dental records following the acquisition of a practice

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?

January 19, 2018

How does a federal government shut down affect immigration agencies?

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.

January 15, 2018

Honoring the legacy of Reverend Martin Luther King, Jr.

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.

January 12, 2018

What is Temporary Protected Status?

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.

December 19, 2017

Problems with Dependent Visa Issuance at U.S. Consulates

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 ...

December 14, 2017

Immigration Insider - Travel Restrictions, USCIS Ends Deference to Extensions of Nonimmigrant Status, Online Naturalization Application, New H-1B Filings (Winter 2017)

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.

December 10, 2017

HIPAA and the Opioid Crisis

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.

November 27, 2017

Video/audio recording of procedures (health care)

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?

November 13, 2017

Starting Your Start Up Right

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

November 2, 2017

Miroslava Orduño Rincón addresses document retention regarding employees' Form I-9

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.

November 2, 2017

Mark Knoth offers insight on "white collar" overtime exemption under Trump administration

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.

November 2, 2017

What is the Diversity Visa Lottery?

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.

October 25, 2017

USCIS Changes Existing Policy Regarding L-1B Extensions

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.

October 24, 2017

Detroit is in Kerr Russell's DNA: space redesign invokes Motor City's past, present, and future

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.

October 10, 2017

Mutual Suspension of Visa Issuance Between the United States and Turkey

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.

October 5, 2017

Supreme Court to Consider FLSA Exemption for Automobile Dealerships’ Service Advisors

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.

September 28, 2017

Michigan No-Fault: New Challenges for Physicians to Collect Payment

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.

September 28, 2017

The American Immigration Lawyers Association (AILA) is urging employers to express support of H-1B program

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.

September 28, 2017

Consider National Practitioner Data Bank Reporting Prior to Settling Licensing Complaints and Medical Staff Peer Review Actions

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?

September 19, 2017

USCIS Resumes Premium Processing for Selected H-1B Petitions

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.

September 18, 2017

Patrick Haddad quoted in Crain's Detroit Business “Medical Ownership Spurs New Battles"

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.

September 15, 2017

Immigration Insider - In-Person Interviews Expanded, Attorney Representation at Border, Denial of Advanced Parole, and DACA (Fall 2017)

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

September 5, 2017

David Den Dooven pens dbusiness piece on the importance of estate planning for startups

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.

August 31, 2017

U.S. Office of Management and Budget initiates review and immediate stay of the government’s pay data collection process

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.

August 29, 2017

Tax Court Invalidates Section 831(b) “Micro-Captive” Finding Alleged Premium Payments Non-Deductible

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.

August 22, 2017

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

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.

August 22, 2017

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

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

August 15, 2017

Mark Knoth quoted in Bloomberg Law: Bureau of National Affairs article “Should Employers Cover Pot to Battle Opioid Addiction?” by Sean Forbes

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.*

August 11, 2017

Patrick Haddad contributes "Can health care employers require employees to get influenza vaccine?" to Michigan State Medical Society Legal Alert

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

August 10, 2017

Out on the town with Kerr Russell: Inforum and ACG Detroit

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.

August 1, 2017

Daniel Schulte contributes "Direct Claims for Payment from No-Fault Insurers" to the Michigan State Medical Society's Michigan Medicine magazine

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.

August 1, 2017

Daniel Schulte contributes "Direct Claims for Payment from No-Fault Insurers" to the Michigan State Medical Society's Michigan Medicine magazine

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.

July 28, 2017

Catherine Edwards, Patrick Haddad, and Daniel Beyer discuss legal trends in healthcare technology with Oakland County Medical Society

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.

July 21, 2017

Patrick Haddad contributes "Disclosures of Protected Health Information to Health Plan Vendors" to the June/July Oakland County Medical Society Bulletin

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."

November 19, 2016

"Federal District Judge Halts Implementation of New Overtime Rule" by Mark Knoth

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.

November 10, 2016

Immigration Alert: Potential Impact of the Presidential Election

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

November 5, 2016

"Ready for New Overtime Regulations?" by Katherine Cser

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.

October 26, 2016

"White House Issues Call to Action on Non-Compete Agreements" by Katherine F. Cser

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.

October 24, 2016

"Federal Trade Commission Provides Antitrust Guidelines for Human Resource Professionals" by Katherine F. Cser

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.

October 22, 2016

Fred K. Herrmann Sworn in as SBM Representative Assembly Chair

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.

October 11, 2016

"Federal Trade Commission Provides Antitrust Guidelines for Human Resource Professionals" by Katherine F. Cser

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.

August 9, 2016

“Legal Update - "Second Circuit Pumps Brakes on General Motors and "Free and Clear" Asset Sales" – By Jason W. Bank, Chair of Kerr Russell’s Bankruptcy and Restructuring Practice.

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.

January 15, 2016

Joanne Geha Swanson authors "Behind the Scenes at the Michigan Court of Appeals"

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.

January 11, 2016

Robert E. Forrest authors "New Internal Revenue Code Provision Permits Revocation or Denial of Passport for Certain Taxpayers with Tax Debts"

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.

March 25, 2015

Mark Knoth writes article "Supreme Court Signals Pregnant Employee Accommodation May Be Required"

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.

February 11, 2015

James E. DeLine authors article in the February, 2015 OESA Legal Corner "Five Pitfalls to Avoid in Your Next NDA"

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.

November 20, 2014

John Gatti presents "Tax Implications of Exit Strategies for Corporations, Partnerships and LLCs" to the Michigan Association of CPA's Northern Macomb County

Click here to read full PDF.

August 15, 2014

Jason W. Bank authors article "The Detroit Bankruptcy: The Olympics of Restructuring"

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.

June 11, 2014

Jason W. Bank authors, "Navigating Financial Turbulence; Preserving Air Carrier Certificates in Chapter 11"

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.

December 29, 2013

Max Sneyd authors "Controlling Corporate Information on Personal Devices" for the Kerr Russell Intellectual Property Newsletter

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.

November 15, 2013

James R. Cambridge and Chaoyi Ding publish article in the Michigan Bar Journal highlighting the Detroit Chinese Business Association

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

October 12, 2013

Jason W. Bank authors "The Motor City Faces a Rocky Road in Chapter 9 Bankruptcy"

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.

October 11, 2013

Max Sneyd authors "Choosing a Name for Your Business, a Trademark Perspective" for the Kerr Russell IP Newsletter

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.

July 1, 2013

Fred Herrmann authors "It Must be a Duck: Honoring the Attorney Professional Negligence Statute of Limitations"

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).

May 21, 2013

Dan Beyer pens "A Trial Lawyer's Perspective on Presenting the Litigated Real Property Case" for the Real Property Law Section State Bar of Michigan

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.

April 11, 2013

Robert E. Forrest authors "Avoidance of Tax Malpractice"

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.

March 13, 2013

Max Sneyd authors "Is Your Business Protected from Cybersquatters?" for the Kerr Russell Intellectual Property Newsletter

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.

November 16, 2012

Jim DeLine authors "The ABC's of Incorporating Your T&C's Into Your Agreements"

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.

June 19, 2012

Meghan Kennedy Riordan authors "Independent Contractors or Employees?"

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

December 14, 2011

Kate McCarroll authors "I-9 Compliance in Corporate Mergers and Acquisitions"

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.

July 11, 2011

Jason Bank authors "Overview of Chapter 9 Bankruptcy"

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.

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