Publications

• Administering a Special Needs Trust

  March 22, 2020

  When a special needs trust is needed, careful consideration should be given so beneficiaries who also are receiving government benefits are not impacted by an inheritance. A special needs trust provides for the beneficiary’s discretionary needs in a manner that is intended to avoid disqualification from government benefit programs.  So, properly administering a special needs […]

• Workplace Issues Prompted By The COVID-19 Pandemic

  March 12, 2020

  The current coronavirus (COVID-19) outbreak has prompted extraordinary public and governmental response, and with it, many practical questions for employers.  We are not medical doctors, and there is an abundance of advice available on-line about common-sense measures employers and employees can and should take to reduce the chance of exposure.  We also know that the […]

• I Dissent! How to Exercise Dissenter’s Rights Under Michigan Law

  March 1, 2020

  A shareholder has the right to receive fair value for his or her shares in the event of certain corporate transactions, such as a merger or sale of assets, by exercising dissenter’s rights.  But in order to exercise your right to dissent and obtain that fair value, you must follow the specific requirements of Michigan […]

• Court of Appeals Expands Scope of Amendments of Affidavits of Merit

  February 20, 2020

  Recently, The Michigan Court of Appeals published a 2-1 opinion addressing whether filing an affidavit of merit (AOM) signed by a new expert in a different specialty constitutes an “amendment” under MCR 2.112(L)(2)(b) in a medical malpractice action.  Legion-London v Crawford (Docket No. 344838).  MCR 2.112(L)(2)(b) requires that “all challenges to an affidavit of merit […]

• Does Your FIFRA Cost-Share Agreement Avoid Risk?

  January 23, 2020

  Any agreement that does not fully contemplate relevant regulations has the potential to expose parties to risk and leave money on the table. This is especially true for cost-share agreements regarding pesticide data development. Scientific data supporting pesticide registrations is highly proprietary and expensive. Protecting registrants’ investments is paramount, especially when the data is collectively […]

• Starting the Year off Right

  January 22, 2020

  Welcome to a new decade! (Or is it?) The start of a new year always presents a good opportunity to reflect on the year that was. Looking back at 2019, the Rhoades McKee Commercial Litigation Group was privileged to represent a wide range of clients, each with their own unique legal issues and challenges. We […]

• The New Salary Requirements: Understand the Options and Liability

  October 21, 2019

  Tips for Employees to Avoid Disaster As we reported in September, the Department of Labor has issued final rules increasing the minimum annual salary level paid to over-time exempt administrative, executive and professional employees from $23,660 to $35,568. In terms of weekly pay, the increase is from $455 per week to $684 per week. This […]

• Court Enforces Shareholder Valuation Agreement

  October 18, 2019

  Shareholders who want to avoid protracted litigation over shareholder rights and valuation can specify a valuation protocol in their operative agreements – including a forced redemption on termination of employment of a shareholder for any reason – and the courts will enforce the resulting purchase price. In its October 1, 2019 decision in Niewiek v […]

• DOL Announces Rule Increasing Minimum Salary Level

  September 25, 2019

  On September 24, 2019, the U.S Department of Labor (DOL) announced its final rule updating the minimum salary level required to be paid to employees classified as executive, administrative or professional employees. The rule updates the salary level of $23,660 that had been in effect since 2004 to a new level of $35,568 per year […]

• Renew Your Michigan Hemp Registration or License

  August 21, 2019

  In Michigan, industrial hemp and products manufactured therefrom are regulated by the Michigan Department of Agriculture & Rural Development (“MDARD”). Earlier this year, MDARD issued licenses permitting the manufacture, processing, and sale of hemp-based products on a temporary basis as the Department developed the “state industrial hemp plan” (the “IHP Plan”) required by last year’s […]