Publications

• Shareholder Oppression: Will You “Know It When You See It?”

  February 14, 2019

  A US Supreme Court Justice once famously stated that, while he might not be able to intelligently define what qualifies as obscene or pornographic, “I know it when I see it.”1 Many advisors and owners say the same thing about “shareholder oppression.”  They might not know the exact definition of “shareholder oppression,” but they claim […]

• Res Ipsa Loquitur Applies in Premises Liability Cases

  January 31, 2019

  In October of 2014, John Pugno, a Rhoades McKee client represented by Stephen Hulst, was injured when a stack of heavy cardboard fell on top of him while he was walking through Blue Harvest Farms’ facility.  Blue Harvest created the stack of cardboard that measured over 14 feet high and weighed over 1,000 pounds. Blue […]

• Let’s Taco ’bout Produce: Small and Very Small Farms Must Comply with the Produce Safety Rule

  January 28, 2019

  On January 28, 2019, the Produce Safety Rule took effect for two groups of producers: small (less than $5 million in produce sales based on a 3-year average) and very small farms (less than $250,000 in produce sales based on a 3-year average). Produce Safety Rule As a part of the Food Safety Modernization Act, […]

• Two Weeks Down, Fifty More to Go!

  January 16, 2019

  We are off and running in 2019! As we begin the third workweek of 2019 and gear up for the remainder of the year, our Commercial Litigation Team at Rhoades McKee wants to take a moment to say “THANK YOU” for referring and recommending our team to your clients and contacts. We truly appreciate the trust you place […]

• Spoiled Milk! A Crisis for Michigan Dairy Farmers

  December 13, 2018

  Why is There a Michigan Dairy Farm Crisis? With the U.S. dairy industry producing milk at a higher rate than consumer demand, the result is a worldwide surplus of milk. This surplus leaves dairy farmers in milk producing states like Michigan receiving less and less for their product. As a result of these low returns, […]

• Three Most Commonly Asked Questions on Cybersecurity and Privacy

  December 10, 2018

  What advice do you have to avoid cyberattacks? Many of our clients themselves provide cybersecurity services to other businesses. They often remind us that a little common sense goes a long way. We encourage our clients to not only have formal policies governing use of company IT resources, but also to have regular formal and […]

• Escalating Environmental Due Diligence Costs Ahead?

  November 15, 2018

  Escalating Environmental Due Diligence Costs Ahead? In 2019, we may see an increase in due diligence costs associated with many commercial real estate transactions in Michigan. There is proposed legislation to impose government fees on customary environmental due diligence reports, as described below. Pending before the Michigan legislature is a bill (Senate Bill 943) that […]

• Preparing Your Workplace for Legalized Marijuana

  November 15, 2018

  Seeing through the Smoke: Preparing Your Workplace for Legalized Marijuana On November 6, 2018, Michigan became the tenth state in the nation and the first state in the Midwest to legalize the use of recreational marijuana. This approval has left employers across the state questioning what this means for their workplace. The new law called […]

• Butter be Ready: The Preventive Controls for Human and Animal Food Rules Take Effect

  September 20, 2018

  As of September 17, 2018, food facilities of all sizes are required to be in full or partial compliance with the Preventive Controls for Human Food (PCHF) and Preventive Controls for Animal Food (PCAF) rules. The PCHF and PCAF rules are part of the Food Safety Modernization Act (FSMA). As such, the rules require food […]

• New Sales and Use Tax Standards

  August 7, 2018

  The Michigan Department of Treasury has just released the new sales and use tax standards for remote sellers. Prior to 2018, Michigan could not force sellers without a physical presence in the state to remit sales or use tax to the state. On June 21, 2018, the U.S. Supreme Court overturned this longstanding restriction and […]