Publications

• Recent Legislation Improves Michigan Brownfield Program

  February 22, 2017

  The “traditional” sources of funds for the development of real estate include senior debt and equity.  However, certain development projects would never launch without the use of additional funding mechanisms in the form of state or federal financial incentives.  These projects include sites with historic contamination, deteriorated infrastructure, and/or inadequate or obsolete structures, referred to […]

• Form or Substance: Enhanced Practice for Physician’s Assistants?

  February 8, 2017

  (February 9, 2017) The Michigan Legislature in December amended an existing law governing the practice of medicine by physician’s assistants.  The new law, 2016 P.A. 379, takes effect March 22, 2017.  It is intended to give physician’s assistants (PAs) greater autonomy in day-to-day operations by allowing them to practice without daily supervision of a physician.  […]

• Michigan Legislature Abolishes Dower

  January 22, 2017

  Governor Rick Snyder signed legislation on January 6, 2017 abolishing a surviving wife’s dower right in her deceased husband’s property, making Michigan the final state to eliminate this law. However, some states still retain a form of dower, but in order to prevent discrimination on the basis of sex, they offer a reciprocal right to […]

• Do You Want to Place a Bet?

  January 18, 2017

  The Strategic Use of Offers of Judgment (January 19, 2017) We previously discussed ways to recover fees in litigation through contract or statutory provisions. But what if you don’t have a contract or statute allowing you to recover your fees from the other party? The Michigan Court Rules provide another avenue for a party to […]

• New Statute Precludes Plaintiffs in Medical Malpractice Actions from Recovering Windfall in Economic Damages

  January 17, 2017

  (January 18, 2017) Under certain contractual agreements between health insurers and medical providers, many medical providers agree to accept a reduced amount for medical services provided to the patient as payment in full.  The difference between the amount billed and the amount actually accepted as payment in full by the provider is commonly referred to […]

• New Healthcare Coverage Option for Small Employers

  December 9, 2016

  (December 9, 2016) The big news from Washington this week – aside from whatever latest Tweet has issued regarding the incoming administration – is the nearly unanimous bi-partisan passage of the 21st Century Cures Act.  The bill, which now goes to President Obama for his expected signature, is chock-full of significant provisions that will impact […]

• Department of Labor Refuses to Concede Overtime Battle

  December 2, 2016

  (December 2, 2016) We recently wrote about a Texas federal judge’s November 22, 2016 injunction preventing implementation of the Department of Labor’s new overtime rules that would have raised the minimum salary for overtime exempt employees from $23,660 annually to $47,476 annually. The ruling of the lower Court came just days before employers nationwide were […]

• Recent Ruling Reinforces the Importance of Understanding Contract Terms

  December 2, 2016

  (December 2, 2016) An opinion issued recently by the Michigan Court of Appeals highlights the need for business organizations to pay special attention to not only the language of contracting documents, but also to understand the meaning and consequences of any documents incorporated into those contracts “by reference.” In Naturipe Foods, LLC v Siegel Egg […]

• Federal Court Throws New Overtime Rules Into Limbo

  November 23, 2016

  (November 23, 2016) Businesses from coast to coast have spent the last several months analyzing and making plans to implement the Department of Labor’s new overtime rules which basically doubled the compensation floor for salaried employees and were to go into effect on December 1, 2016.  That all changed Tuesday, November 22nd, when U.S. Federal […]

• you ask, we answer.

  November 21, 2016

  Q: I know that the FLSA salary basis changes on December 1, 2016. So, as long as my salaried employees make at least $47,476 I am in compliance, right? A: Not necessarily. Earlier this year the U.S. Department of Labor issued new regulations which raised the salary basis requirement under the Fair Labor Standards Act […]