Publications

• Healthcare Workers and First Responders Eligible for Workers’ Compensation for COVID-19 Exposure

  April 15, 2020

  Michigan has taken steps to mitigate the financial risks that healthcare workers and first responders face by continuing to serve the rest of us.  Under this revised Emergency Rule, issued on March 30 by the Department of Labor and Economic Opportunity, “first response employees” diagnosed with COVID-19 by test or by a physician are presumptively eligible […]

• Environmental Due Diligence During the COVID-19 Pandemic

  April 10, 2020

  There are a number of challenges with conducting environmental due diligence for commercial real estate transactions during the COVID-19 pandemic. Government restrictions including shelter-in-place orders and social distancing guidelines present obstacles for completing key requirements of a Phase I Environmental Site Assessment (“Phase I ESA”), Phase II sampling, a baseline environmental assessment (“BEA”) and due […]

• Executive Order Provides Immunity to Health Care Providers During COVID-19

  April 10, 2020

  A measure of relief has been afforded to health care providers on the frontlines of the battle in the COVID-19 pandemic.  On March 29, 2020 the Governor issued Executive Order 2020-30 (“EO-30”) containing a number of provisions designed to support and enhance the ability of health care providers to respond to the COVID-19 pandemic.  One […]

• Executive Order Permits Remote Notarization for Real Estate Transactions

  April 9, 2020

  Under Executive Order NO. 2020-41, Governor Whitmer permits a remote notarization to minimize interaction and facilitate working remotely during Stay Home, Stay Safe.  Real Estate transactions are required by law to comply with rules and procedures that includes requiring a notary to be physically present.  Under this Executive Order, the requirement that a notary must […]

• Court of Appeals Holds That Radiology Technician is Not Capable of Committing Malpractice

  April 8, 2020

  Whether a claim sounds in ordinary negligence or medical malpractice can have a significant impact on the viability of a plaintiff’s claim and the scope of damages available in the action. For a claim to sound in malpractice, the defendant must be an individual or entity capable of committing professional negligence as defined in MCL […]

• IRS People First Initiative Temporarily Adjusts Tax Compliance Programs

  April 6, 2020

  The Internal Revenue Service announced The People First Initiative (IRS Notice 2020-59) which seeks to provide relief on a variety of issues ranging from easing payment guidelines to postponing compliance actions as a response to financial hardships caused by COVID-19. The temporary changes include postponing certain payments related to Installment Agreements and Offers in Compromise, […]

• Critical Estate Planning Documents During COVID-19

  April 6, 2020

  Estate Planning Remains Important and Possible During COVID-19 As you take accurate precautions to mitigate COVID-19 to protect not only yourself but also your family, there are critical estate planning documents that will assist you and your family to navigate health and family issues should you become ill, quarantined, or hospitalized. These documents can be […]

• DOL Issues Temporary Rule to Provide Further Guidance on Families First Coronavirus Response Act

  April 3, 2020

  The DOL has issued a temporary rule providing further guidance on the Families First Coronavirus Response Act (“FFCRA”). While the temporary rule is not yet final and its terms may change, it expands and clarifies prior guidance regarding implementation of and compliance with FFCRA. Must an employer compensate an employee teleworking for all time between […]

• The Impact of COVID-19 on Real Estate Transactions

  April 2, 2020

  While businesses close and the economy slows due to COVID-19, questions about obligations in real estate transactions and real property agreements continue to grow. Many parties may find themselves unable to meet their obligations because of the restrictions imposed by Executive Order 2020-21. Numerous companies and service providers supporting a real estate transaction are finding […]

• How Will COVID-19 Impact My Contracts?

  March 31, 2020

  As individuals and businesses seek to comply with the restrictive measures set in place to contain COVID-19, an organization’s ability to perform its contractual obligations may become difficult or impossible placing significant burdens on contracting parties. While this particular pandemic is unique, contract law has long acknowledged that unforeseen circumstances may arise after a contract […]