News & Info

The Michigan Occupational Safety and Health Administration (“MIOSHA”) Emergency Rules requiring specific worker protections due to the COVID-19 pandemic have been extended for another six (6) months.

The American Rescue Plan Act of 2021 (“ARPA”), signed into law on March 11, 2021, made several key changes to the Consolidated Omnibus Budget Reconciliation Act (“COBRA”).

On March 11, 2021, the American Rescue Plan Act (“ARPA”) was signed into law. �ARPA has made various alterations to the Families First Coronavirus Response Act (“FFCRA”) which take effect as soon as April 1.

Governor Whitmer signed a bipartisan bill today to provide relief to small businesses and individuals suffering from the impacts of COVID-19.

In 2018, Congress doubled the lifetime estate and gift tax exemption from five million dollars per person (with annual cost of living increases) to ten million dollars per person. The exemption covers taxable gifts made during lifetime (those beyond the $15,000 per person annual exclusion) and then applies to cover your estate upon your death from estate tax. This doubling of the exemption is set to expire or “sunset” on December 31, 2025.

IRS guidance issued regarding the deductibility of expenses which were paid with PPP loan proceeds has left taxpayers disappointed as the IRS has taken the position that such expenses cannot be deducted for purposes of federal taxes as long as the taxpayer expects to receive forgiveness of the PPP loan.

While the United States Congress continues to debate if it will pass additional COVID relief legislation before the conclusion of 2020, many provisions of the legislation passed earlier this year, the CARES Act, expire at the end of 2020.

There are many articles and more than a few attorneys who are touting the need to do an asset protection trust to protect your assets from claims of creditors or others.

When was the last time your company updated your operating agreement, bylaws, or other governing document? If it was before 2018, then it may be time for a quick tune-up if your organization is taxed as a partnership.

Numerous businesses throughout the United States have taken advantage of the Paycheck Protection Program (“PPP”) to support their ongoing operations during the COVID-19 pandemic. PPP potentially has significant implications for businesses considering a merger, or a sale or acquisition of ownership interest or business assets.

A recent Michigan Court of Appeals decision issued on�March 18, 2021 held that “persons have a reasonable expectation of privacy in their property against drone surveillance.”

Prior to the pandemic, the Open Meetings Act (“OMA”) had been interpreted by the Courts and Attorney General to allow remote electronic participation by members of the public body, as long as those members could hear and be heard at the meeting.

The American Rescue Plan Act of 2021 (“ARP”) allocated significant funding to local units of government.

As a result of the voters’ approval of the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”) in 2018 (commonly known as the recreational marijuana law), the marijuana business is booming in Michigan.

2020 was a rough year for many local businesses, and municipal governments may be looking for ways to make 2021 a bit more enjoyable and prosperous for their constituents.

There have been two new developments in the last week affecting the ability of local governments to continue meeting virtually into 2021.

Beginning on February 12, 2021, civil infraction and misdemeanor citation forms issued by municipalities will be required to contain certain language that was not previously included on standard citation forms.

Last month, the Michigan Supreme Court ruled that the Governor lacks authority to extend states of emergency in relation to the COVID-19 pandemic.

During the last week of September, and over the strong opposition of MTA and others, SB 431, a bill to eliminate oversight from local governments over mining operations in their communities, was referred favorably out of the Committee on Transportation and Infrastructure to the Senate as a whole.

The Michigan Department of Health and Human Services (MDHHS) issued a new emergency order to combat the spread of Coronavirus (the “Emergency Order”).

In 1994, Michigan’s voters approved “Proposal A.” A key feature of Proposal A limited annual increases in property tax assessments to the lesser of 5%, or the rate of inflation, until a property is transferred. The calculated tax assessment is called the “taxable value.” The local assessor still keeps track of the “state equalized value,” (“SEV”) which is theoretically one-half of the property’s market value. When the property is transferred, the taxable value is automatically increased to the SEV– usually referred to as “uncapping.”

Michigan is finally administering a procedure for “Medicaid recovery” of financial support paid under the Medicaid system. Medicaid is a needs-based program to provide long-term nursing care (among other purposes). To qualify for Medicaid, a single person must have $2,000 or less of “countable” assets. Among the few assets which are not “countable” is the person’s homestead with up to $500,000 in equity (adjusted for inflation). In addition, term life insurance policies without a cash value are not countable assets.

The use of “Lady Bird Deeds” has become common in Michigan is a way to pass property upon death. The name comes from the mechanism that President Lyndon Johnson used to pass property to his wife, “Lady Bird” Johnson on his death. Some lawyers call these “enhanced life estate” deeds.

Elizabeth Bransdorfer recently co-authored the book “Handling a Divorce Case in Michigan.”

Elizabeth K. Bransdorfer was recently selected to serve as a trustee of the Grand Rapids Bar Association Board and the Justice Foundation of West Michigan.

The firm recently moved its Caledonia office to 9090 S. Rodgers Court, Suite D.

Ron Redick recently created a webex to entitled “OMA and FOIA in a Digital Age.”

During this webex, Ron describes some issues to consider when holding a closed session under the Open Meetings Act.

Ron Redick explains during this webex some of the basic information a person will need to know when serving on a planning commission for the first time..

Attorney Benjamin A. Zainea, a member of the firm, was selected as a member of the Michigan Lawyers Weekly 2021 “Go to Lawyers.”

Paralegal, Susan S. Linker, has joined the firm.

Jennifer Puplava provides tips on how to avoid data privacy mistakes in her article "Common Data Privacy Mistakes (and How to Avoid Them)."

Jennifer Puplava provides some helpful steps to safeguard your data in her recent article "Celebrate Data Privacy Day 2021 By Taking Your First Steps Toward Protecting your Privacy."