News & Info

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.

On Friday evening, the Michigan Supreme Court issued an opinion in In Re Certified Question from the U.S. District Court, Western District of Michigan, holding that executive orders issued by Governor Whitmer after April 30, 2020 for purposes of addressing the COVID-19 pandemic were issued without valid legal authority.

As Michigan continues to reopen its economy, Executive Order 2020-114 (the “Order”) was issued to update safeguards to protect workers across the State.

The Paycheck Protection Program, a lending program created by the CARES Act for purposes of providing borrowers relief from the financial impacts of COVID-19, requires each borrower to make a good-faith certification that the uncertainty of current economic conditions makes the loan request necessary to support the ongoing operations of the borrower.

As a result of the pandemic, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency, have issued a number of statements encouraging banks to offer payment accommodations to Borrowers under existing loans, such as allowing borrowers to defer or skip payments or extend the payment due date. As a consequence, your lender may be more agreeable than you might otherwise expect towards deferring monthly installment payments on an existing loan.

On April 13, 2020, Governor Whitmer issued Executive Order 2020-46 which authorizes licensees holding a Class C, B-Hotel, G-1, Club, Continuing Care Retirement Center, Aircraft, Watercraft and Train license (collectively, “Licensees”) to request the Michigan Liquor Control Commission (the “MLCC”) to purchase all or part of the Licensee’s unopened liquor inventory (not beer and wine) which the Licensee purchased from an authorized distributor before March 16, 2020.

On March 23, 2020, Governor Whitmer issued Executive Order 2020-21, ordering all people in Michigan to stay home and stay safe. The Order limited gatherings and travel, and prohibited employees who were not deemed “critical infrastructure workers” or workers necessary to conduct “minimum basic operations” from leaving home to work.

On April 9, 2020, Governor Whitmer extended her “Stay Home, Stay Safe” mandate through April 30, 2020.

On October 16, 2020, Governor Gretchen Whitmer signed Senate Bill 1108 into law as part of a COVID-19 response plan approved by the Legislature this week following the Michigan Supreme Court’s recent ruling striking down the Governor’s Coronavirus-related executive orders. SB 1108 amends the Open Meetings Act (“OMA”) to permit and establish procedures for a public body to hold meetings electronically.

On Friday evening, the Michigan Supreme Court issued an opinion in In Re Certified Question from the U.S. District Court, Western District of Michigan, holding that executive orders issued by Governor Whitmer after April 30, 2020 for purposes of addressing the COVID-19 pandemic were issued without valid legal authority.

What is Riparian Land? The body of Michigan law governing riparian property rights applies, self-evidently, only to riparian land. Therefore, the threshold question is, what constitutes riparian land? Under Michigan law, “riparian land” is defined as a parcel of land which is bounded by, or includes therein, a natural watercourse.

At the November 2018 election, the Michigan voters approved Proposal 3, which had the effect of creating a constitutional right to vote by absentee ballot, without providing a reason. As a result of the broad language appearing in this constitutional amendment, there has been a degree confusion about how to implement some of the finer details of no-reason absentee voting. Some of these issues were resolved by the Michigan Court of Appeals in the recent case of League of Women Voters of Michigan v Secretary of State, which was published on July 14, 2020.

Zoning Boards of Appeals (“ZBAs”) interpret zoning ordinances and maps, hear appeals of administrative orders and decisions, and consider variances from strict application of a zoning ordinance. In January and February of 2020, three unpublished Michigan Court of Appeals opinions were issued which offer guidance to ZBA members as they undertake their statutory duties.

On May 28, 2020, the Michigan Tax Tribunal issued a long-awaited decision in the Menard v City of Escanaba case impacting property tax valuations for big box stores.

Last year, the Michigan Court of Appeals decided Reaume v Township of Spring Lake, a case concerning the application of the Township’s zoning ordinance to short-term rentals (“STRs”).� A key issue in the case was the interpretation of the definition of a “single family dwelling,” which in turn incorporated the definition of the term “family.”

On April 5, 2020, Governor Whitmer issued Executive Order 2020–38, extending deadlines for responses to Freedom of Information Act (“FOIA”) requests. The principal effects of EO 2020-38 were (a) to increase the time for the initial response to a FOIA request from five business days to 10 business days, and (b) to allow FOIA coordinators to extend the time for response by written notice for as long as “the public body deems necessary,” up to June 4, 2020.

On April 27, 2020, the Michigan Supreme Court issued its unanimous opinion in DeRuiter v Twp of Byron, holding that registered medical marijuana caregivers, operating under the Michigan Medical Marijuana Act (“MMMA”), are subject to municipal zoning ordinance provisions that regulate the location of such operations.

On April 20, 2020, a United States District Judge from the Eastern District of Michigan issued an Order (the “Order”) extending ballot petition filing deadlines and changing the rules regarding signatures for some candidates in Michigan.

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.

On October 5, 2020, Mike Huff was quoted in Crain’s Detroit Business publication regarding the Michigan Supreme Court ruling that the executive orders issued by the governor in response to the COVID-19 pandemic now lack basis under Michigan law.

Ron Redick recently prepared the following article: Riparian Property Rights: What Are They and How Can We Help You Protect Them. For those that would prefer a verbal explanation regarding riparian rights, Ron has also prepared a webex.

In the September 4, 2020 edition of the Grand Rapids Business Journal, Ron Redick explains how lake access can be tricky for those that live near lakes.

Jennifer Puplava participated in a zoominar with individuals from CQL, Rehmann and Herman Miller.

The firm is pleased to announce that two of its attorneys were named Lawyers of the Year by Best Lawyers in America.

The firm has 27 attorneys included in the 2021 edition of the Best Lawyers in America.

Elizabeth K. Bransdorfer was recently named a Fellow of the American Academy of Matrimonial Lawyers (AAML). Comprised of the top matrimonial attorneys throughout the nation, AAML members are recognized as preeminent family law practitioners with the highest levels of knowledge, skill, and integrity. In order to be elected, each Fellow must successfully complete a rigorous selection process that includes interviews, examinations, and professional and judicial evaluations.

The firm has supplied articles and alerts regarding COVID-19 since March 20, 2020, when the federal and state governments began to release orders and plans to deal with the many issues brought on by the COVID-19 epidemic.

In today’s world it is not if you have a breach, but when you have a breach.

Jennifer Puplava participated in a second podcast with Jim Carpp, Mark Spaak and Jessica Dore of Rehmann.