News & Info

Have you or your business received a letter from the Business Software Alliance (“BSA”) claiming that your software licenses are out of order? Would you be prepared to respond to such a letter?

They listen to our stories and complaints when no one else is around. They encourage us to get up off the couch and be active when we are feeling lazy. They comfort us, provide a sense of security, and never judge us. But what happens to our beloved pet or companion animal when we are no longer able to look after them? Increasingly, people are turning to pet trusts to answer that question.

Business owners, including many manufacturers and vendors, often think twice prior to hiring counsel to review the standard contracts of their business. This hesitancy is understandable since legal fees can quickly accumulate and short run returns are not always immediately evident. However, a recent Michigan Court of Appeals case emphatically demonstrates why it is important for business owners to partner with a good lawyer to achieve objectives and identify risks in a manner that allows the business to maximize its long term earning potential while minimizing its risk exposure.

In a rare example of bipartisan effort to correct a problem created by the Affordable Care Act, Congress passed and President Obama signed the “21st Century Cures Act” (Public Law No. 114-255) into law in December 2016. Among other things, the law allows small employers with fewer than 50 full-time employees to create a new form of health reimbursement account (“HRA”) to help their employees pay for certain medical expenses. The new HRA can be used to reimburse employees for qualified out-of-pocket medical expenses and for non-group plan health insurance premiums, including plans purchased on public health care exchanges under the Affordable Care Act.

If your business offers products or services to residents of the European Union, you may be required to appoint a Data Protection Officer.

Most businesses take steps to implement and maintain reasonable security procedures and practices in order to protect information from unauthorized access, destruction, use, modification or disclosure. A good cybersecurity strategy should not only manage security threats—it should also proactively address how a business will respond to security breaches.

Spring is a common time for homeowners and businesses to engage in “spring cleaning,” tackling projects which acquire attention to better position the home or business for the long run. It often behooves a business to review its legal documentation every few years as part of its “spring cleaning.”

As an estate planning attorney, I often find that individuals who have recently been divorced are not aware of the importance of revising their estate plan. After a divorce, particularly one that is long and drawn out, the last thing a client wants to do is spend more in legal fees. However, failing to promptly attend to estate planning can be financially disastrous.

Like many in West Michigan, you may have felt the financial pinch of the recent housing crisis, where property values dropped significantly and it was increasingly difficult to qualify for financing. A bit of good news is that it is now easier for qualifying sellers to get back money they paid on their state transfer tax in recent years.

Sports gambling has been a popular topic for the past few months with Fan Duel and Draft Kings bombarding the market with a barrage of messages beginning with the commencement of the NFL and NCAA College football seasons. Remarkably, for a few weeks, the fantasy sports brands felt even more ubiquitous than the ever present soft drink and beer advertising which litters fall Saturdays and Sundays. More recently, messaging from Fan Duel and Draft Kings has come to a crashing halt as the entities have faced legal investigations and challenges across the country.

On June 23, 2017, the United States Supreme Court, in a five to three opinion, upheld, against a takings challenge, state and local regulations preventing the use or sale of adjacent lots under common ownership as separate building sites unless they have at least one acre of land suitable for development. The case, Murr et al. v. Wisconsin et al., dealt with two adjacent lots along the lower portion of the St. Croix River in the town of Troy, Wisconsin.

The Michigan Supreme Court recently issued two important decisions involving Intergovernmental Contracts for the Conditional Transfer of Property, which are commonly known as “Act 425 agreements.” The two cases are Clam Lake Township v Department of Licensing and Regulatory Affairs, and TeriDee, LLC v Haring Charter Township. Attorney Ronald M. Redick, of our firm’s Local Government Practice Group, successfully represented the townships in these lawsuits, and, as explained below, scored an important victory for all advocates of local control. To understand the significance of these decisions, it is helpful to first review what an Act 425 agreement does, the benefits such agreements provide, and how the State Boundary Commission has historically limited the effectiveness of such agreements.

A recent unpublished per curiam opinion of the Michigan Court of Appeals found that emails sent between members of a public body were in violation of the Open Meetings Act.

Previous editions of this Newsletter have discussed the proliferation of short-term rentals through social media companies like Airbnb, and the myriad of challenges the home-sharing phenomenon is causing for communities across Michigan. Many municipalities have taken steps to limit short-term rental activity through zoning regulations and general police power short-term rental ordinances. A recent Bill introduced in the Michigan House, however, seeks to strip local governments from being able to limit short-term rentals in their communities.

Uber, Lyft, and other ride sharing services continue to develop a more significant presence throughout the State of Michigan, providing convenient access to transportation opportunities in regions where transportation services were limited. However, ride sharing services have also provided headaches for local leaders, as they work to determine the most appropriate manner in which to regulate such services.

Thank to all those that attended our Michigan Townships Association Reception on Tuesday, April 11 at Troppo in Lansing.

In a previous edition of this publication, we highlighted the Michigan Court of Appeals 2016 Opinion in the case of Cramer v. Oakley, where the Court held that a public body’s duty to “grant” and “fulfill” a FOIA request were distinct concepts. Under that Opinion, municipalities were only required to respond to a FOIA request within the statutorily prescribed five (5) business days, but could “fulfill” the request (i.e., actually provide the records) at a later date as long as there was no inordinate delay. This is no longer the law! On April 5, 2017, the Supreme Court vacated the decision rendered by the Court of Appeals in Cramer v Oakley. The repercussions of the Supreme Court’s Order are that municipalities can no longer rely on the concept that granting and fulfilling a FOIA request are distinct or separate from one another.

Family law is not typically at the top of the list of issues concerning municipalities. Rarely—if ever—are divorce, custody, or child support mentioned when considering a text amendment to a zoning ordinance! Nevertheless, certain matters within the arena of family law might crop up within your municipality from time to time, particularly concerning current or former municipal employees who participate in a retirement or pension plan and may be going through a divorce.

The Michigan Townships Association 64th Annual Educational Conference will be held at the Lansing Center from April 10 through 13, 2017. The Conference features educational programs and workshops for township officials, appointed personnel and township employees.

Governor Snyder recently signed legislation to further shield municipalities from lawsuits filed by people who trip and fall on sidewalks. Enacted on January 4, 2017, Public Act 419 of 2016 (“Act 419”) specifies that in a civil action, a municipal corporation may assert any defense available under the common law with respect to a premises liability claim, including, but not limited to, a defense that the condition was “open and obvious.”

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.

Mark Nettleton was recently appointed to the Board of Directors for Arbor Circle.

On October 5, 2017, Corp! Magazine published “Corporations are discovering benefits of being a good citizen.”

On September 29, 2017, Brad Fowler was interviewed by Grand Rapids Business Journal regarding a recent Supreme Court ruling.

Elizabeth K. Bransdorfer was recently elected Treasurer of the Family Law Section of the State Bar of Michigan.

On September 29, 2017, Jennifer Puplava’s article “Do you really need a privacy policy for your business website?” was posted on the Grand Rapids Business Journal Law Blog.

On September 22, 2017, the Grand Rapids Legal News featured Benjamin Dilley and Jennifer Tello in its Duly Noted section.

Jennifer Puplava will speak at the Michigan Cyber Security Conference on Thursday, October 19 at 10:00 a.m.

On September 22, 2017, Brad Fowler was quoted in Grand Rapids Business Journal article “Emails trip up municipal officials.”

The cover page of September/October 2017 edition of The Grand Rapids Lawyer includes a picture of the 2017-2018 Grand Rapids Bar Association Board’s Officers and Trustees, and two of Mika Meyers attorneys are included in that photo.

In the September 2017 issue of Michigan Township Focus Magazine, Mark Nettleton’s and Jim White’s article “Funding capital improvements” was the cover story for the Michigan Townships Association’s magazine.