Newsletters & Publications

With an election year comes questions on municipal election matters. This month, we answer a few commonly asked questions about municipal elections, qualifications for office, events that disqualify one from running for office, and receipt of donations.

In a recent opinion, the Michigan Court of Appeals issued a key decision regarding foreclosing by advertisement while concurrently suing guarantors.

Michigan small businesses with 500 employees or less can apply for reimbursement of up to $25,000 of export costs pursuant to an initiative called the Michigan State Trade and Export Promotion (STEP) Grant Program.

Michigan companies are required to file annual reports with the Michigan Department of Licensing and Regulatory Affairs.

On April 5, 2012, President Obama signed into law the "Jump Start Our Business Startups Act", commonly known as the JOBS Act. This Act has five key parts intended to improve access to capital for small businesses. Here is a brief description of each part.

The Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") modified the definition of "accredited investor" to establish an exemption from registration under Regulation D.

In a recent complaint filed in Minnesota against Accretive Health, a business associate was implicated for breach of the Health Insurance Portability and Accountability Act.

One costly problem for Medicaid and Medicare is the inordinate amount of money spent on individuals who are dually eligible for both Medicare and Medicaid. Michigan introduced its solution to this problem in the form of its proposal to "Integrate Care for People Who Are Medicare - Medicaid Eligible ("MMEs")".

In re-credentialing and granting staff privileges to a surgeon with a history of 17 medical malpractice suits, a hospital, through its credentialing committee, could not be found to have proximately caused a patient’s claimed injuries.

Back in September 2, 2011 the DOL published a Notice of Proposed Rulemaking to revise child labor regulations in agriculture. Now the DOL has decided not to go forward with the hotly contested regulations.

The Michigan Legislature has moved forward on a new bill that would pre-empt local zoning when it comes to handling request to co-locate wireless telecommunications equipment on an existing tower.

The appellate court rejected the NLRB’s argument that the rule should take effect during the pendency of the court’s review, noting the NLRB had previously postponed the effective date of the rule because of pending litigation.

The Michigan Liquor Control Commission has recently issued an official notice about the "local approval" part of the liquor license application process.

On February 17, 2012, Congress passed the "Middle Class Tax Relief and Job Creation Act of 2012."  Though most of the attention given the Act highlights its extension of unemployment benefits and tax cuts, the Act also impacts municipalities.

A flurry of House and Senate hearings beginning in October and ending in November led to the first major overhaul of the Workers' Compensation Act in 42 years.

The USDA designated 45 Michigan Counties as natural disaster areas for certain time periods in 2011. This designation makes qualified farm operators eligible for low interest emergency loans from USDA's Farm Service Agency.

On February 16, 2012, USDA's Animal and Plant Health Inspection Service announced that it was improving its Phytosanitary Certificate and Issuance Tracking System.

On March 5, 2012, Governor Rick Snyder announced the appointments to the Michigan Dairy Market Program Committee. This Committee develops and controls the dairy producer marketing program. This program promotes Michigan's $5.9 billion (annually) dairy industry.

More often than not these days, farmers are filing Chapter 11 or Chapter 12 bankruptcy cases. Generally Chapter 11 and 12 bankruptcies are reorganizational, which means the debtor (farmer) will file a plan and pay back creditors.

On February 28, 2012, the House passed HB 5335, an amendment that will change an over 25 year old Open Meetings Act interpretation by the Michigan Court of Appeals about telephone participation at public meetings.

In February, 2012, Gov. Rick Snyder signed into law legislation that allows Michigan cities, townships, and villages to prosecute "super drunk drivers"—drivers whose blood alcohol levels exceed .17. Generally, local ordinances may not impose penalties beyond 93 days in jail or a $500 fine.

Given recent rulemaking activity, most private sector employers will be required to post a new notice advising employees of their rights under the National Labor Relations Act.

In Michigan, it is generally common knowledge that contractors may file a construction lien to secure payment for their labor or material costs provided on a project. This article examines whether a contractor’s construction lien will have priority over interests, such as a mortgage, that a bank or another entity has recorded prior to the construction lien. 

How should a medical provider handle a situation where a minor's parent is unavailable to consent to treatment?  Several "best practices" in dealing with this situation are covered in this article.

The Patient Protection and Affordable Care Act requires employers to report the aggregate cost of "applicable employer-sponsored health coverage" on each employee's Form W-2 beginning with the 2012 tax year. The Internal Revenue Service has released new guidance regarding this reporting requirement.

Michigan Medical Marijuana case of People v Koon involves the intersection of the Michigan Medical Marijuana Act and laws against driving with marijuana in one's system.

On February 1, 2012, the U.S. Senate Committee on Agriculture, Nutrition and Forestry announced the schedule of several hearings for the Farm Bill.

You may find yourself in a situation where you need to sue someone, or someone has sued you, and you are unsure what happens next. This article provides a general overview of different litigation stages to help with basic understanding of what happens in a lawsuit.

The Michigan Department of Agriculture and Rural Development is accepting applications for the Michigan Agriculture Exporter of the Year Award.

Every provision of an oil and gas lease is negotiable, including the royalty to be paid to the landowner in the event of a successful well. If, however, we are successful in negotiating for a one-sixth royalty (which is the same royalty required on all leases with the State of Michigan) what difference would this small change make to a typical landowner?

Last fall's Department of Labor (DOL) publication of a Notice of Proposed Rulemaking affecting child labor regulations in agriculture grabbed nearly everyone's attention in the agriculture sector. On February 1, 2012, the DOL reacted to the public response by announcing that the DOL will re-propose the portion of its regulation interpreting the "parental exemption" in summer 2012.

On January 9, 2012, the USDA announced a "Blueprint for Stronger Service" aimed at streamlining the USDA. According to the news release, the USDA will close 259 domestic offices, facilities and labs across the country.

Many municipalities in Michigan have recently received requests from their cable operators to start formal cable franchise renewal procedures under the Federal Cable Act, 47 USC § 521 et seq. Although federal law sets renewal procedures that provide for extensive local review of franchise agreements, Michigan law prohibits such local review.

Governor Snyder recently signed into law several new laws, 2011 PA 258 to 263, that aim to remove confusion some felt existed in the current inter-governmental agreement laws and streamline how municipalities can work together to share services. They are designed to give municipal officials improved options when deciding how to spend their limited resources and in collaborating to provide desired services.

A summary of Foster Swift's events in 2011

Verizon Wireless sued the Town of Irondequoit (New York) in federal court in Buffalo over alleged inaction and unreasonable delays in deciding a wireless facilities application.

The Michigan legislature was active in 2011, passing or amending several laws that will impact public sector labor relations.

The Patient Protection and Affordable Care Act requires that the aggregate cost of "applicable employer-sponsored health coverage" be reported on an employee's Form W-2 beginning with the 2012 tax year.

Cities and villages have the power to legislate—that is, to make laws. Cities and villages exercise their legislative power by adopting or amending ordinances.

Selling property by land contract is often a viable option where conventional financing is not available. However, there can be risks associated with a land contract that are completely unrelated to the financial considerations. 

The use of hydraulic fracturing in oil and gas exploration has recently generated significant public debate.

The last few years have witnessed significant increases in workforce audits and raids by U.S. Immigration and Customs Enforcement ("ICE") at all levels. Therefore, while proper I-9 compliance has always been important, it has never been more essential.

No one enters into a contract expecting it to go sour, but sometimes they do. While it is not possible at the time of contracting to anticipate and avoid every potential risk, strategies exist to help minimize exposure and avoid costs down the road.

The current national focus on developing alternative sources of energy has resulted in a dramatic increase in efforts to obtain leases and/or easements for the development of wind farms.

Most oil and gas leases proposed by oil companies provide for long primary terms and options that can double the primary term of a lease. The primary term is the initial period during which a well may be drilled.

The Michigan Supreme Court held in an opinion that the door of an automobile is not "equipment permanently mounted on the vehicle" for purposes of MCL 500.3106(1)(b) and clarified the meaning of "alighting" for MCL 500.3106(1)(c).

Documenting employee discipline is as important from a litigation defense perspective, as is counseling the employee in the first place to try to correct or improve job performance.

In response to political controversy surrounding the proposed new rules, a bill has been introduced in Congress (H.R. 3094) that would set minimum time periods for NLRB representation hearings and a 35-day minimum interval before balloting that are inconsistent with the board’s rulemaking proposal.

Companies that maintain ESOPs are legally required to provide enough cash to the ESOP to meet the distribution and diversification requirements of the ESOP (referred to as "Repurchase Obligation").

The IRS recently issued guidance that addresses the tax-free treatment of employer-provided cell phones.

All qualified retirement plans that are categorized as "Cycle A" plans must be restated and submitted to the IRS for approval on or before January 31, 2012.

For plan years prior to January 1, 2009, qualified retirement plans were required to attach Schedule SSA to Form 5500 to report information relating to terminated employees who had deferred vested benefits payable from the plan.

The Internal Revenue Service (IRS) and the Department of Labor (DOL) recently signed a memorandum of understanding, agreeing that they will share information and coordinate law enforcement to end the practice of misclassifying employees as independent contractors.

In most instances absent an agreement with its secured creditors, the debtor will petition the court for permission to use cash collateral at the same time it files for bankruptcy.

On September 14, 2011, USDA APHIS announced that it would amend the boundaries of the bovine tuberculosis risk classification zones for Michigan.

On September 2, 2011, the Department of Labor (DOL) published a Notice of Proposed Rulemaking to revise child labor regulations in agriculture.

On October 14, 2011, leaders of the Senate and House Agriculture Committees sent a letter to the Joint Select Committee on Deficit Reduction (better known as the "Supercommittee") recommending a $23 billion cut to mandatory spending within the committees’ jurisdiction. 

There have been recent developments on SB 34 – and it’s good news for municipalities. But watch out for SB 618.

The U.S. Court of Appeals for the Sixth Circuit has ruled that Medicare is not limited to the portion of a settlement or verdict designated as for medical losses when seeking reimbursement under the Medicare Secondary Payer Act.

The Michigan Court of Appeals once again affirmed that an action may not be maintained under the common work area doctrine when the alleged danger does not expose a significant number of workers to a high degree of risk.

A recent decision by the Michigan Court of Appeals provides caution for contractors, subcontractors, laborers or suppliers seeking to file claims of lien on site condominium developments.

The Michigan Court of Appeals has provided guidance for use in calculating the amount to be paid for family-provided attendant care services in a No Fault case.

On October 20, 2011, the IRS issued a new Fact Sheet that provided additional information for exempt organizations on how their participation in the MSSP through an ACO would be treated by the IRS.

On November 10, 2011, the USDA announced that the Calhoun Conservation District was one of the 10 recipients of the USDA’s People’s Garden Grant Program.

EPA Administrator Lisa Jackson - "Based on my consideration of the scientific record, analysis provided by EPA scientists, and advice from the Clean Air Science Advisory Council, I am prepared to propose the retention--with no revision--of the current PM10 standard and form when it is sent to OMB for interagency review."

The U.S. Department of Agriculture Natural Resources Conservation Service prepared a study showing that farmers using combinations of erosion-control and nutrient-management practices on cultivated cropland are reducing the movement of sediment, nitrogen, and phosphorus from farm fields to the Great Lakes.

Michigan State University Extension is seeking applications for the 2012 "Breakfast on the Farm" program.

The U.S. Department of Agriculture announced the grant recipients for fiscal year 2011 for the Farmers Market Promotion Program.

Green Meadow Farms, Inc. and Scenic View Dairy, LLC in Michigan both received funding for anaerobic digesters from the USDA’s Bioenergy Program for Advanced Biofuels Program.

Effective December 1, 2011, the Federal Rules of Bankruptcy Procedure (FRBP) that govern filing a proof of claim will change dramatically.

On October 11, 2011, the U.S. Department of Agriculture Animal and Plant Health Inspection Service produced a draft Environmental Impact Statement considering alternatives in response to Monsanto/KWS SAAT AG request for a determination of non-regulated status of its event H7-1 sugar beets.

The U.S. District Court for the Eastern District of Michigan granted summary judgment against a no-fault insurer's defense that it needed the taxpayer identification number of the attendant care provider in order to have "reasonable proof" under MCL 500.5142(2).