Newsletters & Publications

Generally, when a physician terminates a relationship with a patient, he or she must be careful to avoid patient abandonment and discriminatory termination claims.

Now, the attainment of these goals is to be the primary focus of so-called state sponsored "Exchanges" administered by a state government agency or non-profit organization.

The MDEQ lacks the power to require a township to install a sanitary sewer system where there is widespread failure of private septic systems resulting in contamination of lake waters.

In published national rankings for 2009, Foster Swift ranked 40th in the "Top 100 Bond Counsel: Short Term Issues"

In the much-anticipated decision in Regents of the University of Michigan v Titan Insurance Company, the Michigan Supreme Court overturned Liptow v State Farm and Cameron v ACIA...

A new land-grab is occurring on the World Wide Web.

For employers interested in hiring a foreign worker for a "specialty occupation", an H-1B Employment Visa is an option with a number of very attractive features...

Companies should exercise considerable care before transferring potentially hazardous materials, such as paints, solvents, chemical agents and empty storage drums, to third parties.

U.S. exporters may be able to reduce their U.S. effective tax rate by establishing an IC-DISC.

In a 4-3 decision handed down on July 31, 2010, the Michigan Supreme Court has held that "Kreiner v Fischer, was wrongly decided because it departed from the plain language of MCL 500.3135, and is therefore overruled."

The new health care reform law, the Patient Protection and Affordable Care Act, makes numerous changes to the tax law, including creating new taxes and credits, increasing other taxes, making insured health benefits taxable to the extent that they are discriminatory, modifying certain deductions, and changing the tax rules that apply to health savings accounts and spending arrangements.

As you likely know, Michigan's new texting ban went into effect July 1, 2010. The new law prohibits...

The Patient Protection Portability Care Act requires the distribution of certain notices describing changes that take effect for plan years beginning on or after September 23, 2010.

In a recent decision, the Michigan Supreme Court held that the federal HIPAA medical privacy law does not prohibit ex parte interviews of treating physicians by defense counsel as long as reasonable efforts have been made to secure a qualified protective order.

PPACA provides that certain group health plans and health insurance coverage in existence on March 23, 2010 are subject to only certain provisions of the PPACA.

In a 4-3 decision handed down on July 8, 2010, the Michigan Supreme Court has ruled that the Commissioner of Insurance does not have the authority to promulgate rules that ban the use of credit reports to establish discounted premiums for automobile and homeowner's insurance policies.

In recent months, bankruptcy filings have increased dramatically. Though some economic indicators show improvement, data suggests more bankruptcy filings will occur in 2010 than in 2009.

Public employee unions have existed in Michigan since the 1930s, but beginning in 1947, were prohibited from striking upon passage of the Hutchinson Act, which imposed serious penalties on strikers.

The Patient Protection and Affordable Care Act, as amended, ushers in a new, much larger dimension of meaning for terms such as "Compliance", "Compliance Plan", "Compliance Program", and the like.

The Affordable Care Act provides that certain group health plans and health insurance coverage existing as of March 23, 2010, are subject only to certain provisions of the Affordable Care Act.

As you may know, Michigan’s new texting ban went into effect July 1, 2010.

A pending bill in the Michigan Legislature may offer some relief to municipalities with outstanding bonds payable from special assessments that have not been paid.

Family-owned companies make up eighty-nine percent of all business and employ sixty percent of all U.S. employees.

A zoning ordinance that merely lists uses eligible for a special use permit (SUP) generally does not comply with Michigan zoning laws.

On June 22, 2010, the Michigan Court of Appeals unanimously affirming the trial court's decision that the MCCA is not required to indemnify a No Fault insurer for PIP benefits paid over the statutory threshold.

Michigan’s smoking ban became effective on May 1, 2010...this new law will impact municipalities directly.

In 2006, Henry Ford Hospital provided medical services to Travion Hamilton for severe injuries that he sustained when a stolen Jeep Cherokee in which he was a passenger struck a utility pole.

A very small section of the Patient Protection and Affordable Care Act (PPACA) makes some major changes in Form W-2 reporting which will impact employers in the near future.

HHS recently issued its first guidance on the topic of drafting a "Risk Analysis."

Effective May 11, 2010, the U.S. Citizenship and Immigration Services (USCIS) began issuing a new, redesigned Permanent Resident Card, commonly known as the "Green Card."

Bankruptcies involving individuals and companies are up in 2010. Though some economic indicators show improvement, data suggests more private bankruptcy filings will occur in 2010 than in 2009.

Pursuant to EPA federal regulations, beginning on April 22, 2010 individuals and contractors performing renovations, repairs, or painting activities in homes, child-occupied facilities, and schools built before 1978 must be certified and follow specific work practices to prevent lead-based paint contamination.

Early retirees are individuals age 55 and older who are enrolled in a certified employment-based plan, and not eligible for coverage under Medicare.

On April 26, 2010, our Sixth Circuit issued a decision in the case of Alonso v Huron Valley Ambulance, Incorporated.

Section 1558 of PPACA amends the Fair Labor Standards Act by prohibiting discrimination against an employee who...

The recently enacted healthcare reform act signed into law by President Obama on March 23 amends the Fair Labor Standards Act to require employers to provide "reasonable" breaks for nursing mothers to express milk for their infants for one year from the child’s birth.

Do you need a written Handbook policy about GINA? How does GINA affect your wellness program?

The IRS has just announced that during the week of May 17, 2010, a letter was sent by its Employee Plans Compliance Unit (EPCU) to 1,200 sponsors of 401(k) plans. 

Build America Bonds (BABs) are taxable municipal bonds, authorized under the American Recovery and Reinvestment Act (ARRA) on February 17, 2009.

In Robinson v City of Lansing, __ NW2d __ (2010), the Michigan Supreme Court examined the issue of whether MCL 691.1402a(2)...applies to sidewalks adjacent to state highways or only to sidewalks adjacent to county highways.

In Briggs Tax Serv, LLC v Detroit Public Sch, __ NW2d __; __ Mich __ (2010), the Michigan Supreme Court examined the meaning of MCL 211.53a.

The Patient Protection and Affordable Care Act as amended ("PPACA") made several changes to cafeteria plans. Some of the most significant changes are summarized below.

While much of the discussion concerning the Health Care Reform Act has addressed private health insurance reforms, there have been significant changes to the Medicare and Medicaid statutes concerning fraud and abuse.

Section 6003 of the health care reform act amends the in-office ancillary service exception under Stark.

On March 30, 2010 the Michigan Court of Appeals clarified the relationship between Notices of Intent and the allegations later allowed in a complaint and eventually presented to a jury.

In U.S. ex rel. Radcliffe v. Purdue Pharma, the Fourth Circuit for the U.S. Court of Appeals enforced a release barring a qui tam action where the government had declined intervention.

If you were wondering whether the COBRA subsidy obligation expired on March 31, 2010, Congress has rather belatedly decided that it hasn't.

The Worker, Homeownership, and Business Assistance Act of 2009 allows businesses that had a net operating loss in 2008 or 2009 to use those losses to recoup taxes paid in the prior five years.

Effective May 1, 2010, smoking will be banned in all public places, including places of employment.

If your company is considering a merger, acquisition or internal corporate restructuring, it is important that intellectual property contracts (such as software licenses) be carefully reviewed to determine if the merger may have an effect on the surviving company’s ability to use the software or other intellectual property.

The recently enacted Hiring Incentives to Restore Employment (HIRE) Act may benefit your business with tax savings.

On March 30, 2010 the Michigan Court of Appeals held that a medical malpractice Notice of Intent ("NOI"), which is mandated by statute as a means to encourage pre-litigation settlement, need not be as detailed and specific as the allegations in the complaint.

Since 1969, hospitals have been able to claim an exemption from federal income taxes under § 501(c)(3) of the Internal Revenue Code ("Code") based upon meeting the "community benefit" standard articulated by Revenue Ruling 69-545.

In a published opinion issued March 16, 2010, the Michigan Court of Appeals held that an injured person cannot be denied work loss benefits based on an employer's failure to provide a sworn statement of the injured person's earnings, nor does the injured person's failure to file tax returns preclude work loss benefits.

The Michigan Court of Appeals approved for publication its per curiam January 26, 2010 decision in Doe v Citizens Insurance Company of America, et al (Court of Appeals No. 288776).

The court held that the statute mandated that the required language must appear on both the declarations page and the certificate of insurance.

Congress recently approved an additional extension of the COBRA subsidy eligibility period for certain involuntarily terminated employees.