Author Info for Kerr Russell

Robert Anderson

Registration and Fingerprinting Requirements for Foreign Nationals

Beginning April 11, 2025, the U.S. Citizenship and Immigration Service will enforce provisions requiring all non-U.S. citizens over age 14 register and be fingerprinted if they are in the U.S. for at least 30 days and have not…more

Compliance, Criminal Prosecution, Enforcement Actions, Foreign Nationals, Immigration Procedures

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Cody Attisha

Tax Tips for 2022

All businesses, whether large or small, should frequently evaluate strategies for minimizing their overall tax burden. Here are a few tips that businesses may consider implementing to achieve such tax savings. Originally…more

Business Taxes, C-Corporation, Double Taxation, For-Profit Corporations, Legal Entity Identifiers

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Jason Bank

April Fools’ Day Brings Relief to Small Businesses and Individuals Filing Bankruptcy

The U.S. Bankruptcy Code will be implementing inflation adjustments in its eligibility and exemption limits by 13.2% across various provisions. The official adjustments have been published in the Federal Register, marking the…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Chapter 13, Creditors

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William Blasses

Is Your Supply Contract Built for Disruption? A Framework for Resilience

What once seemed like temporary disruptions have become a persistent reality, challenging financial forecasts and threatening operational stability. Meticulous planning can be undone overnight by a single supplier’s inability to…more

American Arbitration Association, Arbitration, Business Litigation, Commercial Contracts, Contract Drafting

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Kevin Block

Michigan Employers Required to Provide Paid Sick Time Beginning February 21, 2025

Effective February 21, 2025, all Michigan employers will be required to provide employees with paid sick time under the Earned Sick Time Act (ESTA). The ESTA replaces the current rules under the Michigan Paid Medical Leave Act…more

Compliance, Department of Labor (DOL), Earned Sick and Safe Time Act, Employee Benefits, Employee Rights

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Richard Buslepp

FinCEN Strikes Beneficial Ownership Reporting Requirements for U.S. Companies and Persons

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule (the “Interim Rule(goes to new website)”) that significantly alters beneficial ownership information (BOI) reporting obligations…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Filing Deadlines, FinCEN

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Michael Carroll

Michigan’s Prompt Payment Act

Like they warned us on Schoolhouse Rock, it is no easy feat for a bill to become enacted into law. Just ask the proposed “Prompt Pay” legislation that currently languishes in Michigan. By way of background, “Prompt Pay”…more

Construction Contracts, Construction Industry, Contract Disputes, Contract Terms, General Contractors

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James DeLine

Countdown to Tariffs: Are your contracts ready?

President-elect Donald Trump has threatened to impose sweeping tariffs on imported goods immediately upon taking office on January 20, 2025. Those tariffs could have an immediate impact on the U.S. supply chain for goods, as…more

Compliance, Contract Terms, Export Controls, Force Majeure Clause, Imports

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Alex Dombrow

Prohibition on Non-Compete Clauses Applies to Equity-Based and Compensation-Based Agreements

In April, the Federal Trade Commission released its final rule banning most non-compete clauses between companies and their employees and independent contractors. Unless the rule is enjoined by a court, it will take effect…more

Employment Contract, Executive Compensation, Federal Trade Commission (FTC), Final Rules, Independent Contractors

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David Den Dooven

Act Now or Wait? What the New $15M Estate Tax Exemption Means for You

On July 4, 2025, President Trump signed the “One Big Beautiful Bill” into law (2025 Act), which made permanent a number of important tax provisions that were set to expire on January 1, 2026. From an estate planning standpoint,…more

Beneficiaries, Estate Planning, Estate Tax, Gift Tax, New Legislation

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Daniel Ferris

Moving Past Lights and Sirens: Considerations at the Outset of a Corporate Investigation

The exigent circumstances that are often present at the outset of a corporate investigation may not lend themselves to calm contemplation, yet it is especially important that attorneys give thoughtful consideration to the unique…more

Attorney-Client Privilege, Client Services, Compliance, Corporate Governance, Depositions

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John Gatti

The Significance Of Purchase Price Allocation

Section 1060 and its associated regulations require that buyers and sellers use the “residual” method to allocate the purchase price, which includes not only the cash consideration paid but also assumed liabilities. Pursuant to…more

Buyers, Competition, Fair Market Value, Goodwill, Internal Revenue Code (IRC)

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Shavonne Gilkey

U.S. Treasury Will Not Enforce Current BOI Reporting Deadlines Under Corporate Transparency Act

On March 2, 2025, the U.S. Department of Treasury announced that it will not enforce any penalties or fines associated with beneficial ownership information reports (BOI Reports) under the Corporate Transparency Act (CTA)…more

Beneficial Owner, Business Entities, Compliance, Corporate Transparency Act, Filing Deadlines

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Patrick Haddad

The Corporate Transparency’s Act’s Impact on Medical Practices: Understanding Physicians’ Obligations Amid Recent Judicial and Legislative Developments

Medical practices across the United States are grappling with new compliance obligations under the Corporate Transparency Act (CTA). This article addresses the CTA’s applicability to medical practices, its current legal status,…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Governance, Corporate Transparency Act

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Olivia Hankinson

Understanding ESTA: Key Provisions For Employers

On February 21, 2025, the Michigan Legislature passed, and Governor Whitmer subsequently signed into law, an amendment to the Earned Sick Time Act (ESTA). The new law significantly modifies administrative and financial…more

Department of Labor (DOL), Earned Sick Time, Employee Benefits, Employee Rights, Employment Policies

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Fred Herrmann

FTC Ban on Non-competes Will Expand Trade Secrets Litigation

The final rule is the anticipated result of years of workshops on the topic, and follows the FTC’s January 19, 2023 proposed rule and 90-day public comment period. Enactment of a federal ban is not surprising, given that many…more

CEOs, Federal Trade Commission (FTC), Misappropriation, Non-Compete Agreements, Sensitive Business Information

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Rachel Hanson-Hervey

Should You Respond to a Notice of Intent to File a Medical Malpractice Action?

In Michigan, a claimant must provide each allegedly negligent healthcare professional or facility with advance notice of the suit before commencing a medical malpractice action. The “notice of intent” must describe what…more

Breach of Duty, Health Care Providers, Healthcare Facilities, Medical Malpractice, Notice of Intent

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Lisa Hysni

Commercial Lease Terminations in Michigan

Aside from the contractually agreed upon early termination clauses (whether fault-based or based upon economics, business needs or other factors) and a landlord’s statutory remedy of terminating a lease due to non-payment of…more

Breach of Contract, Commercial Leases, Commercial Tenants, Constructive Discharge, Covenant of Quiet Enjoyment

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Paul Indyk

Hospitals May Face Increased Liability Under Michigan Supreme Court Decision

In the recent case of Markel v. William Beaumont Hospital, 982 N.W.2d 151 (2022), the Michigan Supreme Court changed the analysis for claims alleging that a hospital is vicariously liable for a non-employee’s alleged negligence…more

Agents, Emergency Rooms, Health Care Providers, Hospitals, Liability

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Jacquelyn Klima

The Value Of An Appeal

Of course, each case must be analyzed based on its own facts, the strength of the legal positions, the amount of money at issue, and any long-term ramifications of the result. In addition, there are limited grounds for relief…more

Appeals, Appellate Courts, Attorney's Fees, De Novo Standard of Review, Triable Issue of Fact

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Mark Knoth

Understanding ESTA: Key Provisions For Employers

On February 21, 2025, the Michigan Legislature passed, and Governor Whitmer subsequently signed into law, an amendment to the Earned Sick Time Act (ESTA). The new law significantly modifies administrative and financial…more

Department of Labor (DOL), Earned Sick Time, Employee Benefits, Employee Rights, Employment Policies

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Danielle Kus

Subchapter V Debt Limit Set to Expire in June 2024: What This Means for Small Businesses

The Small Business Reorganization Act (SBRA), enacted in 2020, codified Subchapter V of Chapter 11 of the U.S. Bankruptcy Code. Subchapter V was enacted to provide a more efficient and affordable process for small businesses…more

American Bankruptcy Institute, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Debtors

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Eric Lark

FinCEN Strikes Beneficial Ownership Reporting Requirements for U.S. Companies and Persons

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule (the “Interim Rule(goes to new website)”) that significantly alters beneficial ownership information (BOI) reporting obligations…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Filing Deadlines, FinCEN

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Kenneth Lombardo

Preparing Your Business for Sale

The sale process can be a long, stressful, physically and emotionally draining, and disruptive to ongoing business operations. Planning well in advance of the desired sale date and engaging experienced professional advisors will…more

Books & Records, Business Taxes, Business Valuations, Buyers, Due Diligence

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Danielle Love

April Fools’ Day Brings Relief to Small Businesses and Individuals Filing Bankruptcy

The U.S. Bankruptcy Code will be implementing inflation adjustments in its eligibility and exemption limits by 13.2% across various provisions. The official adjustments have been published in the Federal Register, marking the…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Chapter 13, Creditors

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Paul Mallon, Jr.

“Materially Altered”: Michigan Court of Appeals Rules That Forum Selection Clause Added to Invoice Can’t be Enforced

You’re spending your day off on Luna Pier beach in Monroe County, Michigan. You’ll swim in the morning, get lunch at Gander’s Family Restaurant, and rent jet skis in the afternoon. That morning, however, you wake up and decide…more

Appeals, Appellate Courts, Breach of Contract, Breach of Warranty, Business Litigation

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Kate McCarroll

Naturalization: Becoming a U.S. Citizen

In the last decade, more than 7.9 million people from around the world have become U.S. citizens through the naturalization process. The top five countries of birth for these new citizens were Mexico, India, the Philippines, the…more

California, Citizenship, Florida, Green Cards, Immigrants

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Kevin McQuillan

Five Tips for Preparing to Testify at a Deposition

Preparing for a deposition can be challenging whether it is a person’s first or hundredth time testifying under oath. Being questioned frequently causes anxiety. But the experience does not have to be so daunting with…more

Attorney-Client Privilege, Depositions, Discovery, Evidence, Expert Testimony

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Abram Miller

AI In The Workplace: Helpful Or Harmful?

Most of us use artificial intelligence (AI) every single day without even thinking about it. We open our phones with face ID, we ask Alexa to set an alarm, we scroll through our social media algorithms, we rely on spellcheck to…more

Algorithms, Artificial Intelligence, Bias, Civil Rights Act, Confidential Information

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Amanda Phillips (Pierzynski)

FinCEN Strikes Beneficial Ownership Reporting Requirements for U.S. Companies and Persons

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule (the “Interim Rule(goes to new website)”) that significantly alters beneficial ownership information (BOI) reporting obligations…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Filing Deadlines, FinCEN

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Matthew Powell

Michigan AG Alleges Anticompetitive Agreement Between Pharmacy Benefit Managers

Michigan Attorney General Dana Nessel sued Express Scripts Inc. and Prime Therapeutics LLC, two pharmacy benefit managers (PBMs), in the U.S. District Court for the Eastern District of Michigan on Monday, April 28, 2025…more

Antitrust Litigation, Antitrust Violations, Competition, Drug Pricing, Enforcement Actions

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Miroslava Orduño Rincón

Registration Requirements for Canadians

As of April 11, 2025, the U.S. Citizenship and Immigration Service will enforce provisions requiring that all non-U.S. citizens over age 14 register with the Service if they remain in the U.S. for at least 30 days, unless they…more

Exemptions, Filing Requirements, Foreign Nationals, Immigration Procedures, New Regulations

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Daniel Schulte

May I Use Patient Information to Respond to Internet Criticism?

Question: It was recently brought to my attention that a patient posted on the internet false and misleading information regarding treatment I provided to her. The posting also contains false and defamatory descriptions of me…more

Advertising, Defamation, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Misleading Statements

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Michael Sneyd

Tariffs and Contract Performance: Can Tariffs be a Force Majeure Event?

Following the previous imposition of significant tariffs on imports from Canada and Mexico, President Donald J. Trump announced on April 2, 2025 additional tariffs of varying amounts covering virtually all goods imported into…more

Breach of Contract, Contract Disputes, Contract Terms, Force Majeure Clause, Imports

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Mark Stasa

New Law Extends Paid Leave Tax Credits, Other Relief

The Consolidated Appropriations Act of 2021 (the Act) was signed into law on December 27, 2020. Among its many extenders, the Act provides employers the option to continue paid leave through March 31, 2021 and receive a tax…more

Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, EFMLA, EPSLA, Families First Coronavirus Response Act (FFCRA)

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Lauri Stewart

New Rule Puts Hospitals At Greater Risk Of Liability

On December 7, 2022, the Michigan Supreme Court decided Markel v Beaumont Hospital, 982 NW2d 151 (2022). In a 4-3 decision, the court offered a novel interpretation of Grewe which, in the words of dissenting Justice David…more

Agents, Emergency Rooms, Health Care Providers, Hospitals, Liability

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Richard Stokan

Changes To Open And Obvious Doctrine Impacts Premises Liability Law

In Hoffner v Lanctoe, 492 Mich 450, 460-461; 821 NW2d 88 (2012), the Michigan Supreme Court explained that a “possessor of land owes no duty to protect or warn of dangers that are open and obvious because such dangers, by their…more

Duty to Maintain, Duty to Warn, Liability, MI Supreme Court, Premises Liability

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Kathleen Westfall

New Michigan Legislation Aims to Unravel Medical Liability Reform

Over the past 30 years, the Michigan legislature has enacted several tort reform laws affecting medical malpractice, wrongful death and other personal injury cases. The goals of these reform laws, and particularly those…more

Damages, Health Care Providers, Healthcare, Medical Malpractice, Non-Economic Damages

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Skyler Wickert

Is It Really Illegal for Me to Repair My Own Machines?

In many cases, the answer is yes, but following a recently-adopted exemption to the Digital Millennium Copyright Act (DMCA), owners of certain retail-level machines are no longer forced to hire OEM-certified technicians to…more

Compliance, Copyright, Copyright Infringement, DMCA, Intellectual Property Protection

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Kerr Russell

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