Immigration: The Effect of Slyusar v. Holder on the “Incredible” REAL ID Act

What was the exact date of your first hair cut?  If you cannot remember and you are an asylum applicant, you may have just earned yourself a deportation order back to the country you were fleeing.  Under the REAL ID Act of 2005 (Act), Immigration Judges (IJ) have an “incredible” amount of power and latitude when making credibility determinations.  With the implementation of the Act, any inconsistency in an applicant’s story is reason […]

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Contributing to a Roth IRA through a Backdoor Option

Many high income earners believe they cannot contribute to a Roth IRA because of the income limitations imposed by the Internal Revenue Service (IRS).  There is a backdoor route high income earners can take, however, to accomplish the same thing as opening a Roth IRA directly. For 2014, the income and contribution limits for a Roth IRA are as follows: Filing Status ModifiedAdjusted Gross Income ContributionLimit Married, Filing Jointly ˂ $181,000 Up to […]

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Crowdfunding Bill Intended to Assist Entrepreneurs and Small Businesses

On December 30, 2013, Governor Snyder signed into law Public Act 264, Michigan Invests Locally Exemption (MILE), which permits crowdfunding for small business. It is an intrastate exemption from the State of Michigan and Federal securities laws, whereby Michigan residents can invest in Michigan businesses. Crowdfunding refers to funding a company by selling a small amount of equity to a large number of investors. Michigan is one of the first […]

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Creativity, 3D Printing and the Law

The marketplace for handmade and unique items is expanding thanks to websites like Etsy, eBay, and Pinterest.  These sites allow crafty entrepreneurs to reach a large network of consumers at a very low cost.  The use of 3D printers is becoming increasingly popular and has the potential to expand the marketplace for handmade and unique items even further.  Previously only available to large-scale producers, 3D printers are becoming more economical and provide artists […]

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E-3 Visas: An Alternative to the H-1B Lottery

Both the H-1B visa and the E-3 visa allow U.S. businesses to employ foreign workers in specialty occupations, however the differences between the two are important for employers to understand. The United States Citizenship and Immigration Services (USCIS) place a cap on available H-1B visas at 65,000.  Within five days from the start of the filing period, USCIS received 124,000 petitions.  A lottery determined which petitions were selected, subject to few exemptions.  With […]

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Succession Planning: Now is the Time to Develop a Plan

As the economy progresses through an economic cycle and continues to improve, business owners are seeing the value of their business recover.  Now is a good time for business owners to develop a plan for their company’s future, even if retirement is not on the horizon. A succession plan is a long-term process put in place by the business owner that identifies who the business will be transferred to upon the […]

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Account Stated and Open Account Actions Involving Sale of Goods Subject to Michigan’s Six-Year Limitations Period

Whether you are a landlord, a small business owner or an individual undoubtedly you will find yourself in a position in which someone owes you or your business money. Collections can be difficult to pursue on your own, especially when the debtor is resistant to paying his or her debt. Attorneys are often contacted for assistance with collecting debts. Various legal theories can be used when filing a lawsuit, such […]

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Account Stated and Open Account Actions Involving Sale of Goods Subject to Michigan’s Six-Year Limitations Period

Whether you are a landlord, a small business owner or an individual undoubtedly you will find yourself in a position in which someone owes you or your business money.  Collections can be difficult to pursue on your own, especially when the debtor is resistant to paying his or her debt.  Attorneys are often contacted for assistance with collecting debts.  Various legal theories can be used when filing a lawsuit, such as breach of contract, […]

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Employee or Independent Contractor? UIA Adopts 20-Factor Test

Hiring workers can involve liability for homeowners and businesses alike, even if the workers hired are only part-time or temporary.  An employer should be careful when deciding to classify a worker as an employee versus an independent contractor.  The Internal Revenue Service (IRS) imposes severe penalties upon businesses and homeowners if a worker is misclassified as an independent contractor, rather than an employee. Effective January 1, 2013, Michigan’s Unemployment Insurance Agency (UIA) […]

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Michigan Court of Appeals Upholds Non-Recourse Mortgage Loan Act

In what has been called a big victory for borrowers of commercial loans, the Michigan Court of Appeals has upheld the Michigan legislature’s recent passage of the Non-Recourse Mortgage Loan Act (NMLA). In the case of Wells Fargo Bank v Cherryland Mall Ltd Ptnsp, the Court addressed the issue of whether developer David Schostak is personally liable for a guarantee on an original $8.7 million non-recourse loan obtained for the purpose of renovations […]

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