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 […]

Healthcare’s Small Business Tax Credit: Is your Small Business Eligible? The Patient Protection and Affordable Care Act includes a tax credit for small businesses that choose to offer healthcare to their employees. The tax credit has been available since 2010 and helps to offset the cost for companies providing the benefit.  Small business owners that provide healthcare should take advantage of the credit, if possible, while those that are considering […]

Healthcare in the United States is changing rapidly, but the details, thus far, have been murky at best.  The passage of the Patient Protection and Affordable Care Act, as well as the subsequent United States Supreme Court ruling in National Federation of Independent Business v. Sebelius have created more than their fair share of confusion.  The Act itself is 2,409 pages, not including the additional 55 pages of the Healthcare […]

Sterling Heights Attorneys  Obtain Dismissals of Employment Lawsuits Sterling Heights attorneys Timothy Ferrand and Jason Thomas recently obtained dismissal of two employment lawsuits filed in Federal Court. The first lawsuit was filed by a female police officer who was disciplined as a result of work rule violations.  Those violations included leaving a run without permission, engaging in an off-duty bar fight and getting into an off-duty automobile accident.  The officer […]

Owning a small business and living in the land of “entrepreneurial bliss” can prove rewarding, yet challenging. I have counseled many small business owners and advise them of three areas of their business that need constant attention: insurance, accounting and marketing. These areas should not be delegated to an employee or independent professional without the owner’s consistent oversight. Being educated, informed and pro-active in these areas can protect the owner, […]

Jeff Clark, a partner in our Livonia office, was recently selected as a 2013 Top Rated Lawyer in Land Use and Zoning by American Lawyer Media and Martindale-Hubbell. According to Martindale-Hubbell, “attorneys recognized as ‘Top Rated Lawyers’ have achieved significant leadership status and are highly regarded by their peers for both their legal ability and high ethical standards.” Mr. Clark concentrates his practice on municipal law, land use and zoning, […]

This is a follow-up to the “2012 Tax Planning for Fiscal Cliff” article published in CMDA’s On Law newsletter (December 2012) and on our website. On January 1, 2013 Congress passed the American Tax Relief Act extending many of the individual and business tax breaks reviewed in the article. As a supplement to the Article, below is a list of some of the significant tax changes. Individual Income Taxes Federal […]

Congratulations to Tim Ferrand, a partner in our Clinton Township office, who has been selected as a 2013 Top Rated Lawyer in Labor & Employment by American Lawyer Media and Martindale-Hubbell. Furthermore, Mr. Ferrand has achieved the AV Preeminent® peer review rating, which is the highest rating in legal ability and ethical standards. Mr. Ferrand is a senior trial attorney specializing in municipal liability defense. He has counseled and defended […]

Issue: An employee has provided a Return to Work Authorization Form from their physician following approved leave pursuant to the Family and Medical Leave Act (FMLA).  FMLA requires the employee to return to their original position. Question: Can the employer require the employee to take additional medical and/or work functionality tests before reinstating the employee to their original position? as a condition of restoring employees whose need for leave under the […]

2012 Tax Planning for Fiscal Cliff Now that the election is over, our federal government has to address the “Fiscal Cliff” created by the Budget Control Act of 2011.  The Fiscal Cliff involves several tax increases, the expiration of the Bush Era tax cuts, along with cuts in government spending. Unless the Senate and the House come to a resolution, there are several tax provisions that will expire or be […]