10 Minutes with Fraser Trebilcock

We all know that lawyers generally charge by the hour.  So to help our clients cut costs and to share a little of what our lawyers know, we decided to give you 10 minutes with one of our attorneys.

Gary C. Rogers is a litigation attorney with over 30 years-experience in advocating on behalf of clients.  He is a shareholder with Fraser Trebilcock and based out of our Lansing, Michigan office.

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Know and Heed the Terms of Your Commercial Lease!

In its recently published decision in the case of Majestic Golf, LLC v Lake Walden Country Club, Inc., ___ Mich App ___; ___ NW2d ___ (Court of Appeals Docket No. 300140, released July 10, 2012), the Michigan Court of Appeals has given fair warning that a clear and unambiguous lease provision allowing forfeiture of the leasehold and improvements for a tenant’s default, other than non-payment of rent, will be enforced as written without regard to the materiality of the breach.

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Foreclosure Abuse Victims May be Eligible to Receive up to $125,000 through the Independent Foreclosure Review Process

If you were involved in a foreclosure process between January 1, 2009 and December 31, 2010, you may be eligible to receive up to $125,000 through the Independent Foreclosure Review process (“IFR”).  The IFR was created by a number of federal agencies to provide borrowers with the opportunity to have their foreclosure process reviewed for errors or other problems that may have caused financial injury.  Borrowers may be eligible to receive relief under both the IFR and the $26 Billion settlement reached by the States with various financial institutions.  The deadline to apply for an independent review under the IFR is Sunday, September 30, 2012.

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Updated SBC Guidance

On April 13, 2012, we sent you memoranda on Form W-2 Reporting and the Summary of Benefits and Coverage (SBC) requirements.  Since that time, the government has issued new guidance in the form of Frequently Asked Questions (FAQs) on SBCs.  Please see below of summary of that guidance, as well as an updated SBC memorandum.  Also, if you did not receive our summary of the United States Supreme Court ruling upholding Health Care Reform (explaining upcoming obligations under that law) and would like that information, please advise.

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The Impact of the Supreme Court’s Decision on Health Care

“Mind the Gap: Supreme Court’s Affordable Care Act Decision Does Not Bridge the Gap of Potential Uninsured Patients for Hospitals and Health Systems”

Although the Supreme Court upheld the constitutionality of the individual mandate of the Affordable Care Act (“ACA”), the ruling does not bridge the gap of potential uninsured patients for hospitals and health systems.  Under the ACA, the individual mandate requires nearly all Americans to purchase and maintain health insurance.  However, if an individual does not maintain health insurance, the only consequence is that he or she must make an additional payment to the IRS when paying his or her taxes.  The failure to maintain insurance is not an unlawful act.

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