Five Stories That Matter in Michigan This Week – June 28, 2024

  1. Proposed Michigan Legislation to Attract Data Centers Gets Pushback from Environmental Groups

Proposed legislation to expand tax incentives aimed at attracting large data centers to Michigan is making its way through the Michigan legislature. The bills would create a new sales and use tax exemption for “enterprise data centers.”

Why it Matters: Data center development, driven by the immense computing needs of artificial intelligence, is exploding across the country, and these bills could make Michigan a more attractive option for such development. Environmental groups, however, are opposing the new legislation, arguing that the massive energy resources required by data centers would stand in the way of Michigan achieving its clean energy goals.

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  1. Criminal Defense and Professional Licensing Attorney

Helping clients for more than two decades, Robert J. Andretz is an experienced criminal defense and professional licensing attorney who has successfully represented clients in both state and federal courts in felony and misdemeanor cases in more than 50 counties across the state of Michigan.

Why it Matters: Robert Andretz is passionate about what he does, and, understanding the direct and collateral consequences that a criminal conviction or professional licensing sanction can bring, he compassionately works with his clients to focus on what matters most to them. Learn more and to contact Rob.

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  1. Fraser Trebilcock Attorney Obtains Full Dismissal for Firm Client

Fraser Trebilcock Shareholder and Real Estate Department Chair Jared A. Roberts obtained full dismissal of another Bureau of Professional Licensing complaint brought against a real estate brokerage and a salesperson.

Why it Matters: “The key to understanding and properly defending this case,” Jared advised, “was to perform a comprehensive review of all communications.” Once that was done “we were able to find party consent for an action that the Complainant and the Department were alleging was unauthorized.” As Michigan’s leading real estate broker defense attorney advises, carefully preserve all communications in your deal file – they may be instrumental in your defense. Learn more.

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  1. Michigan CRA Publishes May ’24 Data: Average Price Increases

Per data released by the Cannabis Regulatory Agency (CRA), the average retail price for adult-use sale of an ounce of cannabis in May was $88.15, an increase from $86.61 in April. This is a decrease from May 2023, where the average price was $90.64.

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices.

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  1. Election Year Considerations for Exempt Entities

As another election season approaches and the candidates and issues begin to come into focus, now is a good time to review the regulations that govern exempt organizations and their involvement in politics.

Why it Matters: This article focuses on the direct activities of certain exempt entities and not on the use and function of affiliate organizations, such as a Political Action Committees (PACs). Exempt entities may find it useful to establish a PAC for use in organizing and operating the political and lobbying activities supportive of the organization’s exempt purpose. Read more from attorney Bob Burgee.

Related Practice Groups and Professionals

Professional Licensing | Robert Andretz
Real Estate Law | Jared Roberts
Cannabis Law | Sean Gallagher
Business & Tax | Robert Burgee

Five Stories That Matter in Michigan This Week – June 21, 2024

  1. Michigan is Top Cannabis Market in Country by Sales Volume

The Detroit Free Press recently reported that Michigan surpassed California as the top cannabis market in the country by sales volume, despite having one quarter of California’s residents.

Why it Matters: The growth of Michigan’s cannabis market is significant over the last five years. However, despite having higher sales volume, the dollar volume of California’s sales is much higher ($5.1 billion in California vs. $3 billion in Michigan). Michigan’s market continues to be plagued by declining product prices and profitability.

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  1. Michigan Enacts Legislation Requiring Equal Insurance Coverage for Mental Health Treatment

Governor Whitmer recently signed into law legislation (Michigan Public Act 41 of 2024) requiring insurance providers in Michigan to provide coverage for mental health and substance abuse disorder treatment in a manner equivalent to medical coverage.

Why it Matters: This means that insurance providers cannot impose greater financial (e.g., co-pays, deductibles, or out-of-pocket maximums) or quantitative restrictions (e.g., limits on frequency of treatment, number of visits, days of coverage) on mental health and substance abuse disorder treatment coverage in their plans than they would for medical coverage.

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  1. Election Year Considerations for Exempt Entities

As another election season approaches and the candidates and issues begin to come into focus, now is a good time to review the regulations that govern exempt organizations and their involvement in politics.

Why it Matters: This article focuses on the direct activities of certain exempt entities and not on the use and function of affiliate organizations, such as a Political Action Committees (PACs). Exempt entities may find it useful to establish a PAC for use in organizing and operating the political and lobbying activities supportive of the organization’s exempt purpose. Read more from attorney Bob Burgee.

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  1. Fraser Trebilcock Attorney Obtains Full Dismissal for Firm Client

Fraser Trebilcock Shareholder and Real Estate Department Chair Jared A. Roberts obtained full dismissal of another Bureau of Professional Licensing complaint brought against a real estate brokerage and a salesperson.

Why it Matters: “The key to understanding and properly defending this case,” Jared advised, “was to perform a comprehensive review of all communications.” Once that was done “we were able to find party consent for an action that the Complainant and the Department were alleging was unauthorized.” As Michigan’s leading real estate broker defense attorney advises, carefully preserve all communications in your deal file – they may be instrumental in your defense. Learn more.

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  1. The Ins and Outs of Cottage Succession Planning in Michigan (Part Two)

A cottage plan is an agreement that describes how a cottage will be shared, managed and passed on to future generations of family members. Cottage plans typically cover a range of issues that can impede the succession of a cottage if left unaddressed.

Why it Matters: There are significant advantages to having a cottage plan that utilizes an LLC or trust structure. There is no single option that is best for all families, so it’s important to consult with an experienced cottage law attorney to determine what option is right for you. Learn more from your Fraser Trebilcock attorney.

Related Practice Groups and Professionals

Cannabis Law | Sean Gallagher
Business & Tax | Robert Burgee
Real Estate Law | Jared Roberts
Cottage Law | Mark Kellogg

Five Stories That Matter in Michigan This Week – June 14, 2024

  1. National Business Groups Sue Over New DOL Overtime Rules

On April 23, 2024, the U.S. Department of Labor (DOL) released its much-anticipated final rule related to federal overtime guidelines under the Fair Labor Standards Act (FLSA). Effective July 1, 2024, the minimum salary for exemption from overtime as an executive, administrative, or professional employee will increase from $684 per week ($35,568 annualized) to $844 per week ($43,888 annualized). On January 1, 2025, this threshold will further increase to $1,128 per week ($58,656 annualized). The rule also raises the minimum total annual compensation level for exemption as a “highly compensated employee” from $107,432 to $132,964 effective July 1, 2024, and to $151,164 effective January 1, 2025. These thresholds will continue to be adjusted every three years starting July 1, 2027. A group of national business associations recently sued to prevent the implementation of the DOL’s new rule.

Why it Matters: If the rule goes into effect as planned, it will have a substantial impact on businesses, requiring them to either raise salaries for certain employees or reclassify them as non-exempt and pay overtime wages. While the rule is being challenged, it’s uncertain whether this or any other lawsuits that may be brought will slow down or stop the rule’s implementation before the rule takes effect.

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  1. Election Year Considerations for Exempt Entities

As another election season approaches and the candidates and issues begin to come into focus, now is a good time to review the regulations that govern exempt organizations and their involvement in politics.

Why it Matters: This article focuses on the direct activities of certain exempt entities and not on the use and function of affiliate organizations, such as a Political Action Committees (PACs). Exempt entities may find it useful to establish a PAC for use in organizing and operating the political and lobbying activities supportive of the organization’s exempt purpose. Read more from attorney Bob Burgee.

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  1. Gain Peace of Mind Through Life’s Toughest Challenges

Family law involves deeply personal and often emotional issues – that can be as complicated as they are sensitive. A strong family law attorney understands the judicial processes and procedures, while also handling your case with care and compassion.

Why it Matters: Fraser Trebilcock attorney Paula C. Spicer has over a decade of experience assisting clients in family law matters. Paula compassionately and efficiently works with clients to help them understand their options and navigate the often challenging and emotional situations. Learn more how she may be able to assist.

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  1. Fraser Trebilcock Attorney Obtains Full Dismissal for Firm Client

Fraser Trebilcock Shareholder and Real Estate Department Chair Jared A. Roberts obtained full dismissal of another Bureau of Professional Licensing complaint brought against a real estate brokerage and a salesperson.

Why it Matters: “The key to understanding and properly defending this case,” Jared advised, “was to perform a comprehensive review of all communications.” Once that was done “we were able to find party consent for an action that the Complainant and the Department were alleging was unauthorized.” As Michigan’s leading real estate broker defense attorney advises, carefully preserve all communications in your deal file – they may be instrumental in your defense. Learn more.

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  1. The Ins and Outs of Cottage Succession Planning in Michigan (Part One)

When purchasing a cottage, it’s often the intent of the owner to pass the cottage on to future generations to enjoy. Unfortunately, that vision may not become a reality due to challenges such as high property taxes, differing objectives among heirs and resulting family disputes that result in the cottage being sold upon the owner’s death.

Why it Matters: Common issues that prevent the passing of a cottage to future generations in Michigan can be addressed through careful cottage succession planning. Learn more from your Fraser Trebilcock attorney.

Related Practice Groups and Professionals

Labor, Employment & Civil Rights | David Houston
Business & Tax | Robert Burgee
Family Law | Paula Spicer
Real Estate Law | Jared Roberts
Cottage Law | Mark Kellogg