Category: Labor, Employment & Civil Rights

Five Stories That Matter in Michigan This Week – January 10, 2025

  1. Michigan Minimum Wage Increase Reminder

On January 1, 2025, Michigan’s minimum wage increased from $10.33 to $10.56. On February 21, 2025, it will increase to $12.48. The minimum wage will continue to increase annually and reach $14.97 on February 21, 2028.

Why it Matters: Michigan employers will need to review and adjust their payroll systems, wage scales, and budgets to ensure compliance while considering potential compression issues with existing pay rates for more experienced workers.

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  1. Michigan House Committee Advances Proposed FOIA Bills

The Michigan House Government Operations Committee recently advanced bills to the House floor that would, among other things, subject the legislature, governor, lieutenant governor and their executive offices the state’s Freedom of Information Act requirements.

Why it Matters: Only Michigan and Massachusetts currently have these types of exemptions in their FOIA laws. While the House Government Operations Committee’s actions keep the bills alive, it’s uncertain whether they will become law.

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  1. 13 Fraser Trebilcock Attorneys Honored by Leading Lawyers for 2025

Thirteen Fraser Trebilcock attorneys have been selected for inclusion in the list of Michigan’s ​Leading Lawyers for 2025, a distinction earned by fewer than five percent of all lawyers licensed to practice law in Michigan.

Why it Matters: Those selected include: H. Kirby Albright, Commercial Litigation; Land Use, Zoning & Condemnation Law; Real Estate Law: Commercial; Michael S. Ashton, Energy Law; Governmental, Municipal, Lobbying & Administrative Law; Public Utilities Law: Gas/Water/Electric; Douglas J. Austin, Land Use, Zoning & Condemnation Law; Real Estate Law: Commercial; Real Estate Law: Finance; Michael E. Cavanaugh, Commercial Litigation; Employment Law: Management; Governmental, Municipal, Lobbying & Administrative Law; Labor Law: Management; Michael P. Donnelly, Commercial Litigation; Jennifer Utter Heston, Energy Law; Governmental, Municipal, Lobbying & Administrative Law; Public Utilities Law: Gas/Water/Electric; David J. Houston, Employment Law: Management; Mark E. Kellogg, Closely & Privately Held Business Law; Tax Law: Individual; Trust, Will & Estate Planning Law; Thaddeus E. Morgan, Commercial Litigation, Construction Law; Melisa M.W. Mysliwiec, Elder Law; Michael H. Perry, Environmental Law; Gary C. Rogers, Bankruptcy & Workout Law: Commercial; Creditor’s Rights/Commercial Collections Law; Marlaine C. Teahan, Trust, Will & Estate Planning Law. Read more.

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  1. IRS Announces 2025 Standard Mileage Rates

The IRS announced the 2025 standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes. Beginning on January 1, 2025, the rate for business use is 70 cents per mile, an increase of 3 cents from 2024. However, the mileage rates for vehicles used for other purposes will remain unchanged from 2024.

Why it Matters: Self-employed individuals who operate an automobile for business use, as well as employers who reimburse employees who use their own vehicles to conduct business, should take note of these changes.

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  1. FinCEN Petitions Supreme Court to Intervene

After a week and a half of yo-yoing federal court decisions affecting the implementation of the Corporate Transparency Act’s requirement for businesses and other entities to file Beneficial Owner Information Reports, the government has now petitioned the United States Supreme Court to weigh in.

Why it Matters: For now, the reporting requirement is once again “voluntary” per FinCEN’s guidance, but business owners and others are advised to pay close attention, as a decision by the Supreme Court could come swiftly. And if the injunction is lifted, any extension of the filing deadline is expected to be relatively short in light of the government’s arguments in the Application for a Stay and given the fact that FinCEN’s prior extension provided less than two additional weeks, moving the deadline from January 1, 2025, to January 13, 2025. Read more.

Related Practice Groups and Professionals 

Labor, Employment & Civil Rights | David Houston
Business & Tax | Robert D. Burgee

Five Stories That Matter in Michigan This Week – January 3, 2025

  1. FinCEN Petitions Supreme Court to Intervene

After a week and a half of yo-yoing federal court decisions affecting the implementation of the Corporate Transparency Act’s requirement for businesses and other entities to file Beneficial Owner Information Reports, the government has now petitioned the United States Supreme Court to weigh in.

Why it Matters: For now, the reporting requirement is once again “voluntary” per FinCEN’s guidance, but business owners and others are advised to pay close attention, as a decision by the Supreme Court could come swiftly. And if the injunction is lifted, any extension of the filing deadline is expected to be relatively short in light of the government’s arguments in the Application for a Stay and given the fact that FinCEN’s prior extension provided less than two additional weeks, moving the deadline from January 1, 2025, to January 13, 2025. Read more.

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  1. Court Blocks DOL’s FLSA Salary Threshold Increases Nationwide

A federal district court in Texas recently struck down the Department of Labor’s planned increases to minimum salary requirements for overtime-exempt employees under the FLSA. The ruling invalidates both the July 2024 increase to $43,888 annually and the planned January 2025 increase to $58,656, reverting the federal threshold back to $35,568 per year for employers nationwide.

Why it Matters: The ruling means the lower $35,568 annual salary threshold for determining overtime exemptions for white-collar workers under federal law is again applicable (at least for the time-being). However, employers should continue to monitor potential appeals or new federal rulemaking on this issue.

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  1. Michigan Cannabis Exceeds $276 Million in November ‘24

Cannabis sales surpassed $276 million in November, via the monthly report from the Michigan Cannabis Regulatory Agency. Michigan adult-use sales came in at $275,478,600.16, while medical sales came in at $884,669.59, totaling $276,363,269.75.

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. Michigan to Offer New R&D Tax Credit in 2025

Michigan has approved legislation creating a state income tax credit for qualifying research and development expenses conducted within the state. The credit, established through House Bills 5100 and 5101, will be available to both corporations and pass-through entities beginning January 1, 2025, with qualifying expenses defined according to federal tax standards.

Why it Matters: This new tax incentive provides Michigan businesses with an additional financial benefit for conducting in-state research and development activities, potentially making Michigan more competitive in attracting and retaining innovative companies.

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  1. Fraser Trebilcock Announces 2025 Board of Directors

The Shareholders of Fraser Trebilcock, one of Michigan’s long-established full-service law firms, have re-elected Thaddeus E. Morgan as President of the firm. Shareholder Ryan K. Kauffman was re-elected to the Board of Directors, where he will serve as Vice President & Treasurer. Shareholder Jared A. Roberts was elected to the Board of Directors, where he will serve as Secretary.

Why it Matters: When it matters in Michigan, we are the trusted advisor for businesses and individuals requiring planning and consulting services, or facing legal and regulatory challenges, and our capabilities extend to wherever clients require counsel. The annual election of the Board of Directors allows Fraser Trebilcock to continue its tradition of exceptional client service, dedicated community involvement and professional excellence. Read more.

Related Practice Groups and Professionals 

Business & Tax | Robert D. Burgee
Labor, Employment & Civil Rights | David Houston
Cannabis Law | Sean Gallagher

Five Stories That Matter in Michigan This Week – December 20, 2024

  1. Court Blocks DOL’s FLSA Salary Threshold Increases Nationwide

A federal district court in Texas recently struck down the Department of Labor’s planned increases to minimum salary requirements for overtime-exempt employees under the FLSA. The ruling invalidates both the July 2024 increase to $43,888 annually and the planned January 2025 increase to $58,656, reverting the federal threshold back to $35,568 per year for employers nationwide.

Why it Matters: The ruling means the lower $35,568 annual salary threshold for determining overtime exemptions for white-collar workers under federal law is again applicable (at least for the time-being). However, employers should continue to monitor potential appeals or new federal rulemaking on this issue.

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  1. Intellectual Property and Rebranding: What Business Leaders Need to Know

After you’ve launched your brand, your work isn’t over yet. Now comes the ongoing task of protecting your new brand. First and foremost, you need to monitor the marketplace. Keep an eye out for any businesses using names, logos, or other branding elements that are similar to yours. The earlier you catch potential infringement, the easier it is to address.

Why it Matters: But protection isn’t just about policing others—it’s also about maintaining your own rights. For example, use your trademarks consistently and properly. If you’ve registered a logo, make sure you’re using it in the form in which it was registered. Keep records of how and when you use your trademarks in commerce. Be proactive and make IP an important strategic consideration for your business. Read more.

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  1. Fraser Trebilcock Announces 2025 Board of Directors

The Shareholders of Fraser Trebilcock, one of Michigan’s long-established full-service law firms, have re-elected Thaddeus E. Morgan as President of the firm. Shareholder Ryan K. Kauffman was re-elected to the Board of Directors, where he will serve as Vice President & Treasurer. Shareholder Jared A. Roberts was elected to the Board of Directors, where he will serve as Secretary.

Why it Matters: When it matters in Michigan, we are the trusted advisor for businesses and individuals requiring planning and consulting services, or facing legal and regulatory challenges, and our capabilities extend to wherever clients require counsel. The annual election of the Board of Directors allows Fraser Trebilcock to continue its tradition of exceptional client service, dedicated community involvement and professional excellence. Read more.

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  1. Michigan CRA Publishes November ’24 Data: Average Price Decreases

Per data released by the Cannabis Regulatory Agency (CRA), the average retail price for adult-use sale of an ounce of cannabis in November was $71.80, a decrease from $73.99 in October. This is a decrease from November 2023, where the average price was $97.51.

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. FinCEN Motion to Stay

On Wednesday, December 11, 2024, FinCEN filed its first substantive response to the nationwide injunction ordered by a United States District Court in Texas. The response, a “Motion to Stay Preliminary Injunction Pending Appeal” highlights the time and expense incurred by government in implementing the CTA, including the build out of the online reporting system, community outreach events, and an ad buy in excess of $4.3 million.

Why it Matters: Businesses and other would-be reporting companies are advised to keep a close eye on these proceedings, as the reporting requirements could be revived and enforcement resumed effective January 1, 2025. If that happens, it could be quite a scramble for the 20+ million reporting companies. Accordingly, FinCEN advises that online the reporting system remains open for “voluntarily” filings. Read more.

Related Practice Groups and Professionals

Labor, Employment & Civil Rights | David Houston
Intellectual Property | Andrew Martin
Cannabis Law | Sean Gallagher
Business & Tax | Robert D. Burgee

Five Stories That Matter in Michigan This Week – December 6, 2024

  1. Michigan to Offer New R&D Tax Credit Starting 2025

Michigan has approved legislation creating a state income tax credit for qualifying research and development expenses conducted within the state. The credit, established through House Bills 5100 and 5101, will be available to both corporations and pass-through entities beginning January 1, 2025, with qualifying expenses defined according to federal tax standards.

Why it Matters: This new tax incentive provides Michigan businesses with an additional financial benefit for conducting in-state research and development activities, potentially making Michigan more competitive in attracting and retaining innovative companies.

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  1. Corporate Transparency Act Update – Federal Judge in Texas Issues Nationwide Injunction

On December 3, 2024, a United States District Court Judge in Texas issued a nationwide injunction against the federal government’s enforcement of the Corporate Transparency Act (“CTA”). The law, which mandates extensive new reporting requirements for over 35 million American businesses and other entities, was slated to take full effect in less than a month.

Why it Matters: The government is expected to appeal this ruling and is concurrently contesting challenges to the CTA’s enforcement in at least seven other jurisdictions. The expansive reach of the CTA, coupled with the potential for conflicting judicial opinions, will likely trigger further appeals and could ultimately result in an expedited review by the United States Supreme Court. Businesses and other entities subject to the CTA’s provisions are advised to closely monitor these legal proceedings, as the final outcome will directly impact their reporting obligations. Read more from your Fraser Trebilcock attorney.

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  1. Michigan Cannabis Exceeds $268 Million in October ‘24

Cannabis sales surpassed $266 million in October, via the monthly report from the Michigan Cannabis Regulatory Agency. Michigan adult-use sales came in at $267,603,528.23, while medical sales came in at $961,844.41, totaling $268,565,372.64.

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. Business Education Series: Referral Generation: Avoid Peaks & Valleys in Your Sales Funnel

Every business owner prefers a referral to a cold lead. Referrals have a basis of trust and understanding that makes the sales process simpler to execute and winning easier to achieve. Referrals can’t be generated intentionally however, right? On Tuesday, December 17, Ian Richardson, BBA, CSAP, MCSA, Principal Consultant, Fox & Crow Group LLC & Managing Partner, Richardson & Richardson Consulting, LLC, will discuss how this is incorrect.

Why it Matters: Learn how to structure an intentional referral generation pipeline from existing clients while minimizing the risk of client churn. Three takeaways include preparing conversations with clients, retention efforts for clients who are not ready to refer, and review of how to prepare a referral list for clients. Full information and to register.

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  1. Fraser Trebilcock Named a Tier 1 Law Firm in Lansing in Six Practice Areas for 2025

Fraser Trebilcock has received a First Tier ranking in Lansing in six practice areas by U.S. News – Best Lawyers® “Best Law Firms” in 2025. Those practice areas are: Administrative/Regulatory Law, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Commercial Litigation, Environmental Law, Litigation – Labor and Employment, and Utilities Law. In addition to the First Tier ranking in six legal practice areas, Fraser Trebilcock has been named a Tier Two firm in Lansing for four practice areas, and has also been named a Tier Three firm in Lansing for four practice areas. The Tier Two areas are: Closely Held Companies and Family Businesses Law, Litigation – Insurance, Real Estate Law, and Trusts & Estates. The Tier Three areas are: Bet-the-Company Litigation, Corporate Law, Litigation – Construction, and Litigation – Environmental.

Why it Matters: Firms included in the 2025 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. The 2025 rankings are based on the highest number of participating firms and the highest number of client ballots on record. Receiving a tier designation reflects the highest level of respect a firm has earned among other leading lawyers and clients in the same communities and in the same practice areas for their abilities, their professionalism and their integrity.

Related Practice Groups and Professionals 

Business & Tax | Robert D. Burgee
Cannabis Law | Sean Gallagher

Five Stories That Matter in Michigan This Week – November 8, 2024

  1. New Approval Procedures for Large-Scale Renewable Energy Projects to Take Effect on November 29, 2024

The Michigan Public Service Commission and other state regulators have recently finalized procedures for approval processes for large-scale solar and wind projects to implement a 2023 law that transfers decision-making authority, in some cases, from local governments to the state. The new procedures will take effect on November 29, 2024.

Why it Matters: Renewable energy project approval processes will, in most instances, still need to begin at the local level. However, the law allows developers to seek state approval from the Public Service Commission if a project is denied by a local government.

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  1. Business Education Series: Referral Generation: Avoid Peaks & Valleys in Your Sales Funnel

Every business owner prefers a referral to a cold lead. Referrals have a basis of trust and understanding that makes the sales process simpler to execute and winning easier to achieve. Referrals can’t be generated intentionally however, right? On Tuesday, December 17, Ian Richardson, BBA, CSAP, MCSA, Principal Consultant, Fox & Crow Group LLC & Managing Partner, Richardson & Richardson Consulting, LLC, will discuss how this is incorrect.

Why it Matters: Learn how to structure an intentional referral generation pipeline from existing clients while minimizing the risk of client churn. Three takeaways include preparing conversations with clients, retention efforts for clients who are not ready to refer, and review of how to prepare a referral list for clients. Full information and to register.

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  1. Two House Bills Introduced Aimed at Amending Minimum Wage, Earned Sick Time Leave Act

House Bills 6056 and 6057 were introduced into the Michigan House this week, seeking to amend the Earned Sick Time Leave Act, and keep the tipped wage at the current 38%.

Why it Matters: The bipartisan legislation aims to keep the tipped wage at 38%, while slightly accelerating the minimum wage increase, as well as providing a clearer definition of an employee, and how employers can manage benefits. This legislation comes as the state is preparing for the February 21, 2025 deadline, where the minimum wage and paid sick time leave laws will be altered.

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  1. Michigan Court of Appeals Confirms Commercial Roof Replacement Qualifies as “New Construction” for Property Tax Purposes

In a recent decision that clarifies the scope of property tax “additions” under Michigan law, the Court of Appeals held that installing a new roof on a commercial building constitutes “new construction” that can trigger increases in taxable value beyond the standard legislative cap.

Why it Matters: By confirming that even basic building improvements like roof replacements constitute “additions” that can trigger increased tax assessments, the ruling clarifies a power that local tax assessors have long possessed but may not have consistently exercised.

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  1. FTC Overhaul of Hart-Scott-Rodino Act Pre-Merger Notification Rules

On October 10, 2024, the Federal Trade Commission (FTC) unveiled extensive modifications to the Hart-Scott-Rodino Act (HSR) pre-merger notification regulations. These changes, set to take effect in January 2025, significantly expand disclosure requirements for mergers and acquisitions.

Why it Matters: The Act applies to transactions that meet specific size thresholds, which are adjusted annually. Generally, in 2024, transactions where one party has a size of at least $239 million; the other party has a size of at least $23.9 million; and the size of the transaction is at least $119.5 million, must be reported. The Act aims to give regulators the opportunity to review potentially anticompetitive deals before they are consummated.

Related Practice Groups and Professionals 

Energy, Utilities & Telecommunication | Sean Gallagher
Business & Tax
Labor, Employment & Civil Rights | David Houston

Five Stories That Matter in Michigan This Week – October 4, 2024

  1. With Election Looming, it’s Important to be Informed About Michigan’s AI Election Communications Law

A little less than a year ago, in November, 2023, Michigan became the fifth U.S. state to pass a law regulating artificial intelligence use in election communications. The legislation requires a disclaimer on political advertisements created using A.I.-generated content.

Why it Matters: Under the law, a person who knowingly violates this section is guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or imprisonment for not more than 93 days, or both. You can access more information about the law here.

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  1. Michigan Sales Tax Applies to Credit Card Surcharges

Recently, the Michigan Department of Treasury provided guidance on the application of a Michigan sales tax on credit card “surcharges” for businesses. The Michigan Department of Treasury considers the surcharge added to a customer’s bill a “service cost” or “other expense of the seller” under the General Sales Tax Act, making it part of the taxable “sales price” of a transaction.

Why it Matters: Compliance with this guidance is important. Failure to do so may result in underpayment of taxes due to the State of Michigan, potentially subjecting your business to penalties and interest. If you have any questions about how this guidance applies to your specific situation, please contact Paul McCord or your Fraser Trebilcock attorney. Read more.

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  1. Update: Michigan Supreme Court Clarifies its “Adopt and Amend” Minimum Wage and Tipped Worker Ruling

The Michigan Supreme Court recently issued a clarification of its July 31, 2024 ruling on minimum wage and paid sick leave standards. This update, released on September 18, 2024, comes in response to a request from the State of Michigan and its attorney general, addressing several key points of confusion that arose from the original decision.

Why it Matters: Employers should remain vigilant for any further updates or guidance from state authorities. The complex nature of these changes underscores the importance of staying informed and seeking experienced legal counsel to ensure full compliance with Michigan’s evolving wage laws. Read more from your Fraser Trebilcock attorney.

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  1. Business Education Series: Avoid the Five Business Dangers

On Wednesday, October 30, Tom Hamp, Hamp Business Coaching, will delve into the critical issues of poor leadership skills and their impact on organizational success, explore strategies to overcome underperforming sales, and discuss the consequences of ineffective marketing. Additionally, we will examine the importance of robust human capital management and the detrimental effects of financial mismanagement. This seminar is designed to provide practical solutions and actionable insights to help you navigate and resolve these common business problems effectively.

Why it Matters: Learn how to understand your business’s financials, understand profit and loss and use it to your advantage. Also learn how leadership impacts staff and how to manage employees better by increasing leadership skills. Full information and to register.

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  1. Fraser Trebilcock Attorney Secures Victory for Firm Client

Fraser Trebilcock attorney Danielle Lofton was successful in securing a victory for the firm’s client in an insurance matter. A mother of an eight-year-old daughter in Florida had been sued over an accident that occurred in Michigan involving her daughter having caused a serious injury to a cousin while driving an ATV.

Why it Matters: The mother’s insurance company in Florida had gone into insolvency, leaving the mother on her own to defend herself in the civil lawsuit. Although she was initially faced with many roadblocks, Attorney Lofton was successful in convincing the Florida Insurance Bureau to not only settle the underlying claim, but to reimburse the firm’s client for the defense costs she incurred. Read more.

Related Practice Groups and Professionals

Business & Tax | Paul McCord
Labor, Employment & Civil Rights | David Houston
Insurance Law | Danielle Lofton

Update: Michigan Supreme Court Clarifies its “Adopt and Amend” Minimum Wage and Tipped Worker Ruling

The Michigan Supreme Court recently issued a clarification of its July 31, 2024 ruling on minimum wage and paid sick leave standards. This update, released on September 18, 2024, comes in response to a request from the State of Michigan and its attorney general, addressing several key points of confusion that arose from the original decision.

Revised Minimum Wage Schedule and Tipped Worker Phase-In

The Court has provided a clearer roadmap for the implementation of new minimum  wage standards:

      1. Starting February 21, 2025, the minimum hourly wage will be $10.00 plus an inflation adjustment from the state treasurer.
      2. For tipped workers, the minimum wage will progressively increase as a percentage of the general minimum wage:
      • February 21, 2025: 48% of the general minimum wage.
      • Subsequent years will see gradual increases.
      • By February 21, 2030: Tipped employees must be paid 100% of the general minimum wage.

Clarification on Implementation Dates

The Court confirmed that all future rate increases will occur on February 21 for 2025 and subsequent years, concluding in 2030. The attorney general had proposed implementation dates of January 1 for the years in question.

This clarification is crucial for employers planning their payroll adjustments and ensures consistency in the implementation of the new wage standards.

Inflation Adjustment Calculation

The Court provided important details about the inflation adjustment that will be applied to the minimum wage:

      1. The inflationary period to consider is January 1, 2019, through July 31, 2024 for calculation of increases.
      2. The state treasurer has until November 1, 2024, to complete this assessment.
      3. This calculation will determine the precise minimum wage that will take effect on February 21, 2025.

Next Steps for Employers

Given these clarifications, Michigan employers should:

      1. Begin preparing for the first wage adjustment on February 21, 2025.
      2. Pay close attention to the state treasurer’s announcement of the inflation-adjusted minimum wage, expected by November 1, 2024.  We will keep you posted.
      3. Review and update payroll systems to accommodate the new February 21st annual adjustment date.

Employers should remain vigilant for any further updates or guidance from state authorities. The complex nature of these changes underscores the importance of staying informed and seeking experienced legal counsel to ensure full compliance with Michigan’s evolving wage laws. You can view the order here.

This alert serves as a general summary and does not constitute legal guidance. Please contact us with any specific questions.

Attorney David J. HoustonFraser Trebilcock Shareholder Dave Houston has over 40 years of experience representing employers in planning, counseling, and litigating virtually all employment claims and disputes including labor relations (NLRB and MERC), wage and overtime, and employment discrimination, and negotiation of union contracts. He has authored numerous publications regarding employment issues. You can reach him at 517.377.0855 or dhouston@fraserlawfirm.com.

Five Stories That Matter in Michigan This Week – September 20, 2024

  1. Michigan Supreme Court Clarifies Minimum Wage Ruling

The Michigan Supreme Court released an order following Attorney General Dana Nessel’s recent request for clarification from the Court on certain issues, including a precise start date for calculating inflations, related to the Court’s recent “adopt and amend” minimum wage and sick leave ruling in the case of Mothering Justice v Attorney General.

Why it Matters: Per the Court’s ruling, increases to the state’s minimum wage and tipped wage laws, and the expansion of the state’s earned sick time laws, will go into effect February 21, 2025. The Court’s order clarified the tipped minimum wage and date of annual increases, as well as specified new minimum wage rates. You can find the order here.

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  1. Michigan Cannabis Sales Grow Despite Ohio Starting Recreational Sales

According to the Detroit Free Press, Ohio cannabis dispensaries sold nearly $55 million in recreational cannabis in August—the state’s first month of legal recreational sales. Michigan recreational sales increased 3% month over month, and 9% year over year, in August.

Why it Matters: There has been quite a bit of speculation about what impact Ohio’s recreational sales would have on Michigan’s cannabis marketplace. So far, Michigan seems to be continuing its growth trajectory.

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  1. Michigan Cannabis Exceeds $295 Million in August ‘24

Cannabis sales surpassed $295 million in August, via the monthly report from the Michigan Cannabis Regulatory Agency. Michigan adult-use sales came in at $294,151,545.18, while medical sales came in at $1,260,707.52, totaling $295,412,252.70.

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. Business Education Series: Avoid the Five Business Dangers

On Wednesday, October 30, Tom Hamp, Hamp Business Coaching, will delve into the critical issues of poor leadership skills and their impact on organizational success, explore strategies to overcome underperforming sales, and discuss the consequences of ineffective marketing. Additionally, we will examine the importance of robust human capital management and the detrimental effects of financial mismanagement. This seminar is designed to provide practical solutions and actionable insights to help you navigate and resolve these common business problems effectively.

Why it Matters: Learn how to understand your business’s financials, understand profit and loss and use it to your advantage. Also learn how leadership impacts staff and how to manage employees better by increasing leadership skills. Full information and to register.

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  1. Intellectual Property and Rebranding: What Business Leaders Need to Know

Rebranding a business is exciting. It’s often done at a time of growth and transformation, such as a merger or acquisition, when a business is launching an important new product, entering a new geographic market, or trying to appeal to a new customer demographic. Whether you’re updating your logo, changing your company name, or overhauling your entire brand identity, it’s a big step that can lead to great opportunities.

Why it Matters: But before you dive into the creative process, it is crucial to consider the intellectual property (IP) law implications of a rebrand. Your brand is one of your most valuable assets, and rebranding involves important legal considerations that can impact your business’s future. In this article, we’ll walk you through some key IP issues you need to consider when rebranding. These considerations will help you protect your new identity and avoid costly legal pitfalls along the way. Read more.

Related Practice Groups and Professionals 

Labor, Employment & Civil Rights | David Houston
Cannabis Law | Sean Gallagher
Intellectual Property | Andrew Martin

Five Stories That Matter in Michigan This Week – September 6, 2024

  1. Michigan “Homeowner’s Energy Policy Act” Signed Into Law

Earlier this summer, the Michigan legislature passed and Governor Whitmer signed into law, the “Homeowner’s Energy Policy Act,” which will prohibit homeowners’ associations from banning certain energy-saving home improvements. A few of the improvements that can’t be prohibited by HOAs (subject to certain conditions) under the law include: solar panels, rain barrels, energy efficient appliances, solar water heaters, electric vehicle supply equipment, and energy-efficient windows.

Why it Matters: The new law will take effect 90 days after the legislature adjourns. Accordingly, the effective date will likely be in early 2025.

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  1. Fraser Trebilcock Lawyers Selected Among “The Best Lawyers in America©” 2025 Edition in Lansing

Fraser Trebilcock is proud to announce that 12 attorneys from the firm have been selected for inclusion in The Best Lawyers in America© 2025 edition in Lansing. Those selected include: Michael S. Ashton, Administrative / Regulatory Law; Litigation – Regulatory Enforcement (SEC, Telecom, Energy); Utilities Law; Douglas J. Austin, Real Estate Law; Michael E. Cavanaugh, Administrative / Regulatory Law; Bet-the-Company Litigation; Commercial Litigation; Litigation – Labor and Employment; Michael P. Donnelly, Commercial Litigation; Sean P. Gallagher, Environmental Law; Litigation – Environmental; Jennifer Utter Heston, Administrative / Regulatory Law; Mark E. Kellogg, Closely Held Companies and Family Business Law; Corporate Law; Hon. Paula J. Manderfield (Ret.), Mediation; Thaddeus E. Morgan, Commercial Litigation; Litigation – Construction; Michael H. Perry, Environmental Law; Gary C. Rogers, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; Litigation – Insurance; and Marlaine C. Teahan, Trusts and Estates.

Why it Matters: “These twelve attorneys are proven leaders in their field, and practice at a very high level. We congratulate them on this recognition by  Best Lawyers®,” said Thaddeus E. Morgan, President of Fraser Trebilcock. Read more.

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  1. Attorney Douglas J. Austin Honored as “Lawyer of the Year” in Real Estate Law in Lansing

Fraser Trebilcock attorney Douglas J. Austin has been named the Best Lawyers in America® 2025 Real Estate Law “Lawyer of the Year” in Lansing. “I am honored to be recognized by Best Lawyers® as a 2025 ‘Lawyer of the Year’ for Real Estate Law in Lansing,” said Mr. Austin.

Why it Matters: This is a high distinction, as only one attorney in each practice area in each community is identified as “Lawyer of the Year.” Mr. Austin has been at the center of real estate law for over 45 years. In addition to being a shareholder at Fraser Trebilcock, he is also the past chair of the firm’s Real Estate Law department.

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  1. Intellectual Property and Rebranding: What Business Leaders Need to Know

Rebranding a business is exciting. It’s often done at a time of growth and transformation, such as a merger or acquisition, when a business is launching an important new product, entering a new geographic market, or trying to appeal to a new customer demographic. Whether you’re updating your logo, changing your company name, or overhauling your entire brand identity, it’s a big step that can lead to great opportunities.

Why it Matters: But before you dive into the creative process, it is crucial to consider the intellectual property (IP) law implications of a rebrand. Your brand is one of your most valuable assets, and rebranding involves important legal considerations that can impact your business’s future. In this article, we’ll walk you through some key IP issues you need to consider when rebranding. These considerations will help you protect your new identity and avoid costly legal pitfalls along the way. Read more.

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  1. FTC Non-Compete Prohibition on Hold Again

Briefly, the FTC issued a Final Rule, scheduled to go into effect on September 4, 2024, placing limitations on non-compete and related employer contracts or policies. That rule has been reviewed by three courts. Previously, the Northern District of Texas invalidated the rule as beyond the authority of the FTC to issue, but issued an injunction barring enforcement of the rule only with respect to the parties to that litigation.

Why it Matters: U.S. District Judge Ada Brown, sitting in the Northern District Court in  Texas, has now held the rule invalid as “arbitrary and capricious.” In comparison to her first ruling, however, this court issued a national injunctive order barring enforcement of the rule in all United States federal court jurisdiction. Ryan LLC v. FTC. LINK. As a result, employers are not required to follow the Final Rule. The duration of this order and status is unknown, but can be expected to be several months or longer, or possibly permanent. Read more.

Related Practice Groups and Professionals

Energy, Utilities & Telecommunication | Sean Gallagher
Real Estate Law | Doug Austin
Intellectual Property | Andrew Martin
Labor, Employment & Civil Rights | David Houston
Business & Tax | Andrew Martin

Five Stories That Matter in Michigan This Week – August 30, 2024

  1. Cannabis Regulatory Agency Releases Disciplinary Schedule

The CRA recently released a “disciplinary schedule” of different types of marijuana business violations and the corresponding fines and other penalties. The schedule comes, as reported by Crain’s Detroit Business, following complaints from the cannabis industry in Michigan about “uneven and arbitrary disciplinary actions.

Why it Matters: The schedule provides more clarity about the impact of taking or failing to take certain actions required to operate a licensed cannabis business in Michigan, such as a $10,000 fine for failing to submit required financial statements to the state in a timely manner.

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  1. FTC Non-Compete Prohibition on Hold Again

Briefly, the FTC issued a Final Rule, scheduled to go into effect on September 4, 2024, placing limitations on non-compete and related employer contracts or policies. That rule has been reviewed by three courts. Previously, the Northern District of Texas invalidated the rule as beyond the authority of the FTC to issue, but issued an injunction barring enforcement of the rule only with respect to the parties to that litigation.

Why it Matters: U.S. District Judge Ada Brown, sitting in the Northern District Court in  Texas, has now held the rule invalid as “arbitrary and capricious.” In comparison to her first ruling, however, this court issued a national injunctive order barring enforcement of the rule in all United States federal court jurisdiction. Ryan LLC v. FTC. LINK. As a result, employers are not required to follow the Final Rule. The duration of this order and status is unknown, but can be expected to be several months or longer, or possibly permanent.

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  1. Intellectual Property and Rebranding: What Business Leaders Need to Know

Rebranding a business is exciting. It’s often done at a time of growth and transformation, such as a merger or acquisition, when a business is launching an important new product, entering a new geographic market, or trying to appeal to a new customer demographic. Whether you’re updating your logo, changing your company name, or overhauling your entire brand identity, it’s a big step that can lead to great opportunities.

Why it Matters: But before you dive into the creative process, it is crucial to consider the intellectual property (IP) law implications of a rebrand. Your brand is one of your most valuable assets, and rebranding involves important legal considerations that can impact your business’s future. In this article, we’ll walk you through some key IP issues you need to consider when rebranding. These considerations will help you protect your new identity and avoid costly legal pitfalls along the way. Read more.

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  1. Strategic Alliance Announced Between Fraser Trebilcock and Cheltenham Law

Fraser Trebilcock Davis Dunlap & Cavanaugh P.C. is excited to announce a strategic alliance with Cheltenham Law, PLLC. As both firms have a strong presence in the Greater Lansing and Detroit regions, this collaboration brings together two prominent law firms seeking to strengthen their opportunities in Michigan.

Why it Matters: Cheltenham Law offers clients the full spectrum of legal representation and guidance in matters such as divorce, custody, criminal defense, and estate planning. This arrangement allows Fraser Trebilcock to use its knowledge and expertise in the areas of family law, criminal defense, and estate planning, among others, to enhance its presence in the Greater Lansing and Detroit regions. Read more.

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  1. Fraser Trebilcock Welcomes John R. Fifarek to the Firm

On May 20, the U.S. Department of Justice and the Drug Enforcement Administration issued a Notice of Proposed Rulemaking to initiate the proposed rescheduling of cannabis from Schedule I to Schedule II under the Controlled Substance Act. A 60-day public comment period then began, which ended in late July.

Why it Matters: Following the end of the public comment period, the DEA will review the public comments, may incorporate comments as appropriate, and then finalize the rescheduling rule. Typically, a final rule becomes effective 30 days after being published in the Federal Register.

Related Practice Groups and Professionals

Cannabis Law | Sean Gallagher
Labor, Employment & Civil Rights | David Houston
Business & Tax | Andrew Martin
Intellectual Property | Andrew Martin
John Fifarek