Five Stories That Matter in Michigan This Week – January 17, 2025

  1. Michigan House to Form Committee to Address Tipped Wage and Sick Leave Policies

The Michigan House of Representatives is set to create the Select Committee on Protecting Michigan Employees and Small Businesses, with the intention of addressing upcoming changes to the state’s minimum wage and paid sick leave requirements.

Why it Matters: The committee formation comes in response to a significant Michigan Supreme Court ruling from last summer, which found that the Legislature’s 2018 “adopt and amend” strategy – where they adopted citizen-led initiatives only to substantially weaken them – was unconstitutional. This decision mandated the implementation of the original ballot initiatives, including raising minimum wage to $15 by 2028 and eliminating the tipped minimum wage system, unless new legislative action is taken.

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  1. Michigan CRA Publishes December ’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 December was $69.20, a decrease from $71.80 in November. This is a decrease from December 2023, where the average price was $95.08.

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 CRA Files New Formal Complaint Against Adult-Use Marijuana Processor Business

On January 7, 2025, the Michigan Cannabis Regulatory Agency filed a new formal complaint against Sky Labs, LLC, an adult-use marijuana processor, alleging multiple counts of violations ranging from illegally combining marijuana and marijuana product into another marijuana product in addition to not providing the proper certificate of analysis (COA), to handling marijuana product outside of a licensed facility and not registering product into the state’s tracking system.

Why it Matters: The CRA intends to impose fines and/or other sanctions against Sky Labs, LLC, which include suspension, restriction, or revocation, of the business’s license.

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  1. Business Education Series: Your Comprehensive Guide to Driving Employee Engagement

The workforce is facing challenges like talent shortages and quiet quitting, making it crucial to attract, engage, and retain employees. With 75% of turnover preventable, employers who create engaging environments focused on essential needs can better retain and attract talent.

Why it Matters: During the January Business Education Series, facilitated by Cheryl Kuch, Senior Consultant, Rehmann, discover what top organizations do to foster engagement and gain best practices to protect your most valuable asset—your people. Hosted at the Lansing Regional Chamber of Commerce. More information.

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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.

Related Practice Groups and Professionals

Labor, Employment & Civil Rights | David Houston
Cannabis Law | Sean Gallagher

Five Stories That Matter in Michigan This Week – October 25, 2024

  1. FTC Announces Final “Click-to-Cancel” Rule

On October 16, 2024, the Federal Trade Commission (FTC) announced a final “click-to-cancel” that will require sellers to make it as easy for consumers to cancel their subscription/enrollment as it was to sign up. The rule is a result of the FTC’s ongoing review and modernization of its 1973 Negative Option Rule, which meant to combat unfair or deceptive practices related to subscriptions, memberships and other recurring-payment programs.

Why it Matters: According to the FTC, the number of consumer complaints related to negative option marketing programs has been steadily increasing over the past five years and in 2024 the Commission received nearly 70 consumer complaints per day on average, up from 42 per day in 2021.

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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. Michigan CRA Publishes September ’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 September was $78.68, a decrease from $80.14 in August. This is a decrease from September 2023, where the average price was $100.14.

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. 10 Fraser Trebilcock Attorneys Selected for 2024 List of Super Lawyers, Rising Stars in Michigan

Eight Fraser Trebilcock attorneys have been selected for inclusion on the 2024 Michigan Super Lawyers list, with two additional attorneys named “2024 Rising Stars in Michigan.” Those selected include: Michael S. Ashton, Administrative Law; Michael P. Donnelly, Business Litigation; Mark E. Kellogg, Estate & Probate; Danielle Lofton (Rising Star), Personal Injury – General: Plaintiff; Hon. Paula J. Manderfield (Ret.), Alternative Dispute Resolution; Thaddeus E. Morgan, Business Litigation; Melisa M.W. Mysliwiec, Elder Law; Gary C. Rogers, Personal Injury – General: Defense; Elizabeth M. Siefker (Rising Star), Estate & Probate; and Marlaine C. Teahan, Estate & Probate.

Why it Matters: Only 5% of lawyers make the Super Lawyers list, and 2.5% make the “Rising Stars” list. The selection process for Super Lawyers is multi-phased and includes independent research, peer nominations and peer evaluations. In the United States, Super Lawyers Magazine is published in all 50 states and Washington, D.C., reaching more than 13 million readers. Read more.

Related Practice Groups and Professionals 

Business & Tax
Intellectual Property | Andrew Martin
Cannabis Law | Sean Gallagher

Five Stories That Matter in Michigan This Week – October 18, 2024

  1. New Michigan Legislation Requires Dyslexia Screening for Students

Michigan Senate bills 567 and 568 were recently signed into law, which require Michigan schools to screen all kindergarten through 3rd grade students for dyslexia three times a year if they have not been previously screened, as well as students in grades four through 12 who demonstrate behaviors indicating dyslexia.

Why it Matters: The results of the 2024 Michigan Student Test of Educational Progress, released in August, showed that the number of Michigan third-graders who are proficient in reading slid to its lowest point in the 10-year history of the state assessment test.

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  1. 10 Fraser Trebilcock Attorneys Selected for 2024 List of Super Lawyers, Rising Stars in Michigan

Eight Fraser Trebilcock attorneys have been selected for inclusion on the 2024 Michigan Super Lawyers list, with two additional attorneys named “2024 Rising Stars in Michigan.” Those selected include: Michael S. Ashton, Administrative Law; Michael P. Donnelly, Business Litigation; Mark E. Kellogg, Estate & Probate; Danielle Lofton (Rising Star), Personal Injury – General: Plaintiff; Hon. Paula J. Manderfield (Ret.), Alternative Dispute Resolution; Thaddeus E. Morgan, Business Litigation; Melisa M.W. Mysliwiec, Elder Law; Gary C. Rogers, Personal Injury – General: Defense; Elizabeth M. Siefker (Rising Star), Estate & Probate; and Marlaine C. Teahan, Estate & Probate.

Why it Matters: Only 5% of lawyers make the Super Lawyers list, and 2.5% make the “Rising Stars” list. The selection process for Super Lawyers is multi-phased and includes independent research, peer nominations and peer evaluations. In the United States, Super Lawyers Magazine is published in all 50 states and Washington, D.C., reaching more than 13 million readers. Read more.

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  1. Fraser Trebilcock Welcomes Charles L. Lasky to the Firm

Fraser Trebilcock is pleased to announce the hiring of attorney Charles L. Lasky who will work primarily in the firm’s Lansing office. Mr. Lasky has over four decades of experience with a primary focus on real property law: commercial and residential real estate, real estate development, tax incentive financing, tax law, business law: business mergers, sales and acquisitions, business entity formation, corporate law, and financial institution law. His extensive knowledge and experience make him a trusted advisor in complex legal matters.

Why it Matters: His prowess in the legal and business industry should not overshadow his involvement with his community. Mr. Lasky has served on the Board of Directors of various financial institutions in Michigan, Nevada, and Colorado, as well as serving on the Board of Trustees for local organizations such as the Ingham Regional Medical Center, and the Ingham Regional Healthcare Foundation. Learn more.

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  1. Michigan Cannabis Exceeds $266 Million in September ‘24

Cannabis sales surpassed $266 million in September, via the monthly report from the Michigan Cannabis Regulatory Agency. Michigan adult-use sales came in at $265,861,241.15, while medical sales came in at $1,022,653.82, totaling $266,883,894.97.

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.

Related Practice Groups and Professionals 

Charles Lasky
Cannabis Law | Sean Gallagher

Five Stories That Matter in Michigan This Week – October 11, 2024

  1. Michigan Legislature Passes Data Center Tax Break Bill

Last week, the Michigan House passed Senate Bill 237 by a vote of 56 to 41. The bill, if signed into law, would exempt large data centers from Michigan use taxes on equipment through at least 2050.

Why it Matters: With the massive computing needs of artificial intelligence, data center development has exploded across the country. While this bill would likely make Michigan more attractive to data center developers, opponents argue that having more data centers—which consume massive amounts of energy—would undermine Michigan’s clean energy goals.

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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. Read more.

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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 Welcomes Charles L. Lasky to the Firm

Fraser Trebilcock is pleased to announce the hiring of attorney Charles L. Lasky who will work primarily in the firm’s Lansing office. Mr. Lasky has over four decades of experience with a primary focus on real property law: commercial and residential real estate, real estate development, tax incentive financing, tax law, business law: business mergers, sales and acquisitions, business entity formation, corporate law, and financial institution law. His extensive knowledge and experience make him a trusted advisor in complex legal matters.

Why it Matters: His prowess in the legal and business industry should not overshadow his involvement with his community. Mr. Lasky has served on the Board of Directors of various financial institutions in Michigan, Nevada, and Colorado, as well as serving on the Board of Trustees for local organizations such as the Ingham Regional Medical Center, and the Ingham Regional Healthcare Foundation. Learn more.

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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.

Related Practice Groups and Professionals 

Real Estate Law | Doug Austin
Charles Lasky
Business & Tax | Paul McCord

Five Stories That Matter in Michigan This Week – September 13, 2024

  1. AG Nessel Asks Michigan Supreme Court to Clarify Minimum Wage Ruling

Attorney General Dana Nessel recently sought clarification from the Michigan Supreme Court as to 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. With many businesses scrambling to prepare for the impact, the Court may provide some helpful clarity to those businesses as well as the state in administering and enforcing the law.

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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. Michigan CRA Publishes August ’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 August was $80.14, a minor increase from $79.70 in July. This is a decrease from August 2023, where the average price was $94.16.

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. 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. 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.

Related Practice Groups and Professionals

Labor, Employment & Civil Rights | David Houston
Real Estate Law | Doug Austin
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

Five Stories That Matter in Michigan This Week – August 23, 2024

  1. Michigan to Receive $129 Million in Federal Funds for Renewable Energy 

It was recently announced that Michigan will receive $129 million in federal funds to accelerate the siting, zoning and permitting of large-scale renewable energy projects. The funds will come from the federal Inflation Reduction Act’s Climate Pollution Reduction Grant program.

Why it Matters: Michigan, like many other states, has set aggressive goals to decarbonize its electric grid over the next decade.

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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

Fraser Trebilcock is pleased to announce the hiring of attorney John R. Fifarek who will work primarily in the firm’s Lansing office.

Why it Matters: Mr. Fifarek is an attorney with over four decades of experience in real estate matters advising property owners, developers, buyers, sellers, commercial landlords and tenants in the development, sale, purchase and leasing of property, environmental, land use and planning matters, and in court and administrative proceedings. Learn more.

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  1. Michigan CRA Publishes July ’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 July was $79.70, a decrease from $85.88 in June. This is a decrease from July 2023, where the average price was $98.65.

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. Comment Period Ends for Federal Cannabis Rescheduling

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

John Fifarek
Energy, Utilities & Telecommunication | Sean Gallagher
Cannabis Law | Sean Gallagher

Five Stories That Matter in Michigan This Week – May 3, 2024

  1. Michigan CRA Plans to Open State-Run Testing Laboratory

Crain’s Detroit Business reported this week that Michigan’s Cannabis Regulatory Agency plans to open a new testing lab by January of next year in order to promote and enforce safety standards. While funds have been allocated for the establishment and operation of a testing lab, CRA regulators reportedly are asking Michigan legislators to pass a bill that would give the agency more explicit authority to take this action.

Why it Matters: Having an independent, state-run lab would, according to regulators, help establish trust in products and root out potential corruption in the legal cannabis industry.

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  1. Fraser Trebilcock Attorney Robert D. Burgee Recognized as a ‘Michigan Go To Lawyer’ for Business Transactions by Michigan Lawyers Weekly

Fraser Trebilcock attorney Robert D. Burgee has been recognized by Michigan Lawyers Weekly as a ‘Michigan Go To Lawyer’ in 2024 for business transactions. “I am honored to have been recognized by Michigan Lawyers Weekly as a ‘Michigan Go To Lawyer’ for business transactions,” said Bob.

Why it Matters: Mr. Burgee serves as Co-Chair of the firm’s Business & Tax Department and Chair of the firm’s Employee Benefits Department. He has over a decade of experience assisting business clients and entrepreneurs with startups, acquisitions, succession, and growth planning, as well as more general legal guidance, including navigating civil matters, regulatory compliance, employee benefits, and human relations. Read more.

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  1. Marijuana to be Rescheduled by DEA

It was announced this week that the DEA is planning to reclassify marijuana from a Schedule I drug to a Schedule III drug, following a recommendation from the Health and Human Services Department.

Why it Matters: While this move is still subject for review by the White House Office of Management and Budget, this clears a significant regulatory hurdle. Marijuana will still not be legal on the federal level for recreational use following this reclassification.

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  1. FTC Issues Final Rule Banning Non-Compete Agreements Nationwide

On April 23, 2024, in a 3-2 vote, the Federal Trade Commission (FTC) issued a final rule banning non-compete clauses in most employment agreements nationwide. The rule is scheduled to go into effect 120 days after it is published in the Federal Register.

Why it Matters: Under the final rule, “Non-compete clause” is defined as “a term or condition of employment that prohibits a worker from, penalizes a worker for, or functions to prevent a worker from: (i) seeking or accepting work in the United States with a different person where such work would begin after the conclusion of the employment that includes the term or condition; or (ii) operating a business in the United States after the conclusion of the employment that includes the term or condition.” Read more from your Fraser Trebilcock attorneys.

Related Practice Groups and Professionals

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

Five Stories That Matter in Michigan This Week – March 15, 2024

  1. Michigan Senate Passes Bill to Require Dyslexia Screening in Schools

On March 12, the Michigan Senate overwhelmingly (37-1) passed a bill that would require schools to screen all students for signs of dyslexia. It would also require programs to educate prospective teachers on dyslexia’s characteristics.

Why it Matters: This bill is part of a larger effort to improve reading in Michigan. In spring 2023, one-third of Michigan third grade students scored not-proficient in reading.

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  1. Michael E. Cavanaugh Selected as a Member of Michigan Lawyers Weekly “Hall of Fame Class of 2024”

Fraser Trebilcock attorney Michael E. Cavanaugh has been selected as a member of Michigan Lawyers Weekly “Hall of Fame Class of 2024.” This special award recognizes esteemed members of the legal profession who have been in practice for at least 30 years. “I am extremely honored to be recognized by Michigan Lawyers Weekly as a member of their Hall of Fame Class of 2024,” said Mr. Cavanaugh.

Why it Matters: Michigan Lawyers Weekly’s annual “Hall of Fame” award recognizes Michigan’s legal leaders who have been in practice for 30 years, highlighting their successful careers and valuable contributions to the community. These legendary lawyers have made their mark, either in the courtroom or the boardroom, in their law firms or legal departments, with community organizations, and with local, state and national bar associations. Read more.

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  1. Fraser Trebilcock Attorneys Secure Summary Disposition for Firm Client

Fraser Trebilcock attorneys Danielle Lofton and Gary C. Rogers have obtained summary disposition and dismissal of a lawsuit in favor of the firm’s client in a personal injury case pending before the Kalamazoo County Circuit Court.

Why it Matters: Attorney Lofton successfully argued the motion, convincing the trial court that the plaintiff’s injuries did not rise to the level of serious impairment of body function, following mediation in which the plaintiff, who was represented by a prominent plaintiff’s personal injury firm, rejected the settlement recommended by a mediator, and wanted to proceed to trial before a jury. Instead of accepting the mediator’s recommended settlement amount, the plaintiff will now receive nothing. Learn more.

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  1. Can an Out-of-State Patent Attorney Represent Me?

Securing a patent for an innovative idea involves maneuvering through a complex, multifaceted process. And having the right guide—patent legal counsel—is an essential part of the process. A common misconception is that a party hoping to secure a patent must turn to a local attorney for help. This belief, while understandable considering that many legal matters require local expertise and licensing, overlooks the dynamics of how things work with patent law.

Why it Matters: The truth is, in the digital age, the geographical location of your patent attorney matters less than their expertise, experience, and ability to navigate the United States Patent and Trademark Office’s (“USPTO”) requirements. Learn more from attorney Andrew Martin.

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  1. Corporate Transparency Act ‘Unconstitutional’ says Federal District Judge

A U.S. District Court in Alabama has determined that Congress overstepped its constitutional authority in passing the Corporate Transparency Act (“CTA”) (see National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.)). The CTA requires the disclosure of the Beneficial Ownership Information (“BOI”) of millions of American corporations, limited liability companies, and other entities.

Why it Matters: In the wake of this decision, FinCEN seems to have accepted the decision but only insofar as it affects its enforcement of the CTA against the named plaintiffs. The reporting obligations for the remaining 30 million or so entities is unchanged. Time will tell if FinCEN will appeal the decision and/or how it will deal with the seemingly inevitable series of similar cases that will start filling up courts across the country. Read more from attorney Bob Burgee.

Related Practice Groups and Professionals

Labor, Employment & Civil Rights | Michael E. Cavanaugh
Insurance Law | Danielle Lofton
Insurance Law | Gary Rogers
Intellectual Property | Andrew Martin
Business & Tax | Robert Burgee