Tag: licensing

Five Stories That Matter in Michigan This Week – June 20, 2025

  1. Michigan Court of Appeals Clarifies Enforceability of Flexible Quantity Terms in Auto Supply Contracts

The Michigan Court of Appeals in FCA US LLC v. Kamax Inc. ruled that automotive supply contracts with percentage-based quantity terms like “approximately 65%–100%” satisfy the Uniform Commercial Code’s statute of frauds requirements. The court rejected Kamax’s argument that the percentage-based language was too indefinite to be enforceable, distinguishing the case from MSSC, Inc. v. Airboss Flexible Products Co., where no quantity term existed at all.

Why it Matters: This ruling provides important guidance for Michigan’s automotive supply chain by confirming that flexible quantity commitments expressed as percentage ranges remain legally enforceable when supported by consistent performance between the parties.

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  1. Data Privacy Bill Moves to Senate Floor

This week, the Senate Committee Finance, Insurance and Consumer Protection approved Senate Bill 359, called the “Personal Privacy Data Act,” that establishes consumers’ rights related to the collection and use of personal data.

Why it Matters: The bill is now on the Senate floor for voting. Among the requirements proposed in the bill, a collector of personal data will be required to, “obtain consent from a consumer before processing the consumer’s personal data and provide a privacy notice concerning the purpose of that data processing.” The proposed bill will not apply to State agencies, or collectors of medical data in accordance with HIPAA.

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  1. Michigan CRA Publishes May ’25 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 2025 was $63.17, an increase from $62.23 in April 2025. This is a decrease from May 2024, where the average price was $88.15.

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. PCORI Fees Due by July 31, 2025

In Notice 2024-83, the Internal Revenue Service set forth the PCORI amount imposed on insured and self-funded health plans for policy and plan years that end on or after October 1, 2024, and before October 1, 2025.

Why it Matters: Notice 2024-83 sets the adjusted applicable dollar amount used to calculate the fee at $3.47. Specifically, this fee is imposed per average number of covered lives for plan years that end on or after October 1, 2024, and before October 1, 2025. For self-funded plans, the average number of covered lives is calculated by one of three methods: (1) the actual count method; (2) the snapshot method; or (3) the Form 5500 method.

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  1. Collateral Consequences: How Criminal Convictions Can Jeopardize Your Professional License

When people think about the consequences of a criminal conviction, they typically focus on the immediate penalties: fines, probation, jail time. But licensed professionals—doctors, nurses, lawyers, teachers, real estate agents, and others—the consequences can extend far beyond the courtroom. A criminal case doesn’t just threaten your freedom. If you’re a licensed professional, it can threaten your livelihood.

Why it Matters: Licensed professionals have more at stake than the average person facing criminal charges, but with early legal counsel from an attorney who understands both criminal law and licensing law and a proactive plan, you can minimize the damage and, in many cases, preserve your ability to work. Don’t make the mistake of waiting until your criminal case is over to start thinking about your license. By then, it may be too late. Read more from your Fraser Trebilcock attorney.

Related Practice Groups and Professionals

Cannabis Law | Sean Gallagher
Criminal Law | Robert Andretz
Licensing & Regulatory | Robert Andretz

Collateral Consequences: How Criminal Convictions Can Jeopardize Your Professional License

When people think about the consequences of a criminal conviction, they typically focus on the immediate penalties: fines, probation, jail time. But licensed professionals—doctors, nurses, lawyers, teachers, real estate agents, and others—the consequences can extend far beyond the courtroom.

A criminal case doesn’t just threaten your freedom. If you’re a licensed professional, it can threaten your livelihood.

Licensing Consequences

Licensing boards are charged with protecting the public, and they often act swiftly and independently when a licensed professional is charged with or convicted of a crime. In many cases, licensing action is automatic. For example, your license will be summarily suspended if you are a licensed health professional who has been convicted of a felony or even a misdemeanor involving the illegal delivery, possession, or use of a controlled substance. (MCL 333.16233(5))

Even a minor misdemeanor conviction can trigger a licensing investigation. In some professions, simply being charged with a crime—regardless of the ultimate outcome—may prompt disciplinary proceedings.

This is the reality of collateral consequences. You may resolve your criminal matter in court, but that doesn’t mean that you’re in the clear with your licensing board.

When Criminal and Licensing Issues Collide

In my practice, there is often an overlap between criminal law and professional licensing. A nurse is charged with drunk driving. A financial professional faces fraud allegations. A teacher is arrested after a domestic dispute. These cases aren’t just about guilt or innocence—they’re about risk, reputation, and future employment as well.

What may seem like a private matter can quickly become a very public professional issue. Boards may suspend or revoke a license, registration, or certification, impose probation, or require treatment and monitoring. Employers may be notified. Professional reputations can be permanently damaged.

That’s why it’s critical for professionals to treat any criminal matter—no matter how minor it seems—as a serious threat to their ability to work in their chosen field.

Get the Right Legal Help and Get It Early

If you’re a licensed professional facing criminal charges, one of the most important decisions you’ll make is hiring the right lawyer right from the start.

You need an attorney who understands both sides of your problem: the criminal justice system and the licensing system. Too many defense strategies focus only on the criminal case—without considering how a plea, statement, or court outcome might play out before a licensing board.

The reality is that boards don’t always need a conviction to act. They often rely on arrest reports, public complaints, or court filings to initiate investigations, and disclosures made during a criminal case can be used in administrative hearings. A narrowly focused defense can unintentionally put your license at greater risk.

That’s why legal strategy must go hand-in-hand with planning how to preserve your professional license.

Just as important is taking proactive steps that demonstrate rehabilitation and accountability. In many cases, boards look favorably on professionals who engage in treatment programs, seek counseling, obtain character references, or show a track record of reform. Even when wrongdoing has occurred, a well-documented plan of correction and transparency can mean the difference between revocation and a much less serious sanction.

The key is to act early—with the help and guidance of experienced legal counsel—before your board gets involved.

A Criminal Case Can End a Career—But Not If We Can Help It

Licensed professionals have more at stake than the average person facing criminal charges, but with early legal counsel from an attorney who understands both criminal law and licensing law and a proactive plan, you can minimize the damage and, in many cases, preserve your ability to work. Don’t make the mistake of waiting until your criminal case is over to start thinking about your license. By then, it may be too late.

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

Andretz, RobertFraser Trebilcock attorney Robert J. Andretz is an experienced professional licensing attorney with years of experience successfully defending doctors, nurses, and other licensed health professionals across the state of Michigan in professional licensing matters, including professional licensing investigations and Administrative Complaint matters. You can reach him at 517.377.0854 or randretz@fraserlawfirm.com.