Five Stories That Matter in Michigan This Week – July 18, 2025

  1. Coverage Position vs. Reservation of Rights Letters: What They Are and Why Timeliness Matters

When a claim comes in and there are coverage issues, insurers have two key tools to protect their position: the Coverage Position Letter (CPL) and the Reservation of Rights (RoR) letter. These letters serve related but distinct purposes, and sending them promptly can help prevent miscommunication, disputes, and legal exposure.

Why it Matters: Timely, specific communication helps preserve legal defenses, avoid unintended estoppel, and demonstrate good faith. Whether used separately or together, these letters allow insurers to stay proactive, protect their position, and encourage a more informed dialogue with insureds. If you have questions about CPL or RoRs, or need assistance with drafting one, our insurance team can help. Learn more.

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  1. Sixth Circuit Raises Bar for Multi-state Automotive Defect Class Actions

The U.S. Court of Appeals for the Sixth Circuit issued an en banc decision in Speerly v. General Motors, LLC that raises pleading and proof standards for certifying multistate automotive defect class actions. The court rejected certification of 26 statewide subclasses representing nearly 800,000 vehicle owners, ruling that plaintiffs must prove with evidence how alleged defects satisfy specific legal elements of each state-law claim rather than simply alleging a common defect. The decision also rejected the “certify now, cull later” approach, requiring that critical individualized issues like defect manifestation, owner reliance, and arbitration agreements be resolved at the class certification stage rather than deferred to summary judgment.

Why it Matters: This ruling provides automotive manufacturers with powerful precedent to challenge sprawling multi-state class actions by demanding rigorous, state-by-state analysis of legal variations and individualized proof requirements. The decision signals a potential shift away from certifying massive class actions without thorough examination of underlying claims and defenses, giving defendants stronger tools to highlight how individualized issues of reliance, causation, and damages prevent class-wide resolution.

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  1. Michigan Cannabis Regulatory Agency Takes Action Against Processor for Alleged Hemp Processing and Compliance Violations; Finalizes Non-Renewal of License

The Michigan Cannabis Regulatory Agency (CRA) has announced the nonrenewal of a processor license for Sky Labs, LLC, due to numerous formal complaints brought against them dating back to 2021, with the most recent filed in Januaryof this year.

Why it Matters: Michigan cannabis operators face a complex regulatory environment. Compliance must be comprehensive and consistent across all aspects of operations. This case serves as a reminder (and opportunity) to review and strengthen compliance programs.

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  1. Ten Reasons Why You May Want to Consider a Family Cottage Succession Plan

The goal of cottage succession planning is to set up legal ground rules that provide the best chance to keep a cottage in the family for future generations.

Why it Matters: A cottage plan usually addresses concerns through the creative use of a limited liability company (LLC), or a trust (typically used for more favorable treatment associated with the uncapping of taxable value), to own the property. Learn more from cottage law attorney Mark Kellogg.

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  1. Michigan Cannabis Exceeds $261 Million in June ‘25

Cannabis sales surpassed $261 million in June 2025, via the monthly report from the Michigan Cannabis Regulatory Agency. Michigan adult-use sales came in at $260,643,824.84, while medical sales came in at $487,087.33, totaling $261,130,912.17.

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.

Related Practice Groups and Professionals

Insurance | Dakota Larson
Cannabis Law | Sean Gallagher
Cottage Law | Mark Kellogg

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

Five Stories That Matter in Michigan This Week – June 13, 2025

  1. Supreme Court Eliminates Higher Burden for “Reverse Discrimination” Claims

The U.S. Supreme Court unanimously ruled in Ames v. Ohio Department of Youth Services that employees claiming workplace discrimination face the same burden of proof regardless of whether they belong to a majority or minority group. The decision overturned the “background circumstances” rule that required straight employees and other majority group members to meet a higher standard when proving discrimination under Title VII.

Why it Matters: This ruling creates a uniform standard for Title VII discrimination cases and may lead to increased reverse discrimination claims in the workplace. Employers should prepare for potential challenges to diversity, equity, and inclusion initiatives, as majority group members can now more easily assert discrimination claims without having to prove unusual circumstances that suggest their employer discriminates against the majority.

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  1. Right to Withhold Rent for Repairs Bills Head to Senate Floor

Legislators have introduced the “Tenant Empowerment Package” which includes Senate Bills 19 through 22. In the package, it would require landlords to begin repairs on defective appliances or hazardous situations within 24 hours upon written notice from the renter. If the repairs have not started within 24 hours, the renter has the ability to withhold rent until the repairs are done, or they’re able to start repairs themselves, and deduct the costs from their rent.

Why it Matters: The bills would have a direct fiscal impact on the State, local governments, or local court systems. They could reduce evictions for local systems, which would have indirect benefits related to homelessness, productivity, and tax revenue.

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  1. Michigan CRA Publishes April ’25 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 April 2025 was $62.23, a decrease from $65.14 in March 2025. This is a decrease from April 2024, where the average price was $86.61.

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. Duty to Defend and Indemnify

When an insurer receives a claim, the question of whether it will defend and/or indemnify is easier to answer in some cases than others. When interpreting an insurance policy, there are two questions involved: (1) Does the policy provide coverage?; and (2) If the policy provides coverage, is there an exclusion that negates the coverage?

Why it Matters: Although an insurer may deny coverage and in turn, decline to provide a defense, it should not do so unless it is very clear that none of the allegations are covered under the policy at issue. It is also important for insurers to consider whether the policy language might be governed by the laws of a different state. Read more from your Fraser Trebilcock attorney.

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  1. Ensuring Your Business is Protected Through Copyright

Whether it is a symbol that you use for branding or a formula that makes your product unique, your intellectual property assets need to be protected. Some of the most recognizable forms of intellectual property fall under copyrights, patents, and trademarks.

Why it Matters: A copyright is the exclusive legal protection that covers an original work of authorship, and it can be difficult to enforce your copyright if the work is not registered with the U.S. Copyright Office. Our copyright law attorneys can help you think through the issues and take the actions necessary to ensure your work and business are protected. Learn more.

Related Practice Groups and Professionals

Labor, Employment & Civil Rights | David Houston
Real Estate | Jared Roberts
Cannabis Law | Sean Gallagher
Insurance | Dakota Larson
Intellectual Property | Andrew Martin

Five Stories That Matter in Michigan This Week – June 6, 2025

  1. IRS Announces 2026 Health Plan Contribution Limits

On May 1, 2025, the IRS released Revenue Procedure 2025-19, announcing modest inflation-adjusted increases to health savings account contribution limits and other health plan parameters for 2026. Key changes include HSA contribution limits rising to $4,400 for self-only coverage (up from $4,300) and $8,750 for family coverage (up from $8,550), while high-deductible health plan minimum deductibles increased to $1,700 for individuals and $3,400 for families.

Why it Matters: These increases are smaller than previous years’ adjustments, reflecting current inflation trends that directly impact employee benefit planning. Employers should review their 2026 benefit designs and employee communications to incorporate these new limits, ensuring compliance and maximizing tax-advantaged savings opportunities for their workforce.

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  1. Duty to Defend and Indemnify

When an insurer receives a claim, the question of whether it will defend and/or indemnify is easier to answer in some cases than others. When interpreting an insurance policy, there are two questions involved: (1) Does the policy provide coverage?; and (2) If the policy provides coverage, is there an exclusion that negates the coverage?

Why it Matters: Although an insurer may deny coverage and in turn, decline to provide a defense, it should not do so unless it is very clear that none of the allegations are covered under the policy at issue. It is also important for insurers to consider whether the policy language might be governed by the laws of a different state. Read more from your Fraser Trebilcock attorney.

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  1. Ensuring Your Business is Protected Through Copyright

Whether it is a symbol that you use for branding or a formula that makes your product unique, your intellectual property assets need to be protected. Some of the most recognizable forms of intellectual property fall under copyrights, patents, and trademarks.

Why it Matters: A copyright is the exclusive legal protection that covers an original work of authorship, and it can be difficult to enforce your copyright if the work is not registered with the U.S. Copyright Office. Our copyright law attorneys can help you think through the issues and take the actions necessary to ensure your work and business are protected. Learn more.

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  1. Michigan Cannabis Exceeds $270 Million in April ’25

Cannabis sales surpassed $270 million in April 2025, via the monthly report from the Michigan Cannabis Regulatory Agency. Michigan adult-use sales came in at $269,957,758.67, while medical sales came in at $515,226.93, totaling $270,472,985.60.

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. Gain Peace of Mind Through Life’s Toughest Obstacles

When facing charges of any kind, criminal law experience matters most. You need someone on your side with inside knowledge to provide guidance for a solid defense, and someone who understands the extreme sensitivity of criminal law cases and act in a timely manner to resolve issues.

Why it Matters: Our attorneys have extensive experience representing individuals and businesses in all stages of criminal proceedings. We will keep you informed of your best options and strategies every step of the way, finding a resolution with a foundation that will help you move forward. Learn more.

Related Practice Groups and Professionals

Insurance | Dakota Larson
Intellectual Property | Andrew Martin
Cannabis Law | Sean Gallagher
Criminal Law | Robert Andretz

Five Stories That Matter in Michigan This Week – May 30, 2025

  1. Michigan Proposes Real-Time Cannabis Business Monitoring Requirements

Michigan regulators are considering new adult-use cannabis regulations that would require businesses to provide real-time access and live monitoring through web-based portals, according to MLive. The proposed rules would mandate that cannabis operations maintain comprehensive records of sales, shipping, and access activities, while storing at least 30 days of footage that must be readily available to regulators upon request.

Why it Matters: These enhanced monitoring requirements represent a significant expansion of regulatory oversight that could increase compliance costs and operational complexity for cannabis businesses.

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  1. Michigan Cannabis Industry Seeks Regulatory Reform Amid Market Crisis

Michigan’s cannabis industry continues to struggle with profitability, with flower prices falling 77% since legalization in 2019, dropping from $512 to under $65 per ounce. At a recent Michigan Senate Regulatory Affairs Committee hearing, Cannabis Regulatory Agency Director Brian Hanna warned of industry consolidation and business failures without significant changes. The hearing identified three critical areas for reform: implementing a moratorium on new grower licenses, addressing unregulated hemp-derived THC products, and reducing excessive regulatory fines.

Why it Matters: With nearly 40,000 industry employees and more than $300 million generated in state tax revenue, the stakes for Michigan’s cannabis market are high. According to testimony at the hearing, without these proposed reforms, the industry faces potential widespread consolidation, reduced product variety, and diminished opportunities for social equity licensees, among other implications.

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  1. NLRB Establishes Standard for Workplace Rules

The National Labor Relations Board (NLRB) has issued a ruling in Stericycle Inc., adopting a new legal standard for evaluating the lawfulness of employer work rules. Under the previous standard, an employer was not required to narrowly tailor its rules to promote its legitimate and substantial business interests without unnecessarily burdening employee rights.

Why it Matters: Workplaces may need to review existing policies to their employee handbooks to ensure compliance, and tailor their workplace rules to service legitimate business interests. Read more from your Fraser Trebilcock attorney.

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  1. Fraser Trebilcock Attorneys Secure Victory for Firm Client

The litigation team of ​Thaddeus E. Morgan and ​Andrew G. Martin obtained dismissal of a case for the firm’s client.

Why it Matters: The litigation team obtained dismissal of a case alleging assumption of a contract as part of a business acquisition rejecting plaintiff’s claim of the “mere continuation” doctrine. Learn more.

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  1. Thaddeus E. Morgan Recognized as a ‘Michigan Go To Lawyer’ for Construction Law in 2025 by Michigan Lawyers Weekly

Fraser Trebilcock Shareholder Thaddeus E. Morgan has been recognized by Michigan Lawyers Weekly as a ‘Michigan Go To Lawyer” in 2025 for Construction Law. “I am honored to have been recognized by Michigan Lawyers Weekly as a ‘Michigan Go To Lawyer’ for Construction Law,” said Mr. Morgan.

Why it Matters: Mr. Morgan is President of Fraser Trebilcock and has over 30 years of litigation experience in both state and federal courts in a wide variety of areas, including, commercial and business disputes, employment and shareholder litigation, construction, health care, real estate, insurance, and intellectual property. He is a former assistant prosecutor and assistant attorney general. Read more.

Related Practice Groups and Professionals

Cannabis Law | Sean Gallagher
Labor, Employment & Civil Rights | David Houston
Litigation | Thad Morgan
Litigation | Andrew Martin
Construction Law | Thad Morgan

Five Stories That Matter in Michigan This Week – May 9, 2025

  1. Michigan Proposes Ban on Noncompete Agreements

Earlier this year, Michigan legislators introduced House Bill 4040, which aims to prohibit employers from implementing or enforcing noncompete clauses in employment contracts. The proposed legislation contains narrow exceptions only for situations involving the sale of business ownership interests or when an employee is responsible for selling the majority of a company’s assets.

Why it Matters: The proposed legislation comes amid significant national attention on noncompete agreements following the FTC’s attempted ban and the subsequent nationwide injunction blocking its enforcement. This has prompted many states to reconsider their noncompete policies. If passed, Michigan would join a select group of states including California, Minnesota, North Dakota, and Oklahoma. We will continue to monitor for new developments regarding this legislation.

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  1. Navigating Through Life’s Toughest Obstacles

When facing charges of any kind, criminal law experience matters most. You need someone on your side with inside knowledge to provide guidance for a solid defense. We have extensive experience representing individuals and businesses in all stages of criminal proceedings.

Why it Matters: Helping clients for more than two decades, Rob is an experienced criminal defense and professional licensing attorney who has successfully represented clients in both state and federal courts in felony and misdemeanor cases in more than 50 counties across the state of Michigan. He is passionate about what he does, and, understanding the direct and collateral consequences that a criminal conviction or professional licensing sanction can bring, he compassionately works with his clients to focus on what matters most to them. Learn more.

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  1. Michigan’s First Quarter Cannabis Sales in 2025 Hits $766 Million

In Michigan, total first quarter sales in 2025 for adult-use and medical cannabis totaled $766,198,323.48.

Why it Matters: Though there are reports of declining sales of cannabis starting in 2025, the prices of cannabis and cannabis-related products continue to decrease and make consumers happy. Growers on the other hand are seeing profits decrease.

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  1. NLRB Establishes Standard for Workplace Rules

The National Labor Relations Board (NLRB) has issued a ruling in Stericycle Inc., adopting a new legal standard for evaluating the lawfulness of employer work rules. Under the previous standard, an employer was not required to narrowly tailor its rules to promote its legitimate and substantial business interests without unnecessarily burdening employee rights.

Why it Matters: Workplaces may need to review existing policies to their employee handbooks to ensure compliance, and tailor their workplace rules to service legitimate business interests.

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  1. Ensuring Your Business is Secure Through Patent Protection

Whether it is a symbol that you use for branding or a formula that makes your product unique, your intellectual property assets need to be protected. Some of the most recognizable forms of intellectual property fall under copyrights, patents, and trademarks.

Why it Matters: A patent is a legal monopoly for protecting a utilitarian device, system, machine, composition or process. When should you file? Timing is of the essence to prevent a competitor from winning the race to the Patent Office. Our patent law attorneys can help you think through the issues and take the actions necessary to ensure your work and business are protected. Learn more.

Related Practice Groups and Professionals

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

Five Stories That Matter in Michigan This Week – April 18, 2025

  1. Michigan Supreme Court Upholds Contract Law Principles in Kircher Decision

On March 27, 2025, the Michigan Supreme Court unanimously ruled in Kircher v. Boyne USA, Inc. that the implied covenant of good faith and fair dealing does not create an independent cause of action under Michigan law.

Why it Matters: By clarifying that the good faith covenant cannot be used as a standalone basis for litigation, the Court has reinforced traditional contract interpretation principles, providing greater certainty for businesses and individuals entering contractual relationships while potentially limiting avenues for parties seeking to challenge otherwise valid agreements.

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  1. How to Calculate Post Judgment Interest Rates in Michigan

Michigan post judgment interest rates are often considered a confusing aspect of determining the value of a final judgment.

Why it Matters: If an attorney does not understand how to determine the value of a post judgment interest, they are leaving money on the table that could otherwise be in their client’s pockets. Read more from your Fraser Trebilcock attorney.

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  1. A Health Professional’s Guide to Navigating the Disciplinary Process: What to Expect if You Are Facing a Professional Licensing Investigation or Administrative Complaint

Health professionals are committed to caring for patients with expertise, compassion, and integrity. However, in the heavily regulated healthcare field, those professionals can sometimes find themselves navigating not just the medical challenges of their patients but licensing issues of their own as well. Licensing issues can arise unexpectedly, and, when they do, they can cause tremendous stress and uncertainty.

Why it Matters: As an attorney with years of experience handling professional licensing matters for health professionals, Robert J. Andretz has witnessed firsthand how professional licensing investigations and Administrative Complaints can disrupt health professionals’ careers and their ability to provide patient care. He will explore how to navigate the disciplinary process in Michigan so that you can know what to expect if you are ever faced with a threat to your license. Learn more.

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  1. Michigan Cannabis Exceeds $276 Million in March ‘25

Cannabis sales surpassed $276 million in March 2025, via the monthly report from the Michigan Cannabis Regulatory Agency. Michigan adult-use sales came in at $276,290,892.17, while medical sales came in at $655,117.62, totaling $276,946,009.76.

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: From Inbox to Impact – Optimize Email Marketing and Website Performance

Creating impactful email campaigns using 2025’s best practices while keeping your subscribers engaged and avoiding outdated pitfalls is essential for businesses in this day and age. On top of that, you need to make sure that your website and digital presence is up to date and active.

Why it Matters: During the May Business Education Series facilitated by Jacki Krumnow of Now Marketing and Joe Ford of Netvantage SEO, this session will help you measure website health and digital campaign performance effectively, as well as creating impactful email campaigns. Whether you’re starting fresh or refining your approach, this session is packed with actionable insights, tools, and insider advice to boost your marketing efforts. Learn more.

Related Practice Groups and Professionals

Business & Tax | Andrew Martin
Professional Licensing | Robert Andretz
Cannabis Law | Sean Gallagher

Five Stories That Matter in Michigan This Week – April 4, 2025

  1. Real ID Deadline is May 7, 2025

Beginning May 7, 2025, Michigan residents will need to present a REAL ID-compliant document to fly within the United States and enter certain federal facilities to comply with federal law.

Why it Matters: The requirement arose from a 2005 law passed by Congress to establish nationwide security standards for state-issued identification documents.

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  1. Fraser Trebilcock Attorney Obtains Complete Dismissal for Firm Client

Fraser Trebilcock Shareholder and Firm Secretary Jared A. Roberts recently obtained complete dismissal of a Bureau of Professional Licensing Complaint for the firm’s client.

Why it Matters: In this instance, the real estate salesperson’s meticulous preservation of all documents, emails, and text messages were key to establishing a timeline that disproved the allegations. Mr. Roberts advises real estate salespeople to preserve everything and move every scrap into their digital deal file after closing. Read more.

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  1. Michigan Cannabis Exceeds $241 Million in February ‘25

Cannabis sales surpassed $241 million in February 2025, via the monthly report from the Michigan Cannabis Regulatory Agency. Michigan adult-use sales came in at $241,295,133.97, while medical sales came in at $631,498.46, totaling $241,926,632.43.

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 Update: U.S. Companies No Longer Needed to Report

On Friday, March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule regarding the Corporate Transparency Act (CTA), revising the definition of “reporting company” such that entities formed under the laws of any U.S. State or Tribal jurisdiction likely will not have to file a beneficial owner information report (BOIR).

Why it Matters: Through this interim final rule, all entities created in the United States, including those previously known as “domestic reporting companies,” and their beneficial owners will be exempt from the requirement to report BOI to FinCEN. Read more.

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  1. U.S. Court of Appeals Rules on AI-Generated Copyright Eligibility

On March 18, 2025, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision for Thaler v. Perlmutter, which addressed whether a work created autonomously by artificial intelligence (AI) is eligible for copyright protection.

Why it Matters: This case reaffirms the prevailing legal principle that copyright protection is reserved for works created by humans. As AI continues to evolve, questions about the extent of human involvement necessary for copyright eligibility remain open for future consideration. ​ Indeed, the question will be directly addressed in the upcoming case in Allen v. Perlmutter in the District Court of Colorado. Read more.

Related Practice Groups and Professionals

Real Estate | Jared Roberts
Cannabis Law | Sean Gallagher
Business & Tax | Robert D. Burgee
Intellectual Property | Andrew Martin

Five Stories That Matter in Michigan This Week – March 28, 2025

  1. FinCEN Update: U.S. Companies No Longer Needed to Report

On Friday, March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule regarding the Corporate Transparency Act (CTA), revising the definition of “reporting company” such that entities formed under the laws of any U.S. State or Tribal jurisdiction likely will not have to file a beneficial owner information report (BOIR).

Why it Matters: Through this interim final rule, all entities created in the United States, including those previously known as “domestic reporting companies,” and their beneficial owners will be exempt from the requirement to report BOI to FinCEN. Read more.

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  1. U.S. Court of Appeals Rules on AI-Generated Copyright Eligibility

On March 18, 2025, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision for Thaler v. Perlmutter, which addressed whether a work created autonomously by artificial intelligence (AI) is eligible for copyright protection.

Why it Matters: This case reaffirms the prevailing legal principle that copyright protection is reserved for works created by humans. As AI continues to evolve, questions about the extent of human involvement necessary for copyright eligibility remain open for future consideration. ​ Indeed, the question will be directly addressed in the upcoming case in Allen v. Perlmutter in the District Court of Colorado. Read more.

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  1. Michigan CRA Publishes February ’25 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 February 2025 was $65.21, a decrease from $66.50 in January 2025. This is a decrease from February 2024, where the average price was $91.94.

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: Anatomy of a Data Breach

Data breaches can wreak havoc on your company and almost always lead to litigation. With each new breach, we gain valuable insight into what companies could have done better. Your legal, contractual, and business obligations can sometimes be confusing and in conflict with each other.

Why it Matters: During the April Business Education Series facilitated by Nate Steed and Kelly R. Hollingsworth, this session will examine recent cases and best practices to protect your company from a breach including: lessons learned from recent data breaches; proactive strategies to insulate your business. Learn more.

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  1. Elizabeth M. Siefker Selected as a Member of Michigan Lawyers Weekly “Up & Coming Lawyers Class of 2025”

Fraser Trebilcock attorney ​Elizabeth M. Siefker has been selected as a member of Michigan Lawyers Weekly’s “Up & Coming Lawy​ers Class of 2025.” This special award recognizes those who have excelled in the profession and are standouts among their peers — all in their first 10 years of practice.

Why it Matters: Ms. Siefker focuses her practice on estate planning, elder law, guardianships and conservatorships, probate litigation, and tax planning. With experience assisting clients in every aspect of the estate planning process, she understands that each plan will be unique to the client’s situation. Ms. Siefker is included in Super Lawyers® as a “Michigan Rising Star” in Estate & Probate, and received the American Jurisprudence Award for civil procedure, contracts, first amendment, and torts. She is an active member of several legal organizations, having previously served on the Board of Directors of the Women Lawyers Association of Mid-Michigan as the Regional Representative. Read more.

Related Practice Groups and Professionals

Business & Tax | Robert D. Burgee
Intellectual Property | Andrew Martin
Cannabis Law | Sean Gallagher
Elizabeth Siefker

Five Stories That Matter in Michigan This Week – March 21, 2025

  1. Corporate Transparency Act BOI Reporting Requirements Deadline is Here

Friday, March 21, 2025, is the deadline for most reporting companies to file their beneficial ownership information (BOI) reports as required by FinCEN under the Corporate Transparency Act (CTA).

Why it Matters: While there is pending legislation that would delay the enforcement of the CTA until January 1, 2026, companies should adhere to the reporting requirements now to avoid any fines or penalties. Contact your Fraser Trebilcock attorney if you have any questions or need assistance.

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  1. Elizabeth M. Siefker Selected as a Member of Michigan Lawyers Weekly “Up & Coming Lawyers Class of 2025”

Fraser Trebilcock attorney ​Elizabeth M. Siefker has been selected as a member of Michigan Lawyers Weekly’s “Up & Coming Lawy​ers Class of 2025.” This special award recognizes those who have excelled in the profession and are standouts among their peers — all in their first 10 years of practice.

Why it Matters: Ms. Siefker focuses her practice on estate planning, elder law, guardianships and conservatorships, probate litigation, and tax planning. With experience assisting clients in every aspect of the estate planning process, she understands that each plan will be unique to the client’s situation. Ms. Siefker is included in Super Lawyers® as a “Michigan Rising Star” in Estate & Probate, and received the American Jurisprudence Award for civil procedure, contracts, first amendment, and torts. She is an active member of several legal organizations, having previously served on the Board of Directors of the Women Lawyers Association of Mid-Michigan as the Regional Representative. Read more.

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  1. Michigan Cannabis Industry Faces Price Pressure Despite High Sales Volume

According to the Michigan Cannabis Regulatory Agency, Michigan cannabis sales reached $241.3 million in February, down 7.6% year-over-year, with adult-use sales decreasing 4.7% to $246.6 million while medical sales fell 71.1% to just $0.6 million. The average flower price hit a new low of $1,043 per pound, falling 29.1% from last year and 2.0% from January.

Why it Matters: While Michigan’s cannabis market maintains substantial sales volume (despite a slight 3.0% decline in early 2025), the continuing downward trend in prices is creating significant profitability challenges for industry operators. Expanding supply and competition are forcing cannabis businesses to adapt to thinner margins and more challenging business conditions.

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  1. Michigan Supreme Court Upholds Victory for Firm’s Client

Fraser Trebilcock attorneys Michael P. Donnelly and Laura S. Faussié successfully represented a fiber optic company before the Michigan Supreme Court. On January 24, 2025, the Court, after hearing oral argument from the parties, denied an application for leave to appeal in a case involving the firm’s client, a fiber optic company, effectively upholding the lower courts’ decisions in the client’s favor. The case addressed whether a fiber optic or other telecommunication company was required to obtain permission from, and pay large fees to, a railroad company before installing fiber optic cables under their tracks located at public crossings.

Why it Matters: In a 5-1 decision, with one justice not participating, the Supreme Court left in place the Michigan Court of Appeals’ ruling that the fiber optic company could proceed with installing underground cables beneath railroad tracks at public road crossings after obtaining necessary municipal permits, without requiring additional permission from or fees to the railroad company. Read more.

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  1. Business Education Series: Anatomy of a Data Breach

Data breaches can wreak havoc on your company and almost always lead to litigation. With each new breach, we gain valuable insight into what companies could have done better. Your legal, contractual, and business obligations can sometimes be confusing and in conflict with each other.

Why it Matters: During the April Business Education Series facilitated by Nate Steed and Kelly R. Hollingsworth, this session will examine recent cases and best practices to protect your company from a breach including: lessons learned from recent data breaches; proactive strategies to insulate your business. Learn more.

Related Practice Groups and Professionals

Business & Tax | Robert D. Burgee
Elizabeth Siefker
Cannabis Law | Sean Gallagher
Litigation | Michael Donnelly
Litigation | Laura Faussié