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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Related Practice Groups and Professionals 

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

Five Stories That Matter in Michigan This Week – November 22, 2024

  1. Detroit City Council Mulls New Regulations on Cannabis Advertising

The Detroit Free Press recently reported that the Detroit City Council is considering adopting new regulations that would restrict cannabis advertisements. Proposed restrictions include banning ads within 1,000 feet of schools, libraries, and parks, and other “sensitive” areas.

Why it Matters: The proposed ordinance is meant to shield children from such advertising. An ordinance already restricts tobacco companies from advertising 1,000 feet from schools.

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

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

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

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

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

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

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  1. Michigan CRA Publishes October ’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 October was $73.99, a decrease from $78.68 in September. This is a decrease from October 2023, where the average price was $97.62.

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

In a recent decision that clarifies the scope an “addition” for property tax purposes, the Court of Appeals held that installing a new roof on a commercial building constitutes “new construction” that triggers an increase in the property’s taxable value beyond the standard legislative cap.

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

Related Practice Groups and Professionals 

Cannabis Law | Sean Gallagher
Business & Tax | Paul McCord

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

  1. 2025 IRS Benefit Plan Limits: Key Changes Announced

The IRS has released updated benefit plan limits for 2025, including increases to retirement plan contributions. For example, the Section 415 limit will rise from $69,000 to $70,000, while the annual 401(k), 403(b), and 457(b) deferral limit will increase to $23,500.

Why it Matters: Employers must understand and implement these and other new limits to ensure their benefit plans remain compliant and competitive for the upcoming year.

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

In a recent decision that clarifies the scope an “addition” for property tax purposes, the Court of Appeals held that installing a new roof on a commercial building constitutes “new construction” that triggers an increase in the property’s taxable value beyond the standard legislative cap.

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

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  1. Legislation Introduced Requiring License to Sell Tobacco and Vape Products

Legislation introduced this week would require businesses to purchase a three-year license for $1,500 to sell tobacco and vape products, with supporters of the bills citing the continued use of vape products by teens.

Why it Matters: Currently, Michigan is one of ten states that does not have a tobacco retail license. A licensing system would be created and monitored by LARA, which would regularly conduct inspections to ensure no underage sales are taking place. Violations range from misdemeanors, suspended licenses, to forfeiture of license.

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  1. Michigan Legislature Passes Data Center Tax Break Bill

This week, the Michigan House passed a bill that would exempt large data centers from Michigan use tax on equipment.

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

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

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

Related Practice Groups and Professionals

Employee Benefits
Business & Tax | Paul McCord
Energy, Utilities & Telecommunication | Sean Gallagher

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Related Practice Groups and Professionals 

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

Five Stories That Matter in Michigan This Week – November 1, 2024

  1. Michigan Court Rules Conservators Can Choose Lower Purchase Offers Based on Circumstances

In Tomcal v. Beird, a conservator accepted a $300,000 offer (plus $25,000 for personal property) over a potentially higher $305,000-$325,000 offer with contingencies for the sale of an incapacitated person’s real estate, and the Michigan Court of Appeals upheld this decision.

Why it Matters: This ruling establishes that conservators aren’t strictly required to accept the highest monetary offer when selling property, and can consider other factors like timing and certainty of sale when making decisions in the ward’s best interests.

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

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

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

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

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

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

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  1. Record Third Quarter Cannabis Sales in Michigan

Michigan has broken another of their own records in the cannabis industry, August through October, adult-use and medical sales totaled $850,039,220.08, topping last quarter’s amount of $836,999,633.86, making this quarter the highest ever total so far in Michigan.

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. New Law for Siting Renewable Energy and Energy Storage Projects in Takes Effect November 29, 2024

In the fall of last year, HB 5120 (now Public Act 233 of 2023) was enacted. It establishes a new permitting process for large-scale wind, solar, and energy storage projects. The law grants the Michigan Public Service Commission (MPSC) the authority to site such utility-scale renewable energy facilities.

Why it Matters: The law preempts local control over certain aspects zoning and other ordinances for solar energy facilities with a capacity of 50 megawatts or more, wind energy facilities with a capacity of 100 megawatts or more, and energy storage facilities with a capacity of 50 megawatts or more. The law will take effect on November 29, 2024.

Related Practice Groups and Professionals 

Trusts & Estates
Energy, Utilities & Telecommunication | Sean Gallagher
Business & Tax
Cannabis Law | Sean Gallagher