Author Info for Kerr Russell

Robert Anderson

Immigration Insider | March 2024

Effective April 1, 2024, there will be significant changes to filing fees associated with most immigration-related applications to U.S. Citizenship and Immigration Services (USCIS). The increases are partially because the last…more

ACWIA, Employment Authorization Documents (EAD), Filing Fees, Foreign Workers, H-1B

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Cody Attisha

Tax Tips for 2022

All businesses, whether large or small, should frequently evaluate strategies for minimizing their overall tax burden. Here are a few tips that businesses may consider implementing to achieve such tax savings. Originally…more

Business Taxes, C-Corporation, Double Taxation, For-Profit Corporations, Legal Entity Identifiers

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Jason Bank

Subchapter V Debt Limit Set to Expire in June 2024: What This Means for Small Businesses

The Small Business Reorganization Act (SBRA), enacted in 2020, codified Subchapter V of Chapter 11 of the U.S. Bankruptcy Code. Subchapter V was enacted to provide a more efficient and affordable process for small businesses…more

American Bankruptcy Institute, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Debtors

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William Blasses

Back In The Deep End – Managing Risk In Uncertain Times

While none of the current economic data indicates an imminent recession, we need look no further than the financial conditions of 2006 and 2007 to see how quickly the tide of the economy can shift. Warren Buffett once famously…more

Business Closures, Clawbacks, Default, Economic Downturn, Financial Distress

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Kevin Block

Adjustments To Net Working Capital For A Business Transaction: The Art And The Science

Generally, net working capital is determined by subtracting the business’ current liabilities from its current assets, excluding cash. Transactions are commonly structured on a “cash free” basis with the seller retaining the…more

Business Assets, Business Valuations, Buyers, Financial Transactions, Liability

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Conor Bowers

Tax Exempt Entities May be Eligible to Receive Direct Cash Payments of Tax Credits

Section 6417 of the Internal Revenue Code was added by the Inflation Reduction Act of 2022 (IRA). The section provides that eligible taxpayers may make an election to claim certain clean energy credits even though they have no…more

Cash Transactions, Energy Projects, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Tax Credits

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Richard Buslepp

Alabama Court Declares Corporate Transparency Act Unconstitutional

On March 1, 2024, a federal district court in Alabama entered a final declaratory judgment, finding the Corporate Transparency Act (CTA) unconstitutional and enjoining the Department of the Treasury and Financial Crimes…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Injunctions

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James DeLine

Lordstown Motors Vs Foxconn: 3 Takeaways For Automakers

As part of its bankruptcy filing, Lordstown sued its strategic partner, Taiwan’s Foxconn, for allegedly setting in motion the circumstances that drove Lordstown into bankruptcy. Lordstown’s lawsuit teaches valuable lessons. …more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Contract Terms, Electric Vehicles

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Chaoyi Ding

The Interesting “Foreign Person” Status Under CFIUS

CFIUS has the authority to review any transaction that could result in foreign control of a US business, certain non-controlling investments and certain real estate transactions. This includes mergers, acquisitions, and joint…more

CFIUS, Failure-to-File, Foreign Entities, Foreign Governments, Foreign Investment

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Alex Dombrow

Prohibition on Non-Compete Clauses Applies to Equity-Based and Compensation-Based Agreements

In April, the Federal Trade Commission released its final rule banning most non-compete clauses between companies and their employees and independent contractors. Unless the rule is enjoined by a court, it will take effect…more

Employment Contract, Executive Compensation, Federal Trade Commission (FTC), Final Rules, Independent Contractors

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Daniel Ferris

Moving Past Lights and Sirens: Considerations at the Outset of a Corporate Investigation

The exigent circumstances that are often present at the outset of a corporate investigation may not lend themselves to calm contemplation, yet it is especially important that attorneys give thoughtful consideration to the unique…more

Attorney-Client Privilege, Client Services, Compliance, Corporate Governance, Depositions

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John Gatti

The Significance Of Purchase Price Allocation

Section 1060 and its associated regulations require that buyers and sellers use the “residual” method to allocate the purchase price, which includes not only the cash consideration paid but also assumed liabilities. Pursuant to…more

Buyers, Competition, Fair Market Value, Goodwill, Internal Revenue Code (IRC)

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Patrick Haddad

“Now What?”: Supreme Court’s COVID-19 Executive Order Decision

The Supreme Court’s decision does not mean that businesses and individuals in Michigan may return to pre-COVID-19 behavior or ignore Executive Order standards which have an independent legal basis. Employers, businesses, and…more

Business Closures, Coronavirus/COVID-19, Emergency Management Plans, Emergency Powers, Executive Orders

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Olivia Hankinson

AI In The Workplace: Helpful Or Harmful?

Most of us use artificial intelligence (AI) every single day without even thinking about it. We open our phones with face ID, we ask Alexa to set an alarm, we scroll through our social media algorithms, we rely on spellcheck to…more

Algorithms, Artificial Intelligence, Bias, Civil Rights Act, Confidential Information

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Fred Herrmann

FTC Ban on Non-competes Will Expand Trade Secrets Litigation

The final rule is the anticipated result of years of workshops on the topic, and follows the FTC’s January 19, 2023 proposed rule and 90-day public comment period. Enactment of a federal ban is not surprising, given that many…more

CEOs, Federal Trade Commission (FTC), Misappropriation, Non-Compete Agreements, Sensitive Business Information

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Rachel Hanson-Hervey

Should You Respond to a Notice of Intent to File a Medical Malpractice Action?

In Michigan, a claimant must provide each allegedly negligent healthcare professional or facility with advance notice of the suit before commencing a medical malpractice action. The “notice of intent” must describe what…more

Breach of Duty, Health Care Providers, Healthcare Facilities, Medical Malpractice, Notice of Intent

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Lisa Hysni

Commercial Lease Terminations in Michigan

Aside from the contractually agreed upon early termination clauses (whether fault-based or based upon economics, business needs or other factors) and a landlord’s statutory remedy of terminating a lease due to non-payment of…more

Breach of Contract, Commercial Leases, Commercial Tenants, Constructive Discharge, Covenant of Quiet Enjoyment

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Paul Indyk

Hospitals May Face Increased Liability Under Michigan Supreme Court Decision

In the recent case of Markel v. William Beaumont Hospital, 982 N.W.2d 151 (2022), the Michigan Supreme Court changed the analysis for claims alleging that a hospital is vicariously liable for a non-employee’s alleged negligence…more

Agents, Emergency Rooms, Health Care Providers, Hospitals, Liability

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Jacquelyn Klima

The Value Of An Appeal

Of course, each case must be analyzed based on its own facts, the strength of the legal positions, the amount of money at issue, and any long-term ramifications of the result. In addition, there are limited grounds for relief…more

Appeals, Appellate Courts, Attorney's Fees, De Novo Standard of Review, Triable Issue of Fact

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Mark Knoth

Michigan’s Reinstituted Prevailing Wage Law Will Go Into Effect Soon

On March 24, 2023, Governor Whitmer signed into law a bill reinstituting Michigan’s Prevailing Wage Act (the “Act”) that will take effect in March of 2024. Previously, a prevailing wage law was in effect in Michigan from 1965…more

Executive Orders, Federal Contractors, Governor Whitmer, Prevailing Wages, State Employees

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Danielle Kus

Subchapter V Debt Limit Set to Expire in June 2024: What This Means for Small Businesses

The Small Business Reorganization Act (SBRA), enacted in 2020, codified Subchapter V of Chapter 11 of the U.S. Bankruptcy Code. Subchapter V was enacted to provide a more efficient and affordable process for small businesses…more

American Bankruptcy Institute, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Debtors

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Eric Lark

Alabama Court Declares Corporate Transparency Act Unconstitutional

On March 1, 2024, a federal district court in Alabama entered a final declaratory judgment, finding the Corporate Transparency Act (CTA) unconstitutional and enjoining the Department of the Treasury and Financial Crimes…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Injunctions

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Kenneth Lombardo

Preparing Your Business for Sale

The sale process can be a long, stressful, physically and emotionally draining, and disruptive to ongoing business operations. Planning well in advance of the desired sale date and engaging experienced professional advisors will…more

Books & Records, Business Taxes, Business Valuations, Buyers, Due Diligence

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Kate McCarroll

Immigration Insider | March 2024

Effective April 1, 2024, there will be significant changes to filing fees associated with most immigration-related applications to U.S. Citizenship and Immigration Services (USCIS). The increases are partially because the last…more

ACWIA, Employment Authorization Documents (EAD), Filing Fees, Foreign Workers, H-1B

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Kevin McQuillan

Five Tips To Prepare For Civil Litigation

These apply equally to governments, private companies, and individuals of all backgrounds facing litigation. Following these tips should foster better relationships with counsel, and potentially lead to lower costs, and earlier…more

Claims Adjusters, Consultation, Discovery, Electronically Stored Information, Liability Insurance

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Abram Miller

AI In The Workplace: Helpful Or Harmful?

Most of us use artificial intelligence (AI) every single day without even thinking about it. We open our phones with face ID, we ask Alexa to set an alarm, we scroll through our social media algorithms, we rely on spellcheck to…more

Algorithms, Artificial Intelligence, Bias, Civil Rights Act, Confidential Information

See all updates »

Amanda Phillips (Pierzynski)

Alabama Court Declares Corporate Transparency Act Unconstitutional

On March 1, 2024, a federal district court in Alabama entered a final declaratory judgment, finding the Corporate Transparency Act (CTA) unconstitutional and enjoining the Department of the Treasury and Financial Crimes…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Injunctions

See all updates »

Matthew Powell

Price Collusion in the Crosshairs

There has been a spate of legislation and lawsuits targeting the use of software that gives visibility to competitors’ prices. This allows firms to adjust their prices, either undercutting the competition or setting a de facto…more

Algorithms, Anticompetitive Behavior, Class Action, Collusion, Competition

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Miroslava Orduño Rincón

Immigration Insider | March 2024

Effective April 1, 2024, there will be significant changes to filing fees associated with most immigration-related applications to U.S. Citizenship and Immigration Services (USCIS). The increases are partially because the last…more

ACWIA, Employment Authorization Documents (EAD), Filing Fees, Foreign Workers, H-1B

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Daniel Schulte

Don’t Overlook Corporate Transparency Act Compliance

Question: My accountant and other are telling me there is some federal government filing that I must make by the end of the year. My personal information is being sought. Can you explain what this is all about, whether I have to…more

Beneficial Owner, Compliance, Constitutional Challenges, Corporate Transparency Act, FinCEN

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Maxwell Shuart

Recently Married? Consider These Steps To Protect Your Future

In Michigan, the process for an individual to take their spouse’s last name is fairly simple, but does require taking action with both the Social Security Administration (SSA) and Michigan Secretary of State. The first step…more

Beneficiaries, Estate Planning, Marital Assets, Marriage, Name Changes

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Michael Sneyd

Intellectual Property Audits — Do You Have A Plan To Protect Your Intellectual Property?

Your company’s intellectual property and confidential information can be among its most valuable assets. Whether the company is a newly formed start-up or it has been in business for many years, it must be proactive in the…more

Brand, Confidential Information, Counterfeit Goods Regulation, Domain Names, Hiring & Firing

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Mark Stasa

New Law Extends Paid Leave Tax Credits, Other Relief

The Consolidated Appropriations Act of 2021 (the Act) was signed into law on December 27, 2020. Among its many extenders, the Act provides employers the option to continue paid leave through March 31, 2021 and receive a tax…more

Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, EFMLA, EPSLA, Families First Coronavirus Response Act (FFCRA)

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Lauri Stewart

New Rule Puts Hospitals At Greater Risk Of Liability

On December 7, 2022, the Michigan Supreme Court decided Markel v Beaumont Hospital, 982 NW2d 151 (2022). In a 4-3 decision, the court offered a novel interpretation of Grewe which, in the words of dissenting Justice David…more

Agents, Emergency Rooms, Health Care Providers, Hospitals, Liability

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Richard Stokan

Changes To Open And Obvious Doctrine Impacts Premises Liability Law

In Hoffner v Lanctoe, 492 Mich 450, 460-461; 821 NW2d 88 (2012), the Michigan Supreme Court explained that a “possessor of land owes no duty to protect or warn of dangers that are open and obvious because such dangers, by their…more

Duty to Maintain, Duty to Warn, Liability, MI Supreme Court, Premises Liability

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Kathleen Westfall

Before You Sign—Minimizing Medical Director Liability Exposure

Whether at a hospital, nursing home, surgical center or private office, physicians are encountering “Medical Director” opportunities more frequently than ever before. While physicians may be intrigued by the title, compensation…more

Compliance, Health Care Providers, Healthcare, Liability, Medical Directors

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Kerr Russell

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