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Homeowners Association Bylaws: Not an End-Around of Existing Covenants

A homeowners association in Michigan, through its bylaws, mandated preapproval of all new development by an architectural control committee, created additional building standards, and required submission of a fee for all plans, none of which were in the restrictive covenants of the neighborhood. Property owners, who were seeking to build homes, sued the homeowners association in an effort to invalidate these new requirements.   more

Michigan Residential Builders: Stop Paying Local Taxes on Unoccupied Buildings!

All Michigan residential builders and Michigan home-owners know that the board of a local school district may levy up to 18 mills for school operating purposes. Thanks to Michigan Legislature, there is now a way for residential builders to be exempt from paying this tax.   more

Join CR Law at the Home Builders Association Tabletop Night!

Visit our booth to meet and reconnect with your Building, Construction, and Real Estate Development Experts!
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CR Law Hosts Livingston County Association of Realtors After Hours: March 1, 5-7 p.m.

Cooper & Riesterer, PLC will host the Livingston County Association of Realtors (LCAR) After Hours networking event at Block Brewing Company in Howell, Michigan, on March 1, 2017, from 5-7 p.m. Please join us! Event details are below and no RSVP is necessary.     more

Michigan Expands Options for Personal Asset Protection

Business owners now have a new way to protect their personal assets. With Governor Snyder’s signing of the Qualified Dispositions in Trust Act (QDTA) on December 5, 2016, Michigan joins 16 other states that permit domestic asset protection trusts (DAPTs). DAPTs are irrevocable trusts which, when drafted and funded correctly, can shield assets in trust from a person’s creditors.   more

New Overtime Rule Delayed, Possibly Scrapped

Businesses, breathe easier: the new overtime rule, most widely known for raising the threshold overtime exemption for salaried employees, originally set to take effect December 1, 2016, may be scuttled altogether. On November 11, 2016 Texas U.S. District Judge Amos Mazzant granted an Emergency Motion for Preliminary Injunction, effectively blocking implementation of the rule. The Department of Labor appealed the decision on December 1, 2016, but recent developments suggest that the new administration may abandon the appeal and the rule altogether. In late January, the Department of Justice, on behalf of the Department of Labor, asked for a pause in the case to allow the new administration to consider its position on the matter.   more

Abby Cooper, CR Law Awarded 2016 Livingston County Association of Realtors Affiliate of the Year

The Livingston County Association of Realtors (LCAR) recently named Abby Cooper, of Cooper & Riesterer, PLC, the 2016 Affiliate of the Year in recognition of Abby's significant contributions to Livingston County Realtors, LCAR, and the real estate profession. Abby serves on several LCAR committees, including the Affiliate Committee, Professional Development Committee, and Forms Committee.   more

Eliminate Non-Competes In Michigan?: HB 4198

Non-compete clauses are often found in employment contracts, whereby the employee normally agrees not to enter into or start a similar business or profession that competes against the employer. From the employer/business owner perspective, non-compete clauses protect a business’s trade secrets and confidential information by preventing employees from quitting one company and working for a competing business, where that employee might be tempted to exploit the trade secrets and confidential information from his/her (now) previous employer. The majority of states recognize and enforce non-compete clauses, with only one state, California, completely rejecting non-compete clauses in all but a few circumstances. The Michigan legislature is now considering whether non-compete clauses, which are typically enforced as long as they are reasonable in scope and protect a legitimate business interest, should be made statutorily unenforceable.   more

Over 240 Arrests By The FBI For Largest Medicare Fraud Bust In History

On June 18, 2015, Attorney General Loretta E. Lynch and Department of Health and Human Services ("HHS”) Secretary Sylvia Mathews Burwell, accompanied by FBI Director James B. Comey and members of the Department of Justice ("DOJ”), announced the largest Medicare fraud bust in history. This bust ended with 243 individuals, including 46 licensed medical professionals, being arrested for their participation in a Medicare fraud scheme that involved roughly $712 million in false billings. Initiated by the Medicare Fraud Strike Force, which is composed of individuals from the DOJ, the HHS, the FBI, and local law enforcement, a nationwide sweep of 17 different districts lead to these arrests. Of these districts, the three highest arrests took place in Miami (30%), Houston (9%), and Detroit (7%).   more

DOJ Announces Record Settlement

On June 16, 2015, the Department of Justice ("DOJ”) announced a record-setting $17 million settlement with a Florida skilled nursing facility over allegations that the facility violated the Antikickback Statute ("AKS”) and False Claims Act ("FCA”).  The AKS (42 U.S.C. § 1320a-7b), a criminal statute with significant civil money penalties attached,  prohibits the exchange of anything of value intended to induce or reward referrals for federal healthcare program business. The False Claims Act (31 U.S.C. §§ 3729–3733) makes a person liable to the United States Government for a civil penalty if that person or company defrauds a government program. With the passage of PPACA, Congress added teeth to the language of the Anti-Kickback Statute by providing that claims submitted in violation of the Anti-Kickback Statute automatically constitute false claims under the False Claims Act. 42 U.S.C. § 1320a-7b(g).   more

The Controversial "Two-Midnight" Rule: Where We've Been And What To Expect When Implementation Begins Later This Year

On April 16, 2015, the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) was signed into law. Among other functions, MACRA further delayed the implementation of the much-anticipated provisions of the 2014 Inpatient Prospective Payment System Final Rule affecting reviews of inpatient admissions, including new guidelines for inpatient admissions known as the "two-midnight” rule, until October 1, 2015. Despite the continued implementation delay and CMS’s efforts to educate providers on significant changes to inpatient billing regulations contained in the new rule, substantial uncertainty remains, both as to the long-term effect on providers as well as the possibility of future changes to Medicare regulations governing inpatient admissions and the Recovery Audit program. Despite this uncertainty about the future of the Medicare Part A regulatory landscape, there are affirmative steps that providers can take which will ameliorate the anticipated impact of the 2014 Inpatient Final Rule when it finally becomes effective for inpatient admissions.   more

CMS Updates On Hospice Election Form, Revocation, And Designation Of Attending Physician

On April 3, 2015, the Center for Medicare & Medicaid Services ("CMS”) issued Change Request 9114 to Medicare Administrative Contractors ("MACs”) implementing the changes finalized in the FY 2015 hospice rule regarding election, revocation, and designation of an attending physician. These changes are effective May 5, 2015.   more

CMS Updates On Hospice Election Form, Revocation, And Designation Of Attending Physician

On April 3, 2015, the Center for Medicare & Medicaid Services ("CMS”) issued Change Request 9114 to Medicare Administrative Contractors ("MACs”) implementing the changes finalized in the FY 2015 hospice rule regarding election, revocation, and designation of an attending physician. These changes are effective May 5, 2015.   more

Medicare "Probe and Educate" Period Extended Through April 30, 2015

The Centers for Medicare & Medicaid Services ("CMS”) recently announced that the Medicare Inpatient "probe and educate” period will be extended through April 30, 2015. Prior to this announcement, the Probe and Educate period was set to expire on March 31, 2015.   more

CMS Issues Stage 3 Meaningful Use Proposed Rule

On March 30, 2015, the Department of Health and Human Services’ Centers for Medicare & Medicaid Services ("CMS”) published a 73-page proposed rule for Stage 3 Meaningful Use (available here), addressing criteria that eligible professionals ("EPs”), eligible hospitals, and critical access hospitals ("CAHs”) must meet in order to receive incentive payments and avoid payment reduction penalties.   more

Dissection of the Final Regulations Under PPACA (IRC 501(R)) For 501(C)(3) Hospitals

The Internal Revenue Service and Department of Treasury recently issued final regulations under Section 501(r) of the Internal Revenue Code (Final Regulations). Section 501(r), added as part of the Patient Protection and Affordable Care Act of 2010 (PPACA), established additional requirements for hospitals exempt from federal income taxation under IRC 501(c)(3) – most notably periodic community health assessments, financial assistance policies, limits on patient charges, and billing and collection policies.   more

Avoid Common Lease Mistakes Made By Residential Landlords

Time and time again, we see landlords encounter issues with tenants that were completely avoidable. A well drafted lease can include provisions that safeguard landlords against some very typical problems and save the landlord time and money in the future.   more

Forming an LLC – Why Hire an Attorney?

To the internet savvy, which applies to most of us today, it is not difficult to find forms to create your own limited liability company – known as the LLC. In Michigan, to form an LLC, all you really need to do is pick out a name for your company (that isn’t already taken) and file a simple sheet of paper with some basic information with the Secretary of State.   more

Wills, Trusts, and Powers Of Attorney; More Specifically, Why Your Choices Of Who Is To Serve Under A Power Of Attorney, Trust Or Will Are More Important And More Complicated than You Might Think

Estate planning documents can provide significant authority while one is alive, and after passing, of one’s business, personal and medical matters.

Given their importance, and as the new year and then tax season are upon us, it is very timely to consider who your choices are in certain legal documents. Selections made should follow careful thought, are not always obvious, and, critically, should not necessarily be the same from one document to the other. "One size fits all” is not a way to properly designate authority involving these documents.   more

New Caloric and Nutrition Posting Regulations Affecting Franchises

On December 1, 2014, the Health and Human Services Agency’s U.S. Food and Drug Administration ("FDA”) published final regulations implementing the nutrition labeling provisions of the Patient Protection and Affordable Care Act ("ACA”), as amended by the Federal Food, Drug, and Cosmetic Act ("FD&C Act”). Among other things, Section 4205 of the ACA set forth a requirement that restaurants and similar retail food establishments that are part of a chain of 20 or more locations doing business under the same name post the number of calories with each standard menu item, along with suggested daily caloric intake, and to make certain other nutrition information separately available in written form.   more

Contact Cooper & Riesterer today: 810.227.3103

The law firm of Cooper & Riesterer, PLC, provides skilled legal services and experienced counsel to clients in Livingston County and throughout Southeast Michigan. We focus our practice on saving our clients time and money by offering: sound legal advice; proactive counsel to avoid future disputes; and effective, efficient resolutions when disputes do arise.

Cooper & Riesterer, PLC
7900 Grand River Road
Brighton, Michigan 48114
T. 810.227.3103
F. 810.220.5968
info@crlaw.biz
© 2015 Cooper & Riesterer, PLC. All Rights Reserved.  

 

The southeast Michigan law firm of Cooper & Riesterer, PLC, represents clients throughout the state and country in a wide range of concerns.
Cities near our Brighton location include Howell, South Lyon, Pinckney, Hamburg, Milford, Whitmore Lake, Ann Arbor, Flint, Lansing, Ypsilanti, Fenton, Saline, Mason, Farmington Hills and Southfield. Livingston County, Washtenaw County, Genesee County, Oakland County, Ingham County