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On June 17, 2021, the director of the Michigan Department of Health and Human Services (MDHHS) issued a   Rescission of Emergency Orders   lifting a number of the department’s emergency orders as of June 22, 2021, at 12:01 a.m. Most significantly, it rescinds the June 1   Gatherings and Face Mask Order   capping indoor capacity at 50 percent, which was originally set to expire on July 1. Rescission of the June 1 order marks the removal of the last of the MDHHS’s remaining broad COVID-19 restrictions on businesses and individuals. The June 17 order also rescinds the following MDHHS emergency orders: Temporary Restrictions for Entry into Congregate Care ...
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Landlord-tenant lawsuits a/k/a summary proceedings or eviction lawsuits have been around for over 150 years in Michigan and, for the most part, the laws have not changed. But in the last 50 years, the district courts have taken over and the unique laws and rules have become second nature. Five years ago, I wrote an article opining that the legislature should amend the summary proceedings act to eliminate the arbitrary $25,000 damage ceiling in district courts. This would allow landlords and tenants to resolve more disputes in one lawsuit, as opposed to two ( i.e ., a possession lawsuit in district court and a damages lawsuit in circuit court). Unfortunately, ...
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Julie Norris is the chief attorney development officer at Honigman LLP , where she leads attorney professional development initiatives aimed at career growth and development. Julie answers questions about lawyer wellness. Many of the nation's largest firm have already signed on to support the ABA Well Being Pledge , and Honigman was one of the initial signers . Can you talk a little bit about why, well before lawyer wellness was sort of in the Zeitgeist, Honigman decided to sign the ABA pledge? Sure, it's one of my favorite things to talk about because there is nothing more important than our attorneys’ health and well-being, and wellness ...
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On May 18, 2021, the U.S. Department of State announced a change in its interpretation and application of 8 USC 1401 regarding granting citizenship to children born abroad via in vitro fertilization (IVF) or surrogacy. Under the new policy: Children born abroad to parents, at least one of whom is a U.S. citizen and who are married to each other at the time of the birth, will be U.S. citizens from birth if they have a genetic or gestational tie to at least one of their parents and meet the INA’s other requirements.  The previous policy required that children born abroad have a genetic or gestational relationship to a U.S. citizen parent . The old policy ...
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On May 21, 2021, the director of the Michigan Department of Labor and Economic Opportunity updated its   COVID-19 emergency rules , promulgated pursuant to   MCL 24.248 , to align with the most recent Centers for Disease Control (CDC) guidance and Michigan Department of Health and Human Services (MDHHS) epidemic order. The amended rules are still set to remain in effect until October 14, 2021. The updated emergency rules apply to all employers covered by the Michigan Occupational Safety and Health Administration (MIOSHA) and “establish requirements for employers to control, prevent, and mitigate the spread of coronavirus disease 2019 (COVID-19) among employees.” ...
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The Michigan Department of Health and Human Services (MDHHS) issued a new   Gatherings and Face Mask Order   effective June 1, 2021, through July 1, 2021, replacing the   previous order . The new order does not include any capacity limits for any outdoor gatherings or for any residential gatherings, and it caps indoor establishments at 50 percent capacity. The MDHHS also issued a supplemental   Gatherings and Face Mask Order Infographic . On July 1, 2021, all broad MDHHS epidemic orders will be lifted. The Michigan Occupational Safety and Health Administration (MIOSHA) updated their   emergency rules   May 21, 2021, to bring them in line with the MDHHS ...
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On May 21, 2021, the Michigan Department of Health and Human Services (MDHHS) issued an  order , effective immediately, under the Public Health Code, setting out protocols for visitation to address the threat to public health caused by COVID-19. This order rescinds and replaces an order issued on March 17, 2021. The new order requires residential facilities to comply at all times with Centers for Medicare and Medicaid Services (CMS) guidance applicable to nursing homes included in  CMS memorandum QSO-20-39-NH . Principles for preventing infection.  The guidance in  CMS memorandum QSO-20-39-NH  stresses the importance of best practices to reduce the risk ...
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I drove past a gas station in my neighborhood today, and I was surprised to see that the price for a gallon of regular gas is north of $3.10, considering last week the price was right around $2.65. Turns out, these prices are fallout from a ransomware attack on the Colonial Pipeline, the biggest refined products pipeline in the United States. Ransomware is now the biggest cybersecurity concern for chief information security officers around the globe, who say they are unprepared for an attack. Experts are convinced that with the transition to remote work and digitization in all industries, cyberattacks will grow . In October,  Seyfarth Shaw LLP  and  ...
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The Michigan Department of Health and Human Services (MDHHS) issued a new   Gatherings and Face Mask Order   effective May 15, 2021, through May 31, 2021, replacing the   previous order . The new order completely exempts fully vaccinated persons from the mask mandate and does not require unvaccinated persons to wear masks outdoors. The MDHHS also issued the following supplemental materials: a   Choosing Safer Activities   infographic,   Large Outdoor Events Guidance , and   Interim Guidance for Athletics . It is important to note, however, that the   Michigan Occupational Safety and Health Administration (MIOSHA) emergency rules   are still in effect ...
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The Michigan Department of Health and Human Services (MDHHS) issued a new   Gatherings and Face Mask Order   effective May 6, 2021, through May 31, 2021, replacing the   previous order . The new order is largely the same as previous orders but loosens some mask requirements and gathering restrictions. The MDHHS also issued the following supplemental materials: a   Choosing Safer Activities infographic , a   capacity limits fact sheet , and   Large Outdoor Events Guidance . May 6 MDHHS Gatherings and Face Mask Order Updates Highlights of the May 6 order include the following (items in   bold   indicate provisions not in the previous order): A ...
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We recently started holding informal Zoom sessions to give ICLE Community members a chance to ask questions of each other or discuss current practice issues. We’ve covered the Clean Slate legislation, landlord-tenant issues, and, most recently, marijuana topics with John Fraser of Grewal Law (and Council Chair of the SBM Cannabis Law Section), Michelle Donovan from Clark Hill, and Ben Sobczak and Jerome Crawford from Pleasantrees. Here’s a taste of what we discussed during our most recent Community Zoom:  Adult-use licensing . We talked about the sale and transfer of adult-use licenses and related issues to consider. Adult-use licenses can be transferred, ...
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The Michigan Department of Health and Human Services (MDHHS) issued a new   Gatherings and Face Mask Order   effective April 19, 2021, through May 24, 2021, replacing the   previous order . The new order is largely the same as previous orders but includes several new provisions regarding gatherings of public bodies and masks for young children. The MDHHS also issued the following supplemental materials: a   capacity limits fact sheet ,   Enhanced Outdoor Stadium and Arena Guidance ,   Dining Guide , and   FAQs . April 19 MDHHS Gatherings and Face Mask Order Updates Highlights of the March 19 order include the following (items in   bold   indicate ...
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Michigan Supreme Court Orders The  Michigan Supreme Court  has issued 21 administrative orders in response to the COVID-19 pandemic, which are summarized below by topic. Many of the administrative orders listed here reference executive orders issued by Governor Whitmer. However, in  Midwest Inst of Health, PLLC v Governor of Michigan  (In re Certified Questions from the United States Dist Court) ,  No 161492 , ___ Mich ___, ___ NW2d ___ (Oct 2, 2020), the court unanimously held that Governor Whitmer did not have the authority under the Emergency Management Act of 1976 (EMA),  MCL 30.401 et seq. , to declare a “state of emergency” or “state of disaster” ...
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On October 14, 2020, the director of the Michigan Department of Labor and Economic Opportunity promulgated   COVID-19 emergency rules   pursuant to   MCL 24.248 , effective through April 14, 2021. On April 10, 2021, Governor Gretchen Whitmer extended the rules for an additional six months, until October 14, 2021. The emergency rules apply to all employers covered by the Michigan Occupational Safety and Health Administration (MIOSHA) and “establish requirements for employers to control, prevent, and mitigate the spread of coronavirus disease 2019 (COVID-19) among employees.” The rules include requirements for COVID-19 preparedness and response plans, infection ...
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Networking can feel daunting, even in the best of times. Layer on the fact that we are in the midst of a global pandemic, and many of our usual opportunities for networking—in-person conferences, bar association happy hours, lunches—have stopped over the past thirteen months. It can be downright discouraging. Despite the challenges, there are still ways to effectively grow your professional network in the virtual environment if you’re willing to give them a try. Explore opportunities within your current network. Chances are you already belong to a state bar section, a local bar association, a legal practice area organization, or a community group. Start there. ...
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On March 27, 2021, President Biden signed into law the COVID-19 Bankruptcy Relief Extension Act of 2021 , Pub L No 117-5, 135 Stat 249 (2021). It was a culmination of the bipartisan efforts of Senators Durbin (D-IL) and Grassley (R-IA) to extend key COVID-19 bankruptcy relief provisions under the March 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act) from their original March 27, 2021, sunset date to March 27, 2022. The CARES Act provision that increased the maximum debt threshold for Subchapter V small business debtors from $2,725,625 to $7,500,000 will continue for another year, thus allowing more small businesses to reorganize under the ...
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The PPP Extension Act of 2021, Pub L No 117-6, 135 Stat 250 (2021) , signed by President Biden on March 30, 2021, extended the Paycheck Protection Program (PPP) to June 30, 2021. The application deadline is now May 31, 2021. The deadline applies to both first-time applicants and second-draw borrowers. The Small Business Administration (SBA) has an additional 30 days to process applications received by May 31. The PPP Extension Act does not provide any additional funding for the current round of the PPP. At the current lending rate, the SBA could exhaust its existing appropriations by mid-April. From January 11 to March 21, the SBA had approved more than 3.1 ...
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On March 28, 2021, the Centers for Disease Control and Prevention (CDC) issued an   order   extending its   January 29 order , halting certain residential evictions through June 30, 2021. The new order cites 42 CFR 70.2 as authority. The order’s stated objectives are as follows: mitigating the spread of COVID-19 within shared living settings or through unsheltered homelessness mitigating the spread of COVID-19 from one state or territory to another mitigating the spread of COVID-19 by temporarily suspending the eviction of a covered person from residential property for nonpayment of rent supporting response efforts to COVID-19 at the federal, state, ...
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Now that it has been well over a year into the implementation of the new Michigan Court Rules on civil discovery , effective January 1, 2020, I thought it was time to check back in with some of our contributors to see how things are going. (For some of their very early impressions, see this post from around this time last year.) COVID-19 impact and streamlined processes When assessing initial implementation issues with the new rules, few could have imagined the additional complications the COVID-19 pandemic would create in the court system and lawyers’ day-to-day interactions. However, the increased planning and streamlining opportunities in the ...
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Michigan Supreme Court Orders The  Michigan Supreme Court  has issued 20 administrative orders in response to the COVID-19 pandemic, which are summarized below by topic. Many of the administrative orders listed here reference executive orders issued by Governor Whitmer. However, in  Midwest Inst of Health, PLLC v Governor of Michigan  (In re Certified Questions from the United States Dist Court) ,  No 161492 , ___ Mich ___, ___ NW2d ___ (Oct 2, 2020), the court unanimously held that Governor Whitmer did not have the authority under the Emergency Management Act of 1976 (EMA),  MCL 30.401 et seq. , to declare a “state of emergency” or “state of disaster” ...
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