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Knowledge Center

Published Works

Roadmap to Business Success

May 2006
Roadmap to Business Success
Bankruptcy, Reorganization and Commercial


September 2006
"Contract Rejection Damages May Not Be Eligible for Setoff After All, Says Delta Court, American Bankruptcy Institute Journal, Vol. XXV, No. 7, September 2006

May 2006
"And" to "Or" Means Preference No More: The Expansion of the "Ordinary Course" Bankruptcy Preference Defense (The Michigan Business Law Journal, Spring, 2006 - reprinted with permission)

December 2002
Deciphering the Damage Cap: Filing the Landlord's Claim in Bankruptcy
Corporate and Securities


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August 2004
IP e-Announcement

May 2004
Business Immigration Law Focus
  • Immigration Legislative Updates
  • USCIS Issues Guidance On Ability To Pay
  • U.S. Department Of Labor Announces New Overtime Regulations


February 2004
Business Immigration Law Focus
  • USCIS Announces H-1B Cap Reached For Fiscal Year 2004
  • Recent Developments In TN Status For Mexican Citizens
  • Honigman HIPAA Compliance Services
  • Proposed Fee Increases For Immigration Benefit


November 2003
Business Immigration Law Focus
  • News From The USCIS
  • Special Registration Re-Registration Requirements
  • Department Of Labor Updates On Labor Certification
  • Department Of State Updates
  • Employment Eligibility Verification Program
  • New Security For Travel Documents


August 2003
Business Immigration Law Focus
  • Proposed Drastic Reform Of The L-1 Visa Category
  • H-1B Cap To Drop To $65,000 As Of October 1, 2003
  • News From The Department Of State
  • News From The BCIS


May 2003
Business Immigration Law Focus
  • Export Controls Over Transfers Of Technology To Foreign Nationals
  • NSEERS Failure To Exit Through Designated Ports Of Departure
  • Department Of Labor Update On PERM Regulation
  • International Tax Law Update
  • News From The BCIS


February 2003
Business Immigration Law Focus
  • Metamorphosis Of The INS
  • Loss of Passport/Visa Exemption For Canadian Landed Immigrants
  • Update On Special Registration
  • Temporary Change in INS Filings Fees
  • Significant Business Immigration Legislation Enacted In 2002
  • Announcement Regarding Employee Rights Under The USERRA
  • Upcoming Seminar


November 2002
Business Immigration Law Focus
  • News From The INS
  • Special Registration For Certain Nonimigrants
  • Washington Update


September 2002
Securities Law Update - SEC Adopts Accelerated Section 16 Reporting Rules

August 2002
Business Immigration Law Focus
  • IBIS Security Checks
  • Addition of I-140 Petitions To The Premium Processing Program
  • Update On H-1B Cap For Fiscal Year 2002
  • H-1B Statistics From Fiscal Year 2000
  • Child Status Protection Act
  • Age-Out Protection For Children Of Employment-Based Immigrants
  • Identity Theft Scam Targets Noncitizens
  • Green Card Lottery (DV-2004)
  • Updates From The Social Security Administration
  • Change In No-Match Letter Policy And Caution For Employers
  • SSA WIll Now Verify Immigration Status With INS


August 2002
Securities Law Update - The Sarbanes-Oxley Act of 2002

June 2002
The Representative Director Problem

May 2002
Business Immigration Law Focus
  • News from the INS
  • Department of State Developments
  • Work Authorization for L and E Spouses
  • Social Security Numbers for Aliens
  • USDA Suspends J-1 Visa Waiver Program
  • Department of Labor to Revamp Labor Certification


February 2002
Business Immigration Law Focus
  • News from the INS
  • Department of State Developments
  • Travel Advisory for Foreign Nationals
  • Business Immigration Law Focus 2002 Breakfast Seminar
  • Are You Following the H-1B Rules?
  • 2001 Year End Washington Update


December 2001
Business Immigration Law Focus
  • Travel by Foreign National Employees
  • USA Patriot Act of 2001
  • News from the INS
  • DOS Travel Warnings


August 2001
Business Immigration Law Focus
  • H-1B Updates
  • Changes in the Labor Certification Process
  • News From The Department of State
  • I-9 Compliance - Dos and Don'ts
  • INS Proposes Filing Fee Increases

Employee Benefits


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February 2006
HIPAA Privacy Audit Tool

October 2005
Deferred Compensation - Proposed Regulations Issued By IRS

February 2004
HIPAA Law Focus
  • DHHS Issues National Provider Identifier Regulations


February 2003
Final HIPAA Security Standards Published in the Federal Register on February 20, 2003, Health Insurance Reform: Security Standards

April 2002
HIPAA Law Focus

December 1996
Health Insurance Portability and Accountability Act of 1996
Environmental


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March 2006
Environmental Law Focus - Spring 2006
  • Superfund Attorneys Struggle To Cope With The Effects Of Cooper v. Aviall
  • Second Circuit: Potentially Liable Parties Can Recover Voluntary Response Costs Under CERCLA
  • Michigan Court Of Appeals Rejects Claim That Denial Of A Permit To Fill A Wetland Constitutes A Regulatory Taking
  • Court Approves Expanded Remedy For West KL Avenue Superfund Site
  • No Summer Vacation: Sixth Circuit Decides To Retain Prior Ruling From Moot Case
  • MDEQ Fails To Prove That Gasoline Station Operator Violated Part 201 Cleanup Order
  • Michigan Supreme Court Rejects Medical Monitoring Claim
  • Legislative Summary


March 2004
Environmental Law Focus
  • Hazardous Waste: Court Clears Way for Romulus Hazardous Waste Deep Injection Wells
  • CERCLA/Superfund: Sixth Circuit Court of Appeals Upholds Kalamazoo River Allocations
  • Air: Workgroup Discusses Revisions to Major Source Air Permit Rules


November 2002
EAB Overturns ALJ's Decision to Depart From EPA Penalty Policy

October 2002
Supreme Court Declines to Create Categorical Takings Rule for Temporary Land-Use Restrictions

May 2002
Surviving in the Next Frontier: A Perspective on Key Sediment Issues - Michigan Air & Waste Association Annual Conference May 16, 2002

April 2002
Cement Kiln Dust Can Give Rise To Private Nuisance or Negligence Claim

February 2002
Court Holds That Rendering Plant Is Not A Nuisance "By Itself"

Administrative Procedure

February 2003
Environmental Violations May Lead To Debarment

February 2003
New Rules For MDEQ Administrative Hearings

January 2003
EPA Environmental Appeals Board Rejects Citizens' Appeal of Underground Injection Control Permit

Air

September 2003
Ohio Utility Violated Clean Air Act NSR Rules

August 2003
MDEQ Proposes Ozone Designations

July 2003
New Air Permit Rules Take Effect

June 2003
EPA Sets New Deadlines for Case-By-Case MACT Applications

April 2003
EPA Approves Startup, Shutdown, Malfunction Rules

April 2003
MDEQ Revises Definition Of Volatile Organic Compound

March 2003
Clean Air Permit Reforms Provide Flexibility and Environmental Benefits

February 2003
EPA Rejects Challenges To Tire Burning Power Plant

January 2003
EPA Amends Deadline for Case-by-Case MACT Applications

December 2002
MDEQ Proposes Revisions to Air Permit Rules

August 2002
EPA Environmental Appeals Board Denies Citizens' Petition for Review of Air Permit

July 2002
EPA Announces Recommended Improvements to Air Permits

July 2002
EPA Environmental Appeals Board Remands Air Permit Decision to MDEQ

June 2002
Court Overturns EPA Limit for Tribal Areas

March 2002
MDEQ Proposes to Revise Definition of Volatile Organic Compound

Brownfields

June 2003
EPA Defines Due Diligence For Property Acquisitions

August 2002
Brownfield Redevelopment Project Revitalization Spurs $70 Million In New Investments

August 2002
Grand Rapids Brownfield Redevelopment to Create Private Investment

May 2002
Superfund Amendments Encourage Brownfield Development But May Hurt Property Owners And Prospective Purchases

CERCLA / Superfund

August 2003
Non-Liable Property Onwer May Have To Pay For Cleanup If Government Takes Property

June 2003
EPA Defines Due Diligence For Property Acquisitions

May 2003
EPA Issues Guidance on New CERCLA Landowner Defenses

January 2003
Changing Hats Does Not Change Liability Under Consent Order

December 2002
Court Assesses Only Ten Percent Share of Partial Investigation Costs In Kalamazoo River PCB Case

October 2002
Michigan Court Allows Contribution Action but Rejects "Expert" Allocation Witness

October 2002
EPA Issues Proposed Site Remediation Category Hazardous Air Emissions Standards

August 2002
EPA May Negotiate Fewer Prospective Purchaser Agreements

May 2002
Merger Clause In Environmental Liability Allocation Agreement Defeats Fradulent Inducement Claim

April 2002
Superfund Amendments Encourage Brownfield Development But May Hurt Property Owners and Prospective Purchasers

April 2002
Court of Appeals Affirms No Cleanup Cost Allocation to Liable Party In Kalamazoo River PCB Case

March 2002
Court Rules Pre-1997 Cleanup Costs Are Not Deductible Business Expenses

February 2002
Federal Court Holds Parent Corporation Not Liable At Ott-Story Site

Cleanup

August 2003
Non-Liable Property Onwer May Have To Pay For Cleanup If Government Takes Property

August 2003
Lost Insurance Policies Cover Old Pollution Claims

EPCRA

June 2002
Sixth Circuit Upholds Penalty for Reporting Violations

Hazardous Waste

May 2003
EPA Issues Corrective Action Completion Guidelines

April 2002
EPA and DEQ Agreement Protects Lenders From RCRA Corrective Action Liability

March 2002
Appeals Court Upholds RCRA Criminal Sentence

January 2002
Court Accepts Expert's Testimony That Macomb County Household Waste Is Hazardous

Insurance

August 2003
Lost Insurance Policies Cover Old Pollution Claims

May 2003
Insurance Won't Pay To Defend Criminal Prosecution

November 2002
Liability Insurance Policies Were Triggered When Groundwater Contamination Occurred

July 2002
Michigan Court of Appeals Denies Insurance Coverage Based on Pollution Exclusion

May 2002
Court Interprets Pollution Exclusion Narrowly In Asbestos Misrepresentation Case

MEPA / Environmental Protection Act

February 2003
Court Reverses Claim Dismissal Of MEPA Claim

September 2002
Court of Appeals Refuses to Grant Judgement Before Trial

September 2002
"Any Person" Has Standing For MEPA Lawsuit

Miscellaneous Issues

August 2003
Like A Dock: NPS Decision to Modify Dock Locations Holds Solid In Sixth Circuit

August 2003
Sixth Circuit Sours on Sugar Maple Cutting

July 2003
Statute of Limitations Bars Gross Negligence Claim Against MDEQ Employees

July 2003
Legislature Considers New Environmental Fees

July 2003
Army Corps of Engineers Issues Michigan Regional Permit for Leveling of Sand

June 2003
Environmental Group Lacks Standing to Bring Suit Against Forest Service

June 2003
Revisions to Flammable and Combustible Liquids Storage Rules Under Consideration

May 2003
Basement Flooding Cases Remain In Federal Court

February 2003
Don't Rock The Boat: Court Declines To Overturn No Wake Ordinance

January 2003
Court of Appeals is "Critical" of MDEQ Dune Mining Project

December 2002
AG Opines That Only A . .

October 2002
MDEQ Proposes New Rules for Administrative Hearings

September 2002
MDEQ Proposes New Rules for Administrative Hearings

August 2002
Lake Level Dispute Spills Over Into Court of Appeals

August 2002
MDEQ Reorganized

July 2002
Judge Hits Illegal Defendants With Largest-Ever Environmental Civil Fine in Michigan

June 2002
MDEQ Adopts New Public Participation Process

May 2002
Court Dismisses Sierra Club Challenge to Forest Management Grants

March 2002
MDEQ Issues Annual P2 Report

March 2002
Testing Laboratory Falsified Reports

March 2002
Group Denied Standing to Challenge Forest Service Activities

February 2002
MDEQ Required to Approve Permits for Bridge Projects

February 2002
A Mind Is A Terrible Thing To Paint: Employer Not Liable For Failing To Protect Security Guard From Effects of Paint Spill

January 2002
Court Refuses to Block Tree Cutting

Part 201

June 2003
Legislators Request Attorney General Opinion on Part 201 Liability Protection

March 2003
New Part 201 Rules Become Effective

February 2003
Gasoline Dispenser Is Not A "Facility" Under Part 201 Of NREPA

September 2002
Attorney General Comments On Proposed Part 201 Rules

June 2002
Part 201 Prohibition On Pre-enforcement Review Trumps Part 17 Lawsuit

March 2002
MDEQ Announces Public Hearing For Revised Proposed Part 201 Rules

February 2002
MDEQ Re-Preposes Draft Part 201 Rules

Right to Know

March 2003
EPA Requires Chemical Manufacturers to Report More Information

November 2002
EPA Early Bird Loses The Worm

Sediments

October 2002
International Joint Commission 11th Biennial State of the Great Lakes Report Addresses Contaminated Sediments

January 2002
Contaminated Sediments Update

Solid Waste

July 2003
Out-Of-State Waste Concerns Prompts Legislature Into Action

June 2003
Medical Waste Program Activate

May 2002
Sixth Circuit Sends Brighton Township Case Back to District Court

Underground Storage Tanks

April 2003
Court of Appeals Affirms Apportionment Of Costs In Leaking UST Case

March 2002
Tanks for Nothing: Court of Appeals Allow Negligence Claim In UST Removal Case to Proceed to Trial

January 2002
Wife With A Dower Interest In Leaking Tank Site Not Liable

Water Quality

September 2003
Federal Wetlands Jurisdiction Under Section 404 of the Clean Water Act

July 2003
Wastewater Permit Rules Revisions Enacted

June 2003
EPA Adds Eighteen Months to SPCC Guidelines Compliance Deadline

April 2003
MDEQ Challenge To EPA Permitting Authority On Indian Reservations Rejected

April 2003
Sixth Circuit Orders Reinstatement of CWA Fine

December 2002
$1 Billion Bond Approved to Assist Sewage and Stormwater Projects

November 2002
Sixth Circuit Upholds County Sewer Discharge Limits

September 2002
"Permit Shield" Defense Bars Liability for Pollutant Discharges Not Expressly Allowed by NPDES Permit

September 2002
District Court Refuses to Penalize CWA Violator

August 2002
No Private Right of Action to Enforce Great Lakes Water Diversion Statute

June 2002
Sixth Circuit Upholds Civil Penalty Against City

June 2002
MDEQ Proposes New Aquatic Nuisance Control Rules

June 2002
District Court Sets Aside CWA Conviction For Filling Isolated Wetlands

Wetlands

August 2003
Court Dismisses MDEQ Lawsuit Under Statute of Limitations

April 2003
Supreme Court Splits on Wetlands Issue

March 2003
EPA and COE Issue Guidance on Isolated Wetlands Authority and Request Comments

March 2003
Michigan Retains Delegated Wetland Authority

November 2002
Circuit Court Reverses MDEQ In Wetlands Contested Case
Gaming and Hospitality


September 2006
Article co-authored and published by Nelson W. Westrin, Casino Enterprise Management, "Rising Phoenix Tonkawa Gaming Cleans Up," September 2006
Health Care


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February 2006
HIPAA Privacy Audit Tool

June 2005
PRRB Jurisdiction - Interpretation and Application of Jurisdiction Principles

April 2004
News Alert: Court Considers Objections to Sales Involving The Wellness Plan and OmniCare Health Plan

April 2004
Health Law Focus Special Edition: Stark Law Phase II Regulations

April 2004
Health Law Focus

February 2004
HIPAA Law Focus
  • DHHS Issues National Provider Identifier Regulations


February 2004
Health Law Focus
  • Recovery Sought Against Ernst & Young
  • Peer Review Does Not Necessarily Require Peers
  • Dean's Tax Illegal!
  • Managed Care Workshop
  • Hospital Loses Exemption Fight
  • IRS Set To Pursue Per Se Excess Benefits
  • Sarbanes Oxley For Nonprofits
  • Michigan Nursing Homes Pay For Quality
  • Amendment To Medicare Medical Education Payments Jeopardize Payment
  • Speaking Engagements


January 2004
DHHS Issues National Provider Identifier Regulations

January 2004
DHHS Issues New HIPAA Privacy Rule Guidance on Research

November 2003
FTC Expands "Own Use" to Include Contracted Workers

November 2003
New IRS Disclosure and List Maintenance Tax Shelter Regulations

November 2003
Health Law Focus

May 2003
2003 Health Law Update, Presented by Honigman Miller Schwartz and Cohn LLP

February 2003
Health Law Focus, Special Edition
  • Subsidies for Physician Medical Malpractice Insurance: New OIG Guidance


February 2003
HIPAA Law Focus

February 2003
Final HIPAA Security Standards Published in the Federal Register on February 20, 2003, Health Insurance Reform: Security Standards

January 2003
Health Law Focus
  • JCAHO Announces Changes in Accreditation Process
  • Michigan Revises Certificate of Need Law
  • Michigan Court of Appeals Holds that Only the Deliberative Process of a Peer Review Committee is Privileged
  • Medical Record Copying Charges Under Michigan Law: How Much is Reasonable?
  • Recent Developments Affecting Split-Dollar Insurance Arrangements
  • Tennessee Medicaid Managed Care Regulation Sets a Floor Not a Ceiling on Payments to Out-of-Network Providers
  • The Terrorism Risk Insurance Act of 2002
  • Physician Shareholder Salary May Be Considered Dividend


December 2002
December 2002 HIPAA Law Focus

September 2002
Health Law Focus
  • Enron Warning Signs for Health Care
  • Changes to Provider-Based Regulations
  • Michigan Prompt Pay Law Takes Effect
  • Federal District Court Concludes Lithotripsy Not a Designated Health Service Under Stark Law
  • Michigan Court of Appeals Holds That Successor Liability Attaches to Hospital That Purchased Physician Practice
  • Senate Bill 517 Enacted
  • Physician Recruiting: Antikickback Statute Compliance
  • Medical Residents File Class Action Lawsuit Alleging Antitrust Violations
  • ACGME Approves Plan to Limit Resident Work Hours
  • Proposed IRS Regulations May Limit Tax-Exempt Organizations' Use of Nonqualified Stock Options for Executive Compensation


August 2002
HIPAA Law Focus

April 2002
HIPAA Law Focus

April 2002
Health Law Focus
  • Tax Risks of Physicians Profiting from Work of Others
  • The McLaren Case: Failure to Establish Lease as Non-FMV Results in Dismissal of Government's Case
  • CMS and MDCIS Increase Hospital Survey Activities in Michigan
  • Physician Supervision of Medical Residents - Is Your Supervision Adequate?
  • Termination of Pathologist's Contract Pursuant to Express Termination Provision Does Not Implicate Contract's "Disputes" Clause Nor Give Rise to a Right to a Hearing
  • Erroneous IRS Determination of Employee Status Results in Tax Refund to Hospital


February 2002
TBOR2 Compliance Plans: From Rebuttable Presumption to Enforcement

February 2002
Health Law Focus
  • Immigration Advisory: Are You Following the H-1B Rules?
  • IRS Issues Final Excess Benefit Regulations
  • Final Stark II Phase I Regulations: A One-Year Reprieve For Percentage Compensation Arrangements
  • OIG Warns Health Care Industry Of Abusive Practices Of Business Consultants
  • The Current Liability Insurance Market: Difficult Times For Purchasers
  • HHS Committee Meets To Address Regulatory Reform
  • Qualified Tuition Programs: Section 529 Plans


August 2001
Health Law Focus
  • Asset Protection Planning
  • A Proactive Approach to Physician's Audits
  • Physician Groups Contracting With Third-Party Billing Services on A Percentage Basis
  • Physicians: Check the Web Before You Hire
  • Are You Ready for HIPAA


April 2001
HIPAA Law Focus

March 2001
A Legal Briefing on Gainsharing Programs

March 2001
TBOR2/Intermediate Sanctions

March 2001
Stark II Phase I Final Regulations

March 2001
Health Law Focus
  • IRS Issues TBOR2 Temporary Regulations
  • New Math for Referrals: Stark II Phase I Regulations


March 2001
Implications Of Final Stark II Rule For Physician Recruitment

February 2001
Health Law Focus - Michigan Supplement

February 2001
Health Law Focus

August 2000
Health Law Focus

June 2000
Health Law Focus - Michigan Supplement

June 2000
Health Law Focus

April 2000
Commissioner of Insurance Finds Blue Cross Blue Shield of Michigan Provider Class Plan for Freestanding Ambulatory Surgical Facilities Not in Compliance with State Law

April 2000
Legal Issues Under Medicare Hospital Outpatient Prospective Payment System Provider-based Versus Freestanding Status, EMTALA Changes, Compliance Issues

March 2000
Federal Law Update: Ancillary Joint Ventures After Redlands Powerpoint Presentation

March 2000
Federal Law Update: Ancillary Joint Ventures After Redlands Article

June 1999
Summary of IRS Disclosure Requirements for Forms 990, 1023 and 1024 by Tax-Exempt Organizations

February 1997
Taxation Issues For Tax-Exempt Health Care Organizations
Intellectual Property and Technology


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February 2007
"Utah Federal Court Rejects Copyright Lawsuit Challenging Advertisers' Right to Freely Use 'Digitized' Vehicle Images," State Bar of Michigan IPLS Proceedings, Volume 18, Issue 2, 2007

August 2006
Copyright Infringement in Worship Services: Problems and Potential Solutions, 36 Jnl. Arts Manag., Law & Soc.
International Business


August 2007
Recent International Trade Developments, Volume 4

June 2007
Recent International Trade Developments, Volume 3

May 2007
Recent International Trade Developments, Volume 2

April 2007
Recent International Trade Developments
Investment Incentives and Tax Savings


November 2006
Suta Dumping and Strategies for Handling a Michigan Unemployment Insurance Agency Tax Audit

December 2005
Investment Incentives and Tax Savings Brochure
Labor and Employment


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June 2005
Summary of Elezovic v. Ford Motor Co.

May 2005
Federal Credit Reform Act Summary

May 2005
Summary of the Social Security Number Privacy Act

December 2004
Frequently Asked Questions About the FMLA

December 2004
Fair Labor Standards Act Update: The Fair Pay Rules

December 2004
Military Leaves of Absence

April 2004
U.S. DEPARTMENT OF LABOR ANNOUNCES NEW OVERTIME REGULATIONS
Litigation


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May 2007
Obligations Implied in Michigan Construction Contracts

February 2007
"Utah Federal Court Rejects Copyright Lawsuit Challenging Advertisers' Right to Freely Use 'Digitized' Vehicle Images," State Bar of Michigan IPLS Proceedings, Volume 18, Issue 2, 2007

February 2007
"From The Family Business To The Antique Teacup Collection: Making The Most Of Expert Valuations In Distributing Marital Property," Michigan Family Law Journal, Special Edition 2007

February 2006
Unforced Rhythms of Grace: Freeing Houses of Worship from the Specter of Copyright Infringement Liability, 16 Fordham Intell. Prop. Media & Ent. L.J.

March 2005
Article published by Herschel P. Fink, "Why the Press Must Keep Fighting for Public's Right to Know," Detroit Free Press, March 18, 2005 (Reprinted with permission.)

May 2002
Learning to Sweat the Small Stuff in Life Insurance Litigation
Matrimonial and Family Law


February 2007
From The Family Business To The Antique Teacup Collection: Making The Most Of Expert Valuations In Distributing Marital Property
Real Estate


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October 2006
"Tax and Other Inducements for The Development of Real Estate," Co-Authored by Denise Lewis, American College of Real Estate Lawyers Annual Conference, October 6, 2006

August 2002
Web-based Collaboration Boosts Team Productivity

April 2002
Caveat Member: Courts Begin to "Pierce the Entity Level," Imposing Personal Liability on LLC Members

February 2001
Hud and Fannie Mae - Requirements for Borrower Entities

December 2000
Shannon's Soapbox, Authored by Brian Shannon
Regulatory


March 1998
Evaluating Power Plant Property Tax Burdens in a Changing Industry

August 1997
Competitive Generation and Open Access Transmission: The Effects on Electric Industry Property Valuation

March 1997
Natural Gas Pipeline Regulation and its Impact on Value
Tax


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November 2006
Suta Dumping and Strategies for Handling a Michigan Unemployment Insurance Agency Tax Audit

May 2006
Squeezing a Balloon: Potential Impact of the American Jobs Creation Act Straddle Rules on the Tax Consequences of Hedging Nonqualified Stock Options," Journal of Taxation and Regulation of Financial Institutions

April 2006
Election of Mark-to-Market Treatment for Securities Traders, Michigan Tax Lawyer

October 2004
"The Lowdown On Estate Taxes," By Marguerite Munson Lentz and Regis Carozza, Business Resource Guide, Detroiter, 4th Quarter 2004 (Reprinted with Permission)

August 2004
Service Transactions Versus Sales of Goods: A New Standard

May 2004
Michigan's New Withholding Requirements for Flow-Through Entities

March 2004
Will a Variation Lead to Consistency? Implications of Forward Contract Ruling for Hedging Appreciated Stock, Tax Notes

February 2004
Tax Law Focus
  • Michigan's New Withholding Requirements For Flow-Through Entities
  • Deemed Liquidation of Foreign Subsidiary Resulting From "Check-the-Box" Election May Give Rise to Worthless Stock Loss
  • Refreshing a Bankrupt Corporation's NOLs: IRS Confirms That a "Bruno's Transaction" Can Work
  • Independent Reps Do Not Create Michigan SBT Nexus Before 1998
  • New Regulations Amend and Substantially Narrow the "Confidential Transaction" Tax Shelter Filter
  • Michigan Tax Legislation in the Second Half of 2003
  • New Proposed International Tax Compliance Requirements - Form 8858


November 2003
Tax Law Focus
  • Year-end Estate and Gift Tax Planning Checklist
  • Year-end Tax Planning - Don't Forget International Considerations
  • End of Year Compliance Issues for Retirement and Welfare Benefit Plans
  • Tax Planning for Year-end: Closing of a Short Sale
  • The Jobs and Growth Tax Relief Reconciliation Act of 2003 Presents Year-end Planning Opportunity for Additional Depreciation
  • Reducing Compensation Includible in the Michigan Single Business Tax Base


September 2003
IRS Treats Obligation to Deliver Securities (and/or cash) Under Variable Prepaid Forward Contract as Partnership Liability-But Proceed With Caution!, Michigan Tax Lawyer

August 2003
Tax Law Focus
  • Planning Opportunities Under the Jobs and Growth Tax Relief Reconciliation Act of 2003 - A Taxpayer's Day in the Sun(set)
  • Split-Dollar Insurance: New Rules May Impose Year-end Deadline for Action
  • Michigan Tax Legislation Passed in the First Half of 2003
  • Recent Ammendment to Michigan's LLC Act Protects Members' Interests From Creditors
  • IRS Permits Netting of Partnership Liabilities in Deferred Like-Kind Exchange Straddling Two Tax Years
  • International Tax Aspects of the Jobs and Growth Tax Relief Reconciliation Act of 2003: What's In and What's Out
  • Election of Mark-to-Market Accounting for Securities Traders
  • State Tax Amnesty Programs Abound


June 2003
Planning Your Estate

May 2003
Passthrough Nexus? Nexus Issues For Nonresident Corporate Partners, Members, and Shareholders

May 2003
Tax Law Focus - May 2003
  • Michigan's Budget Proposals: Tax Loopholes Or Tax Increases
  • The Estate Planning Trust As An S Corporation Shareholder
  • New Regulations Clarify The Home-Sale Exclusion
  • New IRS Disclosure And "List Maintenance" Tax Shelter Regulations
  • IRS Establishes Safe Harbor For Variable Prepaid Forward Sale Of Appreciated Stock
  • Gifts Involving Noncitizen Spouces
  • Asset Protection Planning
  • IRS To Challenge Certain Offshore Employee-Leasing Arrangements


May 2003
Tax Law Focus - May 2003, Special Edition
  • Reinsuring Employee Benefits Through Captive Insurers


February 2003
Michigan's New Sleeper Tax On Sales Of Real Estate The "New" Definition Of "Gross Receipts" Under The Single Business Tax Act

January 2003
Michigan's Single Business Tax Brownfield Credit (as amended by December 2002 Legislation)

January 2003
Tax Law Focus
  • The Job Creation And Worker Assistance Act Of 2002
  • Impact Of Sarbanes-Oxley Act Of 2002 On Broker-Assisted Cashless Stock Option Exercises
  • Michigan State Tax Legislation Enacted In 2002
  • Qualified Tuition Programs: Section 529 Plans
  • Final Regulations For Retirement Plans Arrive, Finally!
  • Automatic Allocation Of GST Tax Exemption
  • Disturbing Attack On Entireties Property


October 2002
Michigan's June 2000 Single Business Tax Brownfield Credit Legislation

June 2001
Tax Law Focus - Tax-Qualified Retirement Plans Supplement

June 2001
Tax Law Focus
  • Economic Growth And Tax Relief Reconciliation Act Of 2001 Introduction
  • Estate And Gift Tax Provisions
  • Individual Income Tax Relief
  • Tax Benefits Relating To Children
  • Education Incentives
  • Miscellaneous Provisions
  • Tax-Qualified Retirement Plans


October 2000
Tax Considerations in Trust Administration

August 2000
Host Marriott: Ten-Year Carryback Not Limited To Narrow Class of Liabilities

June 2000
6th Circuit Decision In Intermet: IRS Not Entitled to Deference on Ten-Year Carryback Issue
Tax Appeals


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May 2008
The New Michigan Business Tax and Its Effect on Real Estate Companies

September 2007
New, Five-Part Michigan Business Tax Replaces SBT, Leaving Many Questions Unanswered for Certain Taxpayers

June 2007
Michigan's SBT Under Assault: What Will Take Its Place?

February 2007
"Michigan's SBT: Going, Going ... Almost Gone: Seven Different Plans Emerge for Replacement Tax, Tax Management Inc., Vol. 14, No. 2

June 2006
"Under Assault Since Its Inception, Michigan's SBT Is Sure to Be Repealed, But What Will Take Its Place?" Tax Management Multistate Tax Report,Vol. 13, No. 6

October 2000
Understanding Functional Obsolescence Can Reduce Your Property Taxes

September 2000
Big-Box Retailers Beware How Assessors Overvalue Your Property

February 2000
Depreciation: Incurable Functional Obsolescence and Sequence of Deductions

March 1998
Evaluating Power Plant Property Tax Burdens in a Changing Industry

August 1997
Competitive Generation and Open Access Transmission: The Effects on Electric Industry Property Valuation

March 1997
Natural Gas Pipeline Regulation and its Impact on Value
Tribal Sovereignty and Development


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September 2006
Article co-authored and published by Nelson W. Westrin, Casino Enterprise Management, "Rising Phoenix Tonkawa Gaming Cleans Up," September 2006

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