The firm recently represented one of the country’s premier nursing home organizations for purposes of obtaining construction loans for several new facilities in Michigan. The firm has represented a number of different health care organizations and developers in the acquisition of facilities and development projects as well as the refinancing of existing loans related to such projects. One of these involved the refinance of multiple bank loans involving several Michigan nursing home facilities. Another involved the refinance of HUD loans involving several Michigan nursing home facilities. These projects frequently involved complex issues requiring sophisticated business structuring designed to address the unique needs of our clients.
The firm has represented multiple individuals and small businesses in securing offers in compromise and installment agreements in satisfaction of their obligations to the Internal Revenue Service. The firm has negotiated installment agreements requiring payments as low as $100 per month. We recently negotiated an offer of $1,600.00 which the Internal Revenue Service accepted in compromise of a married couple’s tax obligations. The firm has also handled numerous audits by the Internal Revenue Service and Michigan Department of Treasury in matters involving income taxes, employment taxes, sales, use and withholding taxes. The firm has successfully defended individuals and small businesses in United States Tax Court, United States District Court, the Michigan Tax Tribunal and various other Michigan state courts on various tax issues. These projects frequently require our attorneys to be well versed in all aspects of tax law where changes are constant.
The firm regularly represents small businesses in the sale and acquisition of professional and other business practices. We recently represented a health care specialist and a joint venture in their respective acquisition of a couple of Michigan assisted living facilities and have also represented clients in their sale of assisted living facilities. The firm has recently represented a group of certified public accountants in acquiring a new accounting firm and the procurement of a new lease. The firm recommended to a client that it restructure its foreign limited partnership and designed a unique plan of reorganization for such purpose. We have also represented clients in their formation and operation of non-profit entities and acquisition of new business interests.
We were recently contacted by a client who operates a medical facility. A prominent insurance provider had denied coverage for one of the physicians, which severely limited the revenues generated by this physician, as a large portion of the patient base covered by that insurance provider. We reviewed the documents associated with the denial, conducted an investigation and concluded that the denial was based upon a misinterpretation of those documents. We then met with the client and the physician to prepare for a hearing before a review panel. We attended the review hearing with the client and physician. Counsel and the physician responded to the questions posed by the review committee. As a result of the meeting, the insurance provider reversed its decision.
The firm recently filed suit in Federal Court in a contract case. Eight months later, we obtained a judgment for the full amount owed, and reasonable attorney fees and costs, and successfully garnished the full amount owed.
Planning that Fits the Client’s Needs
Estate planning should not be a one-size-fits-all project where attorneys simply fill in the blanks on a standard document and have their clients sign the documents with little review or explanation. While everyone can benefit from engaging in the estate planning process, without taking the time to understand the client's personal and financial situation it is impossible to provide the client with the guidance needed to protect themselves and their loved ones. In just the past month, our practice has tackled many different client circumstances, providing each with the services and documents that are appropriate.
- A business owner, concerned about what will happen to his family, business, and business partner following the client's death. In addition to common estate planning documents like a Will and Living Trust, we assisted our client in establishing a Buy-Sell Agreement with his business partner. This Agreement insures that if either partner passes away, life insurance policies, owned and paid for by the business, will allow the survivor of them to purchase the company outright, providing the deceased partner's family with fair value for the business and allowing the surviving partner to maintain sole ownership of the company.
- A young couple who recently welcomed their first child into the world. We established an estate plan that designates Guardians chosen by the parents, to care for their child in the event that both of them pass away while their child is a minor. Without such planning, this decision would rest in the hands of the Probate Court. The clients also executed a Living Trust, to hold their assets (and the proceeds from their life insurance policies) for the benefit of their young child, again allowing a person of the client’s choice to care for their new son and avoid the involvement of the Probate Court.
- A wealthier more experienced client, with concerns of that her children still cannot responsibly handle money. We recently amended this client’s Living Trust so that a Corporate Trustee will have the responsibility for providing the client’s grandchildren with a portion of the client’s estate to assist in paying for post-secondary education. Following the completion of that education, or in the event that a grandchild does not choose to pursue additional education, the Corporate Trustee will manage the remaining trust assets until the grandchildren reached the age of retirement, at which time they will receive the remaining assets outright as a nest egg to assist them in their later years.
- Finally, longtime clients with concerns about how potential costly long-term medical expenses for one of them will affect the other. By making certain changes to the clients’ estate plan, including executing Durable Powers of Attorney that allow each spouse to make legal decisions on behalf of the other, we modified the clients' plan so that each is able to care for the other in the event of long-term medical disability. We also make sure that each client has the ability to make changes to the plan, which will assist their spouse in qualifying for needs tested government benefits, such as Medicaid, if circumstances become appropriate.
LABOR AND EMPLOYMENT
The firm regularly represents employers, employees and labor organizations in a wide range of labor and employment matters, including unfair labor practice litigation and representational issues before the National Labor Relations Board, negotiation of collective bargaining agreements, arbitration of disputes under collective bargaining agreements, and employment litigation before federal and state courts and administrative agencies. The firm also counsels clients regarding the drafting of employment policies, handbooks and agreements, and in connection with labor/management relations, with proactive strategy designed to avoid unnecessary litigation costs.