Archived Articles

Commentator – Winter 2020 PDF icon (2)
Vol. 32, Issue 1

A message from Ralph Castelli
By Ralph A. Castelli, Jr.
The world is constantly evolving, and with this, so is the need to keep up with the changes that may affect your everyday life. Luckily, when it comes to changes in the law, our attorneys here at Kemp Klein enjoy staying up to date so you can stay focused on the warm weather that is (hopefully) just around the corner. In this issue…
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Feeling Secure with SECURE
By George W. Gregory and Kate L. Ringler
In December 2019, Congress finally passed the SECURE Act impacting qualified retirement plans maintained by employers and individual retirement accounts. Some changes include…
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Property Rights Threatened by Recent Legislative Changes
By Christopher R. Martella and Jason P. Seaver
Does your subdivision have residential only deed restrictions that prevent a waste dump, slaughterhouse, or other businesses from moving in? Is your only lake access through a subdivision wide agreement? Are you located on a private road and have a written agreement amongst the co-owners for how the road is going to be maintained and paid for? For commercial property owners, did you sell off an outlot knowing that you restricted the property so that a direct competitor, an adult entertainment establishment, or other unwanted activities couldn’t occur right in front of your building? Have those restrictions been around for 40 years or longer? If so, your rights may be terminated by a little-known provision of Michigan law called the Marketable Record Title Act if you do not take action…
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Commentator – Fall/Winter 2019 PDF icon (2)
Vol. 31, Issue 4

A message from Ralph Castelli
By Ralph A. Castelli, Jr.
As we close out another decade, we look forward to new beginnings and change. In this issue…
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Navigating the Financial Terms of Net Leases, Gross Leases and the Hazy Terrain In Between
By C. Leslie Banas
A new business enterprise seeking to lease space is often faced with a dizzying array of considerations, both strategic and operational — Where to locate? How much square footage is needed? For how long a term?
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Employment Law Q & A
By Mark R. Filipp
Under the EEOC guidelines, unwelcome sexual conduct, requests for sexual favors, or other verbal or physical conduct of a sexual nature that “unreasonably interferes with an individual’s job performance” or creates an “intimidating, hostile, or offensive working environment” will support a claim of hostile work environment sexual harassment…
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Increased Salary Requirements for Exempt Employees
By Mark R. Filipp
Executive, administrative and professional employees (“EAP” employees) are exempt from the Federal overtime pay requirements, provided the employees are paid on a “salary basis.”
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Commentator – Summer/Fall 2019 PDF icon (2)
Vol. 31, Issue 3

A message from Ralph Castelli
By Ralph A. Castelli, Jr.
This Fall, we would like to bring a few recent tax developments to your attention…
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Recent Tax Developments Update
By Ralph A. Castelli, Jr. and Brian R. Jenney
The following is a summary of certain important tax developments that have occurred in April, May, and June of 2019 that may affect you, your family, your investments, and your livelihood…
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Taking Your Chances: Michigan Supreme Court Asks Kemp Klein to Submit Brief of Your Right to Look Before You Leap
By Robert S. Zawideh
Let’s say you are the beneficiary of a trust. That trust was established by a relative with whom you were once estranged, but with whom your relationship warmed over the years…
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Commentator – Spring 2019 PDF icon (2)
Vol. 31, Issue 2

A message from Ralph Castelli
By Ralph A. Castelli, Jr.
You’ve been served and unfortunately, it’s not a ribeye! When you or your small business is served a subpoena, Brian Rolfe breaks down what to do in critical, digestible bites (although we would all prefer the steak). Also in this issue…
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Trademarks: The Importance of Registration 
By Ronald S. Nixon
Everyone has an idea of what a trademark is: a symbol, word, name, or design used to differentiate one seller’s goods or services from those of another…
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You’ve Been Served (With a Subpoena)! Now What?
By Brian H. Rolfe
In litigation, a party will often use a third-party subpoena to obtain documents from individuals, businesses, or other entities that are not parties to the lawsuit. Those that receive subpoenas often wonder whether they should respond, how to respond, what, if any concerns they should have, and what, if any, precautions they should take. There are several critical steps you should take to ensure you will comply with the subpoena….
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Michigan’s Paid Medical Leave Act
By Mark R. Filipp
Michigan’s new Paid Medical Leave Act was signed into law in December 2018 and was effective March 29, 2019. Although there are many unanswered questions concerning this law, the fundamental aspects of the law are straightforward….
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