Archived Articles

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

A message from Ralph Castelli
By Ralph A. Castelli, Jr.
In a time where in-person relationships have turned remote and our homes are serving as not only offices but classrooms as well, many find comfort in having a reliable source to turn to when questions arise….
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Do Not Go into an Emergency Without Protection
By Brian R. Jenney and Kate L. Ringler
When clients think of the most important estate planning document, they most often think of a will. Lawyers tend to think of trusts as the most important. The COVID-19 epidemic has shown that we were all wrong…
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Insider Trading — Fed’s Employ New Weapon
By Stuart Sinai and Jay L. Morse
Although the Justice Dept. has accumulated over 100 criminal convictions in the last several years, including a congressman, and maybe more to come whose recent trading is suspicious, it could have had more wins if not hampered by the principal law used to prosecute…
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Employment Law Q & A
By Mark R. Filipp
The primary law governing on-the-job safety is the OSH Act, which was passed by Congress in 1970…
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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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