Columns
Letters to the Editor
December 03 ,2024
There are only a few weeks left in the legislative session and the
future of court transcripts hangs in the balance. HB 5046 would
increase Michigan’s per-page rate for court transcripts after remaining
stagnant for 38 long years.
:
To the Editor:
There are only a few weeks left in the legislative session and the future of court transcripts hangs in the balance. HB 5046 would increase Michigan’s per-page rate for court transcripts after remaining stagnant for 38 long years. The bill passed the House on November 1, 2023, with a 104-6 vote. On October 30th, 2024, the bill was reported out of the Senate Committee on Civil Rights, Judiciary, and Public Safety. The bill now awaits a third reading and vote on the Senate floor to be eligible for Governor Whitmer’s signature.
Michigan court reporters and recorders have been attempting to increase their page rate for decades. The latest advancement through committee is the furthest the bill has progressed. The court reporters and recorders in attendance at the October 30th hearing donned gold ribbons. Their Gold Ribbon Campaign signifies Michigan judicial system’s right to the gold standard of transcript production by certified, qualified, professionals who are being forced out of the profession by antiquated, unfair pay. If the bill is not given a vote in the final days of this lame duck session many will face the decision of whether to continue producing transcripts for Michigan courts or take their skills elsewhere.
Michigan has the lowest page rate in the nation and has some of the most stringent certification requirements. The bill would increase the page rate from $1.75 per page (a rate set in 1986) to $3.75 per page putting Michigan in line with the national average and closer to the rate of neighboring states.
Transcripts are not just a line item on a budget. They are carefully crafted documents created by highly skilled professionals who take their job very seriously. Court reporters and recorders take great pride in creating an accurate record and understand that lives are on the line with the words that are attached to the page. The record should not be allowed to deteriorate because of inadequate compensation to those charged with guarding the record.
The low page rate has caused a shortage of court reporters and recorders willing to produce court transcripts. This in turn has created an access to justice issue with delayed bindovers and appeals affecting in-custody defendants and adjudication of all types of cases. HB 5046 needs to be passed to begin to reverse the negative effects of ignoring this regulation.
Technical advancements will surely change procedures as the years progress, but until sufficient technology is implemented and replaces human court reporters and recorders completely, the page rate needs to adequately adjust to reflect a living wage.
If the bill is not made law this session I fear a strike and/or exodus of court reporters and recorders willing to produce transcripts at the 1986 rate. Many are no longer amenable to demeaning themselves while they await action by the decision-makers in Lansing.
We would encourage anyone in the legal community that values the integrity of the record, and court reporters and recorders themselves, to reach out to your Senator and Senate leadership and urge them to bring HB 5046 up for a vote, and to vote “YES” on fair pay for Michigan court reporters and recorders.
Jacqueline Reed
Michigan Electronic Court Reporters Association (MECRA)
Kelli Werner
Michigan Association of Professional Court Reporters (MAPCR)
Kara Van Dam
Michigan Association of Freelance Court Reporters (MAFCR)
There are only a few weeks left in the legislative session and the future of court transcripts hangs in the balance. HB 5046 would increase Michigan’s per-page rate for court transcripts after remaining stagnant for 38 long years. The bill passed the House on November 1, 2023, with a 104-6 vote. On October 30th, 2024, the bill was reported out of the Senate Committee on Civil Rights, Judiciary, and Public Safety. The bill now awaits a third reading and vote on the Senate floor to be eligible for Governor Whitmer’s signature.
Michigan court reporters and recorders have been attempting to increase their page rate for decades. The latest advancement through committee is the furthest the bill has progressed. The court reporters and recorders in attendance at the October 30th hearing donned gold ribbons. Their Gold Ribbon Campaign signifies Michigan judicial system’s right to the gold standard of transcript production by certified, qualified, professionals who are being forced out of the profession by antiquated, unfair pay. If the bill is not given a vote in the final days of this lame duck session many will face the decision of whether to continue producing transcripts for Michigan courts or take their skills elsewhere.
Michigan has the lowest page rate in the nation and has some of the most stringent certification requirements. The bill would increase the page rate from $1.75 per page (a rate set in 1986) to $3.75 per page putting Michigan in line with the national average and closer to the rate of neighboring states.
Transcripts are not just a line item on a budget. They are carefully crafted documents created by highly skilled professionals who take their job very seriously. Court reporters and recorders take great pride in creating an accurate record and understand that lives are on the line with the words that are attached to the page. The record should not be allowed to deteriorate because of inadequate compensation to those charged with guarding the record.
The low page rate has caused a shortage of court reporters and recorders willing to produce court transcripts. This in turn has created an access to justice issue with delayed bindovers and appeals affecting in-custody defendants and adjudication of all types of cases. HB 5046 needs to be passed to begin to reverse the negative effects of ignoring this regulation.
Technical advancements will surely change procedures as the years progress, but until sufficient technology is implemented and replaces human court reporters and recorders completely, the page rate needs to adequately adjust to reflect a living wage.
If the bill is not made law this session I fear a strike and/or exodus of court reporters and recorders willing to produce transcripts at the 1986 rate. Many are no longer amenable to demeaning themselves while they await action by the decision-makers in Lansing.
We would encourage anyone in the legal community that values the integrity of the record, and court reporters and recorders themselves, to reach out to your Senator and Senate leadership and urge them to bring HB 5046 up for a vote, and to vote “YES” on fair pay for Michigan court reporters and recorders.
Jacqueline Reed
Michigan Electronic Court Reporters Association (MECRA)
Kelli Werner
Michigan Association of Professional Court Reporters (MAPCR)
Kara Van Dam
Michigan Association of Freelance Court Reporters (MAFCR)
LEGAL PEOPLE
December 03 ,2024
Intellectual property law firm Fishman Stewart PLLC is pleased to
announce that the American Intellectual Property Law Association (AIPLA)
named Partner Michael Stewart 2024 “Mentor of the Year.” Nominated by
the organization’s mentees and chosen by its Mentoring Committee,
Stewart was presented the award for his outstanding commitment and
contribution to the mentoring program and his positive influence on the
growth and development of AIPLA members.
:
Intellectual property law firm Fishman Stewart PLLC is pleased to announce that the American Intellectual Property Law Association (AIPLA) named Partner Michael Stewart 2024 “Mentor of the Year.” Nominated by the organization’s mentees and chosen by its Mentoring Committee, Stewart was presented the award for his outstanding commitment and contribution to the mentoring program and his positive influence on the growth and development of AIPLA members.
What an unexpected honor to be recognized by my colleagues and friends at AIPLA!” Stewart said. “I am grateful to the next generation of practitioners for allowing me the opportunity to share my experiences, and in turn, to receive their unique insights of our profession.”
At the firm, Stewart drove Fishman Stewart’s recruiting campaign this year to answer increased client demand for advanced technical knowledge and strategic thinking. He is also involved in Fishman Stewart’s sponsorship of The Engineering Society of Detroit’s annual Engineering Student Writing Contest, supporting student voices to write about issues facing the engineering profession and their impact on the future, and sits on the society’s editorial board.
Stewart was presented Mentor of the Year at AIPLA’s Annual Meeting in October at the Gaylord National Harbor Resort and Convention Center in National Harbor, Maryland.
• • •
McDonald Hopkins congratulates its Co-president Jim Giszczak on his recognition by Crain’s Detroit Business as a 2024 Notable Nonprofit Leader.
Giszczak serves as co-president of McDonald Hopkins and co-chair of the national Data Privacy and Cybersecurity Practice Group, but he is also a member of Susan G. Komen Michigan’s Board of Directors.
Giszczak was selected by Crain’s Detroit for the strides he’s made in advancing Susan G. Komen Michigan’s mission through his leadership, advocacy, and passion. In his first few months on the board, he leveraged his networks and energized McDonald Hopkins employees to raise nearly $33,000 for Race for the Cure Detroit, establishing “Team McDonald Hopkins” as the top corporate team and earning Giszczak the title of top individual fundraiser during the race.
• • •
Kemp Klein Vice President and Shareholder Robert S. Zawideh has been recognized by Michigan Lawyers Weekly as a 2024 Leader in the Law.
Zawideh was recognized for his contributions to the practice of law. He represents interested persons in high-net worth trust and estate disputes. Zawideh serves as the head of Kemp Klein’s Litigation Practice Group. His litigation practice has taken him before Michigan’s trial and appellate courts, including the Supreme Court, as well as federal courts, state courts, and arbitration panels across the country.
• • •
Terry Bonnette, a partner with Detroit-based management-side labor and employment law firm Nemeth Bonnette Brouwer PC, has been named to the Michigan Lawyers Weekly Leaders in the Law Class of 2024.
Bonnette joined Nemeth Bonnette Brouwer in 2004 after serving as a law clerk for the firm during law school. He was named a partner in 2013 and became a firm co-owner in 2020, along with Managing Partner Deborah Brouwer. A litigator, he is also regularly sought out by clients for day-to-day legal counseling on the hiring and firing decisions, discrimination, harassment, retaliation, and the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA).
An educator, Bonnette also presents on-site and virtual training programs for supervisors and executives on hot-button issues, as well as the nuts and bolts of HR. He created and leads the firm’s Raising the Bar educational series focused on increasing employer awareness of trending issues in employment law.
The law is a second career for Bonnette, who started his professional life as a debate and forensics coach at Bradley University, where he was also a student on the debate and forensics team as an undergrad. He also coached at Illinois State University while he was in graduate school, and at Eastern Michigan University, where he coached for seven years and served as an adjunct faculty member. In all, Bonnette coached 44 individual national champions during his debate and forensics coaching career. He received his law degree from Wayne State University Law School.
The Leader in the Law honor follows recent and repeated recognition Bonnette has received from other legal organizations including Leading Lawyers, Best Lawyers, and Michigan Super Lawyers. In 2021, he was named a Go To Lawyer in employment law, also by Michigan Lawyers Weekly. Active in the profession and community endeavors, Bonnette is a Planning Committee member for the Institute for Continuing Legal Education’s annual Labor and Employment Law Institute, a Sustaining Life Fellow of the American Bar Foundation, and member of the Alternative Dispute Resolution and Labor and Employment sections of the State Bar of Michigan.
A lifelong supporter of the arts, Bonnette is a board member of Mosaic Youth Theatre, serving as chair of the Governance Committee for several years before being elected board chair in 2023 and again in 2024.
• • •
The achievements of Kitch attorneys were recently recognized at the 20th Annual Dennis W. Archer Public Service Award Gala. Brian Boehne, Carina Kraatz, and John Sier were recognized with Pro Bono Awards.
Pro Bono Awardees are members who contributed at least 30 hours of pro bono work this year by volunteering for the Detroit Legal Services Clinic or one of the many pro bono opportunities presented by the Detroit Bar Association.
What an unexpected honor to be recognized by my colleagues and friends at AIPLA!” Stewart said. “I am grateful to the next generation of practitioners for allowing me the opportunity to share my experiences, and in turn, to receive their unique insights of our profession.”
At the firm, Stewart drove Fishman Stewart’s recruiting campaign this year to answer increased client demand for advanced technical knowledge and strategic thinking. He is also involved in Fishman Stewart’s sponsorship of The Engineering Society of Detroit’s annual Engineering Student Writing Contest, supporting student voices to write about issues facing the engineering profession and their impact on the future, and sits on the society’s editorial board.
Stewart was presented Mentor of the Year at AIPLA’s Annual Meeting in October at the Gaylord National Harbor Resort and Convention Center in National Harbor, Maryland.
• • •
McDonald Hopkins congratulates its Co-president Jim Giszczak on his recognition by Crain’s Detroit Business as a 2024 Notable Nonprofit Leader.
Giszczak serves as co-president of McDonald Hopkins and co-chair of the national Data Privacy and Cybersecurity Practice Group, but he is also a member of Susan G. Komen Michigan’s Board of Directors.
Giszczak was selected by Crain’s Detroit for the strides he’s made in advancing Susan G. Komen Michigan’s mission through his leadership, advocacy, and passion. In his first few months on the board, he leveraged his networks and energized McDonald Hopkins employees to raise nearly $33,000 for Race for the Cure Detroit, establishing “Team McDonald Hopkins” as the top corporate team and earning Giszczak the title of top individual fundraiser during the race.
• • •
Kemp Klein Vice President and Shareholder Robert S. Zawideh has been recognized by Michigan Lawyers Weekly as a 2024 Leader in the Law.
Zawideh was recognized for his contributions to the practice of law. He represents interested persons in high-net worth trust and estate disputes. Zawideh serves as the head of Kemp Klein’s Litigation Practice Group. His litigation practice has taken him before Michigan’s trial and appellate courts, including the Supreme Court, as well as federal courts, state courts, and arbitration panels across the country.
• • •
Terry Bonnette, a partner with Detroit-based management-side labor and employment law firm Nemeth Bonnette Brouwer PC, has been named to the Michigan Lawyers Weekly Leaders in the Law Class of 2024.
Bonnette joined Nemeth Bonnette Brouwer in 2004 after serving as a law clerk for the firm during law school. He was named a partner in 2013 and became a firm co-owner in 2020, along with Managing Partner Deborah Brouwer. A litigator, he is also regularly sought out by clients for day-to-day legal counseling on the hiring and firing decisions, discrimination, harassment, retaliation, and the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA).
An educator, Bonnette also presents on-site and virtual training programs for supervisors and executives on hot-button issues, as well as the nuts and bolts of HR. He created and leads the firm’s Raising the Bar educational series focused on increasing employer awareness of trending issues in employment law.
The law is a second career for Bonnette, who started his professional life as a debate and forensics coach at Bradley University, where he was also a student on the debate and forensics team as an undergrad. He also coached at Illinois State University while he was in graduate school, and at Eastern Michigan University, where he coached for seven years and served as an adjunct faculty member. In all, Bonnette coached 44 individual national champions during his debate and forensics coaching career. He received his law degree from Wayne State University Law School.
The Leader in the Law honor follows recent and repeated recognition Bonnette has received from other legal organizations including Leading Lawyers, Best Lawyers, and Michigan Super Lawyers. In 2021, he was named a Go To Lawyer in employment law, also by Michigan Lawyers Weekly. Active in the profession and community endeavors, Bonnette is a Planning Committee member for the Institute for Continuing Legal Education’s annual Labor and Employment Law Institute, a Sustaining Life Fellow of the American Bar Foundation, and member of the Alternative Dispute Resolution and Labor and Employment sections of the State Bar of Michigan.
A lifelong supporter of the arts, Bonnette is a board member of Mosaic Youth Theatre, serving as chair of the Governance Committee for several years before being elected board chair in 2023 and again in 2024.
• • •
The achievements of Kitch attorneys were recently recognized at the 20th Annual Dennis W. Archer Public Service Award Gala. Brian Boehne, Carina Kraatz, and John Sier were recognized with Pro Bono Awards.
Pro Bono Awardees are members who contributed at least 30 hours of pro bono work this year by volunteering for the Detroit Legal Services Clinic or one of the many pro bono opportunities presented by the Detroit Bar Association.
COMMENTARY: Americans face an insurability crisis as climate change worsens disasters
December 03 ,2024
Home insurance rates are rising in the United States, not only in
Florida, which saw tens of billions of dollars in losses from hurricanes
Helene and Milton, but across the country.
:
By Andrew J. Hoffman
University of Michigan
(THE CONVERSATION) Home insurance rates are rising in the United States, not only in Florida, which saw tens of billions of dollars in losses from hurricanes Helene and Milton, but across the country.
According to S&P Global Market Intelligence, homeowners insurance increased an average of 11.3% nationwide in 2023, with some states, including Texas, Arizona and Utah, seeing nearly double that increase. Some analysts predict an average increase of about 6% in 2024.
These increases are driven by a potent mix of rising insurance payouts coupled with rising costs of construction as people build increasingly expensive homes and other assets in harm's way.
When home insurance averages $2,377 a year nationally, and $11,000 per year in Florida, this is a blow to many people. Despite these rising rates, Jacques de Vaucleroy, chairman of the board of reinsurance giant Swiss Re, believes U.S. insurance is still priced too low to fully cover the risks.
It isn't just that premiums are changing. Insurers now often reduce coverage limits, cap payouts, increase deductibles and impose new conditions or even exclusions on some common perils, such as protection for wind, hail or water damage. Some require certain preventive measures or apply risk-based pricing – charging more for homes in flood plains, wildfire-prone zones, or coastal areas at risk of hurricanes.
Homeowners watching their prices rise faster than inflation might think something sinister is at play. Insurance companies are facing rapidly evolving risks, however, and trying to price their policies low enough to remain competitive but high enough to cover future payouts and remain solvent in a stormier climate. This is not an easy task. In 2021 and 2022, seven property insurers filed for bankruptcy in Florida alone. In 2023, insurers lost money on homeowners coverage in 18 states.
But these changes are raising alarm bells. Some industry insiders worry that insurance may be losing its relevance and value – real or perceived – for policyholders as coverage shrinks, premiums rise and exclusions increase.
—How insurers assess risk
Insurance companies use complex models to estimate the likelihood of current risks based on past events. They aggregate historical data – such as event frequency, scale, losses and contributing factors – to calculate price and coverage.
However, the increase in disasters makes the past an unreliable measure. What was once considered a 100-year event may now be better understood as a 30- or 50-year event in some locations.
What many people do not realize is that the rise of so-called "secondary perils" – an insurance industry term for floods, hailstorms, strong winds, lightning strikes, tornadoes and wildfires that generate small to mid-size damage – is becoming the main driver of the insurability challenge, particularly as these events become more intense, frequent and cumulative, eroding insurers' profitability over time.
Climate change plays a role in these rising risks. As the climate warms, air can hold more moisture – about 7% more with every degree Celsius of warming. That leads to stronger downpours, more thunderstorms, larger hail events and a higher risk of flooding in some regions. The U.S. was on average 1.5 degrees Celsius (2.6 degrees Fahrenheit) warmer in 2022 than in 1970.
Insurance companies are revising their models to keep up with these changes, much as they did when smoking-related illnesses became a significant cost burden in life and health insurance. Some companies use climate modeling to augment their standard actuarial risk modeling. But some states have been hesitant to allow climate modeling, which can leave companies systematically underrepresenting the risks they face.
Each company develops its own assessment and geographic strategy to reach a different conclusion. For example, Progressive Insurance has raised its homeowner rates by 55% between 2018 and 2023, while State Farm has raised them only 13.7%.
While a homeowner who chooses to make home improvements, such as installing a luxury kitchen, can expect an increase in premiums to account for the added replacement value, this effect is typically small and predictable. Generally, the more substantial premium hikes are due to the ever-increasing risk of severe weather and natural disasters.
—Insurance for insurers
When risks become too unpredictable or volatile, insurers can turn to reinsurance for help.
Reinsurance companies are essentially insurance companies that insure insurance companies. But in recent years, reinsurers have recognized that their risk models are also no longer accurate and have raised their rates accordingly. Property reinsurance alone increased by 35% in 2023.
Reinsurance is also not very well suited to covering secondary perils. The traditional reinsurance model is focused on large, rare catastrophes, such as devastating hurricanes and earthquakes.
As an alternative, some insurers are moving toward parametric insurance, which provides a predefined payment if an event meets or exceeds a predefined intensity threshold. These policies are less expensive for consumers because the payouts are capped and cover events such as a magnitude 7 earthquake, excessive rain within a 24-hour period or a Category 3 hurricane in a defined geographical area. The limits allow insurers to provide a less expensive form of insurance that is less likely to severely disrupt their finances.
Protecting the consumer
Of course, insurers don't operate in an entirely free market. State insurance regulators evaluate insurance companies' proposals to raise rates and either approve or deny them.
The insurance industry in North Carolina, for example, where Hurricane Helene caused catastrophic damage, is arguing for a homeowner premium increase of more than 42% on average, ranging from 4% in parts of the mountains to 99% in some waterfront areas.
If a rate increase is denied, it could force an insurer to simply withdraw from certain market sectors, cancel existing policies or refuse to write new ones when their "loss ratio" – the ratio of claims paid to premiums collected – becomes too high for too long.
Since 2022, seven of the top 12 insurance carriers have either cut existing homeowners policies or stopped selling new ones in the wildfire-prone California homeowner market, and an equal number have pulled back from the Florida market due to the increasing cost of hurricanes.
To stem this tide, California is reforming its regulations to speed up the rate increase approval process and allow insurers to make their case using climate models to judge wildfire risk more accurately.
Florida has instituted regulatory reforms that have reduced litigation and associated costs and has removed 400,000 policies from the state-run insurance program. As a result, eight insurance carriers have entered the market there since 2022.
—Looking ahead
Solutions to the mounting insurance crisis also involve how and where people build. Building codes can require more resilient homes, akin to how fire safety standards increased the effectiveness of insurance many decades ago.
By one estimate, investing $3.5 billion in making the two-thirds of U.S. homes not currently up to code more resilient to storms could save insurers as much as $37 billion by 2030.
In the end, if affordability and relevance of insurance continue to degrade, real estate prices will start to decline in exposed locations. This will be the most tangible sign that climate change is driving an insurability crisis that disrupts wider financial stability.
Justin D'Atri, Climate Coach at the education platform Adaptify U and Sustainability Transformation Lead at Zurich Insurance Group, contributed to this article.
————————
The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts. This article is republished from The Conversation under a Creative Commons license.
University of Michigan
(THE CONVERSATION) Home insurance rates are rising in the United States, not only in Florida, which saw tens of billions of dollars in losses from hurricanes Helene and Milton, but across the country.
According to S&P Global Market Intelligence, homeowners insurance increased an average of 11.3% nationwide in 2023, with some states, including Texas, Arizona and Utah, seeing nearly double that increase. Some analysts predict an average increase of about 6% in 2024.
These increases are driven by a potent mix of rising insurance payouts coupled with rising costs of construction as people build increasingly expensive homes and other assets in harm's way.
When home insurance averages $2,377 a year nationally, and $11,000 per year in Florida, this is a blow to many people. Despite these rising rates, Jacques de Vaucleroy, chairman of the board of reinsurance giant Swiss Re, believes U.S. insurance is still priced too low to fully cover the risks.
It isn't just that premiums are changing. Insurers now often reduce coverage limits, cap payouts, increase deductibles and impose new conditions or even exclusions on some common perils, such as protection for wind, hail or water damage. Some require certain preventive measures or apply risk-based pricing – charging more for homes in flood plains, wildfire-prone zones, or coastal areas at risk of hurricanes.
Homeowners watching their prices rise faster than inflation might think something sinister is at play. Insurance companies are facing rapidly evolving risks, however, and trying to price their policies low enough to remain competitive but high enough to cover future payouts and remain solvent in a stormier climate. This is not an easy task. In 2021 and 2022, seven property insurers filed for bankruptcy in Florida alone. In 2023, insurers lost money on homeowners coverage in 18 states.
But these changes are raising alarm bells. Some industry insiders worry that insurance may be losing its relevance and value – real or perceived – for policyholders as coverage shrinks, premiums rise and exclusions increase.
—How insurers assess risk
Insurance companies use complex models to estimate the likelihood of current risks based on past events. They aggregate historical data – such as event frequency, scale, losses and contributing factors – to calculate price and coverage.
However, the increase in disasters makes the past an unreliable measure. What was once considered a 100-year event may now be better understood as a 30- or 50-year event in some locations.
What many people do not realize is that the rise of so-called "secondary perils" – an insurance industry term for floods, hailstorms, strong winds, lightning strikes, tornadoes and wildfires that generate small to mid-size damage – is becoming the main driver of the insurability challenge, particularly as these events become more intense, frequent and cumulative, eroding insurers' profitability over time.
Climate change plays a role in these rising risks. As the climate warms, air can hold more moisture – about 7% more with every degree Celsius of warming. That leads to stronger downpours, more thunderstorms, larger hail events and a higher risk of flooding in some regions. The U.S. was on average 1.5 degrees Celsius (2.6 degrees Fahrenheit) warmer in 2022 than in 1970.
Insurance companies are revising their models to keep up with these changes, much as they did when smoking-related illnesses became a significant cost burden in life and health insurance. Some companies use climate modeling to augment their standard actuarial risk modeling. But some states have been hesitant to allow climate modeling, which can leave companies systematically underrepresenting the risks they face.
Each company develops its own assessment and geographic strategy to reach a different conclusion. For example, Progressive Insurance has raised its homeowner rates by 55% between 2018 and 2023, while State Farm has raised them only 13.7%.
While a homeowner who chooses to make home improvements, such as installing a luxury kitchen, can expect an increase in premiums to account for the added replacement value, this effect is typically small and predictable. Generally, the more substantial premium hikes are due to the ever-increasing risk of severe weather and natural disasters.
—Insurance for insurers
When risks become too unpredictable or volatile, insurers can turn to reinsurance for help.
Reinsurance companies are essentially insurance companies that insure insurance companies. But in recent years, reinsurers have recognized that their risk models are also no longer accurate and have raised their rates accordingly. Property reinsurance alone increased by 35% in 2023.
Reinsurance is also not very well suited to covering secondary perils. The traditional reinsurance model is focused on large, rare catastrophes, such as devastating hurricanes and earthquakes.
As an alternative, some insurers are moving toward parametric insurance, which provides a predefined payment if an event meets or exceeds a predefined intensity threshold. These policies are less expensive for consumers because the payouts are capped and cover events such as a magnitude 7 earthquake, excessive rain within a 24-hour period or a Category 3 hurricane in a defined geographical area. The limits allow insurers to provide a less expensive form of insurance that is less likely to severely disrupt their finances.
Protecting the consumer
Of course, insurers don't operate in an entirely free market. State insurance regulators evaluate insurance companies' proposals to raise rates and either approve or deny them.
The insurance industry in North Carolina, for example, where Hurricane Helene caused catastrophic damage, is arguing for a homeowner premium increase of more than 42% on average, ranging from 4% in parts of the mountains to 99% in some waterfront areas.
If a rate increase is denied, it could force an insurer to simply withdraw from certain market sectors, cancel existing policies or refuse to write new ones when their "loss ratio" – the ratio of claims paid to premiums collected – becomes too high for too long.
Since 2022, seven of the top 12 insurance carriers have either cut existing homeowners policies or stopped selling new ones in the wildfire-prone California homeowner market, and an equal number have pulled back from the Florida market due to the increasing cost of hurricanes.
To stem this tide, California is reforming its regulations to speed up the rate increase approval process and allow insurers to make their case using climate models to judge wildfire risk more accurately.
Florida has instituted regulatory reforms that have reduced litigation and associated costs and has removed 400,000 policies from the state-run insurance program. As a result, eight insurance carriers have entered the market there since 2022.
—Looking ahead
Solutions to the mounting insurance crisis also involve how and where people build. Building codes can require more resilient homes, akin to how fire safety standards increased the effectiveness of insurance many decades ago.
By one estimate, investing $3.5 billion in making the two-thirds of U.S. homes not currently up to code more resilient to storms could save insurers as much as $37 billion by 2030.
In the end, if affordability and relevance of insurance continue to degrade, real estate prices will start to decline in exposed locations. This will be the most tangible sign that climate change is driving an insurability crisis that disrupts wider financial stability.
Justin D'Atri, Climate Coach at the education platform Adaptify U and Sustainability Transformation Lead at Zurich Insurance Group, contributed to this article.
————————
The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts. This article is republished from The Conversation under a Creative Commons license.
COMMENTARY: Justice system faces a cloudy future
December 03 ,2024
In 1961, President John F. Kennedy appointed his brother, Bobby, to the post of U.S. Attorney General.
:
By Berl Falbaum
In 1961, President John F. Kennedy appointed his brother, Bobby, to the post of U.S. Attorney General.
Not only was it blatant nepotism, but it tainted the objectivity so desperately needed in that office. Bobby would never have investigated his brother or refused to carry out the policies, instructions, and objectives of JFK.
Critics (this one included) called for amending the appointment process to protect complete independence of the attorney general. It is, arguably, the most important position in the administration, given its responsibility to uphold the rule of law. The individual holding that post should not feel beholden to the president or Congress — or anyone.
At the time of Bobby’s appointment, I argued that constitutional scholars could develop an appointment procedure which avoids creating public distrust and suspicion, one that insulates an attorney general from political pressure.
Perhaps a president appoints a special commission that would nominate a candidate and then send its choice to Congress where — in secret — the candidate is approved or rejected. Secrecy would guarantee that the individual would not know who voted for or against the nomination. Or the commission’s choice could be final not needing congressional approval. Of course, the commission would also have the power to remove the attorney general for malpractice.
Change never came but, fortunately, in the ensuring years, despite the flawed procedure, that institution generally held firm to the rule of law.
Now, however, we are paying the price for failing to improve the appointment process and the attorney general’s independence is severely endangered.
There can be little doubt that whoever is nominated by President-elect Donald Trump, a corrupt man who will expect his appointee to show absolute loyalty and carry out his goals of “retribution” — his words — will tarnish the office as never before.
Trump’s first choice, Rep. Matt Gaetz, of Florida, had to withdraw from consideration given controversies over alleged sex trafficking and drug use.
Before you cheer, consider Trump’s follow-up nominee Pam Bondi, former Florida Attorney General and someone who is joined at the hip with Trump.
Bondi served as one of Trump’s defense attorneys during his first impeachment trial. She also is an election denier, having claimed the 2020 election was “rigged” in Pennsylvania. She charged fraud even before all the votes were counted.
She also acted as a surrogate on the 2024 campaign trail and led the legal arm of the America First Policy Institute, a right-wing think tank aligned with Trump.
And that’s not all.
During the 2016 campaign, Trump’s Foundation sent a $25,000 donation to Bondi’s fund-raising committee four days after her office was considering an investigation into Trump University. An investigation was never undertaken and all parties denied a quid quo pro.
The donation was discovered in the final weeks of the 2016 presidential race after Trump’s campaign confirmed that the then-Republican nominee paid a $2,500 fine for the donation after an ethics group complained it was not disclosed to tax officials.
“While there was never an investigation, staff, doing due diligence, reviewed the complaints and the New York litigation and made the proper determination that the New York litigation would provide relief to aggrieved consumers nationwide,” a Bondi spokesperson said at the time.
A look back: We should not forget that we faced the Trump threat of undermining the integrity of the AG office just before he left office in January 2021.
As reported in several stories, Trump was considering firing Jeffrey A. Rosen, the acting attorney general, because Rosen refused to pressure Georgia lawmakers to overturn the 2020 election results in that state.
According to the reports, Trump had his eye on someone who would do his bidding: Jeffrey Clark, an assistant attorney general. Under the plan,
Rosen would be fired and Clark would be appointed to the top position.
Why did the “coup” fail? All the lawyers in the department threatened to resign if Trump appointed Clark. Who knows what would have happened had Trump been successful. We might well have lost our democracy.
It was heartening to discover that we had highly principled people, men and women, who stood firm. In these divisive and cynical times, their display on uncompromising integrity and commitment to the rule of law is now a rarity in our politics.
The last time we were experienced such political fortitude and courage was in October 1973 when Attorney General Elliot Richardson and his deputy, William Ruckelshaus, resigned rather than obey President Nixon’s order to fire the Watergate Special Prosecutor Archibald Cox.
We will not be so fortunate this time. Even if Bondi is not confirmed by the Senate, ultimately the president will get a loyalist for the AG post. The Senate cannot reject Trump’s nominees indefinitely.
The issue of the appointment process for AG is moot now. It is too late to alter the nomination and confirmation process.
We have been lucky through the years. Now, sadly, our entire constitutional justice system faces a perilous future.
Through the years, the attorney general was the fox watching the hen house. Now the fox will sit in the White House.
————————
Berl Falbaum is a veteran journalist and author of 12 books.
In 1961, President John F. Kennedy appointed his brother, Bobby, to the post of U.S. Attorney General.
Not only was it blatant nepotism, but it tainted the objectivity so desperately needed in that office. Bobby would never have investigated his brother or refused to carry out the policies, instructions, and objectives of JFK.
Critics (this one included) called for amending the appointment process to protect complete independence of the attorney general. It is, arguably, the most important position in the administration, given its responsibility to uphold the rule of law. The individual holding that post should not feel beholden to the president or Congress — or anyone.
At the time of Bobby’s appointment, I argued that constitutional scholars could develop an appointment procedure which avoids creating public distrust and suspicion, one that insulates an attorney general from political pressure.
Perhaps a president appoints a special commission that would nominate a candidate and then send its choice to Congress where — in secret — the candidate is approved or rejected. Secrecy would guarantee that the individual would not know who voted for or against the nomination. Or the commission’s choice could be final not needing congressional approval. Of course, the commission would also have the power to remove the attorney general for malpractice.
Change never came but, fortunately, in the ensuring years, despite the flawed procedure, that institution generally held firm to the rule of law.
Now, however, we are paying the price for failing to improve the appointment process and the attorney general’s independence is severely endangered.
There can be little doubt that whoever is nominated by President-elect Donald Trump, a corrupt man who will expect his appointee to show absolute loyalty and carry out his goals of “retribution” — his words — will tarnish the office as never before.
Trump’s first choice, Rep. Matt Gaetz, of Florida, had to withdraw from consideration given controversies over alleged sex trafficking and drug use.
Before you cheer, consider Trump’s follow-up nominee Pam Bondi, former Florida Attorney General and someone who is joined at the hip with Trump.
Bondi served as one of Trump’s defense attorneys during his first impeachment trial. She also is an election denier, having claimed the 2020 election was “rigged” in Pennsylvania. She charged fraud even before all the votes were counted.
She also acted as a surrogate on the 2024 campaign trail and led the legal arm of the America First Policy Institute, a right-wing think tank aligned with Trump.
And that’s not all.
During the 2016 campaign, Trump’s Foundation sent a $25,000 donation to Bondi’s fund-raising committee four days after her office was considering an investigation into Trump University. An investigation was never undertaken and all parties denied a quid quo pro.
The donation was discovered in the final weeks of the 2016 presidential race after Trump’s campaign confirmed that the then-Republican nominee paid a $2,500 fine for the donation after an ethics group complained it was not disclosed to tax officials.
“While there was never an investigation, staff, doing due diligence, reviewed the complaints and the New York litigation and made the proper determination that the New York litigation would provide relief to aggrieved consumers nationwide,” a Bondi spokesperson said at the time.
A look back: We should not forget that we faced the Trump threat of undermining the integrity of the AG office just before he left office in January 2021.
As reported in several stories, Trump was considering firing Jeffrey A. Rosen, the acting attorney general, because Rosen refused to pressure Georgia lawmakers to overturn the 2020 election results in that state.
According to the reports, Trump had his eye on someone who would do his bidding: Jeffrey Clark, an assistant attorney general. Under the plan,
Rosen would be fired and Clark would be appointed to the top position.
Why did the “coup” fail? All the lawyers in the department threatened to resign if Trump appointed Clark. Who knows what would have happened had Trump been successful. We might well have lost our democracy.
It was heartening to discover that we had highly principled people, men and women, who stood firm. In these divisive and cynical times, their display on uncompromising integrity and commitment to the rule of law is now a rarity in our politics.
The last time we were experienced such political fortitude and courage was in October 1973 when Attorney General Elliot Richardson and his deputy, William Ruckelshaus, resigned rather than obey President Nixon’s order to fire the Watergate Special Prosecutor Archibald Cox.
We will not be so fortunate this time. Even if Bondi is not confirmed by the Senate, ultimately the president will get a loyalist for the AG post. The Senate cannot reject Trump’s nominees indefinitely.
The issue of the appointment process for AG is moot now. It is too late to alter the nomination and confirmation process.
We have been lucky through the years. Now, sadly, our entire constitutional justice system faces a perilous future.
Through the years, the attorney general was the fox watching the hen house. Now the fox will sit in the White House.
————————
Berl Falbaum is a veteran journalist and author of 12 books.
COUNSELOR’S CORNER: The psychology and spirituality of gratitude
November 26 ,2024
In two days, we celebrate Thanksgiving. Throughout our country we are
reminded to be grateful for so many things. We become challenged to
focus on being thankful for so many people: relatives, spouses,
children, parents, grandparents, friends, new friends and everyone we
meet who treat us with love and kindness.
:
In two days, we celebrate Thanksgiving. Throughout our country we are reminded to be grateful for so many things. We become challenged to focus on being thankful for so many people: relatives, spouses, children, parents, grandparents, friends, new friends and everyone we meet who treat us with love and kindness. We have gratefulness for what we possess. We realize that there can be a God who will always love us and help us. We become filled with gratitude about experiencing life. We become so inspired by what we see and hear. We become filled with appreciation for all the goodness that has happened to us in life. In fact, we began to realize that there have been many good and positive things that has happened to us in life and that we know of so many good and kind people that have positively influenced us throughout our life.
Thanksgiving becomes a time to realize the positive, personal, psychological and spiritual influence upon us when we become consciously grateful. Thanksgiving Day is like a day of meditating on Gratitude. It becomes a time when we look upon life and people with an attitude of gratitude. And we hear the words “Happy Thanksgiving” or I hope you have a “Happy Thanksgiving” so often. Gratefulness seems to be all around us this last week of November.
When we embrace gratitude, we smile. And then we smile at people. We look for goodness in everything and everyone. Emotionally our hearts become loving and warm. We begin to realize how important it is for us to be grateful and how anger, resentments and judgments of other people put us into an emotional prison and take away our experience of gratitude. Angry and critical attitudes are never helpful to us emotionally or spiritually.
I become very grateful around the Thanksgiving Season because it is the prelude to the Holiday Season of positive spirituality for everyone. Spirituality becomes experienced on a deeper level when we are grateful, when we give gifts to others, when we get together as families and friends. This happens from Thanksgiving to the end of December when we celebrate so many spiritual days depending on what our religious or spiritual background might be. The two things everyone has no matter what Faith or Religion we might practice or not practice is Gratitude and Love. Gratitude and Love open our hearts and minds to something very profound and uplifting. When someone smiles at me and speaks kindly, I feel uplifted. I feel loved and grateful.
At the loving apartment complex where I live, we had today, Sunday, a tree decorating get together and coffee and cookies. As I gathered with these kind and loving people, I felt such warmth and kindness. Then some of them started telling me about the warmth and kindness of my favorite restaurant where they also like to have Brunch, The Brunch Bar. It became a time for all of us at this gathering to be caring, kind and grateful. What a positive experience of emotional love and spirituality. It was like a gathering of Thankfulness as we looked at each with warmth and gratitude. The more I show kindness to other people, the more I fill them with gratitude. When someone is kind and loving toward me, I feel so grateful.
When love and gratitude are present, I am able to embrace my emotional wounds in an open manner and not run from myself. I began to see more clearly the wisdom of embracing the moment and never running away from what I need to feel. Life is meant to be lived with gratefulness, love, openness, humility and honesty. When this happens, I become more grateful and I experience the importance of always being loving toward everyone. Thanksgiving and an Attitude of Gratitude will give me an experience of Love and an experience of God. Inner freedom can then embrace me and I become healthier emotionally and spiritually. Love and Gratitude will always make me a better person and my corner of the world a better place. For this next month, I will invest in a deeper experience of being Thankful and a deeper attitude of gratitude.
————————
Fred Cavaiani is a licensed marriage & family therapist and limited licensed psychologist with a private practice in Troy. He is the founder of Marriage Growth Center. He conducts numerous programs for groups throughout Michigan. Cavaiani is associate editor and contributing writer for Human Development Magazine. His column in the Legal News runs every other Tuesday. He can be reached at 248-362-3340. His e-mail address is: Fredcavi@yahoo.com and his website is FredsCounselorsCorner.com.
Thanksgiving becomes a time to realize the positive, personal, psychological and spiritual influence upon us when we become consciously grateful. Thanksgiving Day is like a day of meditating on Gratitude. It becomes a time when we look upon life and people with an attitude of gratitude. And we hear the words “Happy Thanksgiving” or I hope you have a “Happy Thanksgiving” so often. Gratefulness seems to be all around us this last week of November.
When we embrace gratitude, we smile. And then we smile at people. We look for goodness in everything and everyone. Emotionally our hearts become loving and warm. We begin to realize how important it is for us to be grateful and how anger, resentments and judgments of other people put us into an emotional prison and take away our experience of gratitude. Angry and critical attitudes are never helpful to us emotionally or spiritually.
I become very grateful around the Thanksgiving Season because it is the prelude to the Holiday Season of positive spirituality for everyone. Spirituality becomes experienced on a deeper level when we are grateful, when we give gifts to others, when we get together as families and friends. This happens from Thanksgiving to the end of December when we celebrate so many spiritual days depending on what our religious or spiritual background might be. The two things everyone has no matter what Faith or Religion we might practice or not practice is Gratitude and Love. Gratitude and Love open our hearts and minds to something very profound and uplifting. When someone smiles at me and speaks kindly, I feel uplifted. I feel loved and grateful.
At the loving apartment complex where I live, we had today, Sunday, a tree decorating get together and coffee and cookies. As I gathered with these kind and loving people, I felt such warmth and kindness. Then some of them started telling me about the warmth and kindness of my favorite restaurant where they also like to have Brunch, The Brunch Bar. It became a time for all of us at this gathering to be caring, kind and grateful. What a positive experience of emotional love and spirituality. It was like a gathering of Thankfulness as we looked at each with warmth and gratitude. The more I show kindness to other people, the more I fill them with gratitude. When someone is kind and loving toward me, I feel so grateful.
When love and gratitude are present, I am able to embrace my emotional wounds in an open manner and not run from myself. I began to see more clearly the wisdom of embracing the moment and never running away from what I need to feel. Life is meant to be lived with gratefulness, love, openness, humility and honesty. When this happens, I become more grateful and I experience the importance of always being loving toward everyone. Thanksgiving and an Attitude of Gratitude will give me an experience of Love and an experience of God. Inner freedom can then embrace me and I become healthier emotionally and spiritually. Love and Gratitude will always make me a better person and my corner of the world a better place. For this next month, I will invest in a deeper experience of being Thankful and a deeper attitude of gratitude.
————————
Fred Cavaiani is a licensed marriage & family therapist and limited licensed psychologist with a private practice in Troy. He is the founder of Marriage Growth Center. He conducts numerous programs for groups throughout Michigan. Cavaiani is associate editor and contributing writer for Human Development Magazine. His column in the Legal News runs every other Tuesday. He can be reached at 248-362-3340. His e-mail address is: Fredcavi@yahoo.com and his website is FredsCounselorsCorner.com.
LEGAL PEOPLE
November 26 ,2024
Thirty-two Butzel attorneys have been named Top Lawyers in metro Detroit
2025 by DBusiness magazine. The list appears in the November/December
2024 edition.
:
Thirty-two Butzel attorneys have been named Top Lawyers in metro Detroit 2025 by DBusiness magazine. The list appears in the November/December 2024 edition. The local attorneys and their practice areas are listed below:
—Detroit office
Linda J. Armstrong, Immigration Law
James C. Bruno, Corporate Law
Eric J. Flessland, Construction Law
Bernard J. Fuhs, Franchise Law
Justin G. Klimko, Mergers & Acquisitions Law
Mark R. Lezotte, Nonprofit/ Charities Law
Clara DeMatteis Mager, Immigration Law
Reginald A. Pacis, Immigration Law
Angela Emmerling Shapiro, Information Management & Discovery Law
—Troy office
Jennifer E. Consiglio, Corporate Law
Rebecca S. Davies, Labor & Employment Law
Michael C. Decker, Construction Law, Litigation – Construction
Carey A. DeWitt, Labor & Employment Law
George B. Donnini, Criminal Defense - White-Collar
Damien DuMouchel, Criminal Defense - White-Collar
David F. DuMouchel, Criminal Defense - White-Collar
Debra A. Geroux, Health Care Law
Beth S. Gotthelf, Environmental Law
Laura E. Johnson, Corporate Law
Susan L. Johnson, Environmental Law
Thomas A. Kabel, Real Estate Law
Bushra A. Malik, Immigration Law
Max J. Newman, Bankruptcy & Creditor/ Debtor Rights Law
Robert P. Perry, Trusts & Estates
Joseph E. Richotte, Criminal Defense - White-Collar
Daniel Soleimani, Tax Law
Roxana Zaha, Real Estate Law
• • •
Michigan Governor Gretchen Whitmer recently announced the appointment of Wolfgang Mueller to the Michigan Unarmed Combat Commission.
Mueller is a boxing manager and third-degree black belt in Tang Soo Do and the owner of Mueller Law Firm. Mueller earned a Bachelor of Science in mechanical engineering from Michigan State University, a Master of Science in mechanical engineering from University of Michigan – Dearborn, and a law degree from Michigan State University College of Law.
Mueller is reappointed to represent mixed martial artists for a term commencing November 14, 2024, and expiring June 5, 2028.
The Michigan Unarmed Combat Commission is the successor to the Michigan Boxing Commission and is responsible for the regulation of professional boxing and mixed martial arts. The Commission and the Department of Licensing and Regulatory Affairs are vested with management, control, and jurisdiction over all professional boxing, professional or amateur mixed martial arts, or unarmed combat contests or events conducted in this state.
This appointment is subject to the advice and consent of the Senate.
• • •
Foster, Swift, Collins, & Smith PC welcomes litigator Lino A. Taormina to the firm’s Southfield office. Having practiced in Southeast Michigan for more than five years, Taormina primarily represents insurance carriers in:
• First-party, No-Fault suits
• Third-party auto negligence suits
• Insurance coverage disputes
His litigation experience also includes:
• Construction defect suits
• Premises liability suits
• Large loss pre-suit investigations, along with a variety of tort and contract litigation.
Taormina received his law degree from the University of Toledo College of Law in 2019. While attending law school, he served as law clerk to Monroe County Circuit Court Judge Daniel S. White. Prior to that, he received his B.S. degree in Accounting from Adrian College.
• • •
Ottenwess Law is pleased to announce that Jack Ottenwess has been appointed co-chair of the Michigan Defense Trial Counsel (MDTC) Professional Liability & Health Care Section.
As co-chair, Ottenwess will collaborate with MDTC to strengthen engagement within the organization and promote professional development in the areas of professional liability and health care law. His responsibilities will include:
• Participating in MDTC board meetings and providing updates on section progress.
• Contributing to publications for the Michigan Defense Quarterly each year.
• Offering relevant topics, speakers, and presentations for MDTC’s Summer and Winter Conferences.
• Organizing webinars specific to the section’s focus.
• Connecting and interacting with new MDTC members at the annual orientation session.
• Engaging and growing membership in MDTC.
• Recommending resources for the MDTC Board in the area of professional liability and health care.
• • •
McDonald Hopkins is proud to welcome associate Hannah Jones to the firm’s Litigation Department and the national Data Privacy and Cybersecurity Practice Group.
“I was attracted to McDonald Hopkins because of its culture, investment in its attorneys, and its accomplishments and involvement in the data privacy world,” Jones said. “What makes McDonald Hopkins’ Data Privacy and Cybersecurity practice unique is its combination of knowledge of data privacy and cybersecurity law, relationships across the industry, and attorneys with a wide range of backgrounds and professional experiences. This combination allows McDonald Hopkins to create client-focused solutions and help address client needs.”
Jones specializes in incident response and pre-breach services. Her experience in data privacy and cybersecurity stems from her time as a deputy attorney general in the Data Privacy and ID Theft Unit for the Office of the Indiana Attorney General. In this role, she enforced laws and sanctions related to data breaches and HIPAA violations, investigated ransomware attacks, issued civil investigative demands to ensure compliance with privacy regulations and collaborated with attorneys general nationwide on multistate investigations and settlements. She is well-versed in handling the implications and minimizing the harm of incidents that have a broad impact on consumers.
Jones received her law degree from Indiana University Maurer School of Law. She represents clients across the country working remotely for the Detroit office of McDonald Hopkins.
• • •
Varnum is pleased to announce the addition of several new associate attorneys including Charlotte Jolly, Dilan Kama, and Julia Moran.
Jolly graduated from Wayne State University Law School. She attended Michigan State University for her undergraduate degree and is located in the Novi office.
Kama graduated Wayne State University Law School and interned for U.S. District Court Judge Thomas L. Ludington, Eastern District of Michigan. He received his undergraduate degree from Wayne State University and works in the Birmingham office.
Moran graduated from Michigan State University College of Law. She received her undergraduate degree from the University of Michigan and is based in the Birmingham office.
• • •
Dawda Mann is pleased to announce that 21 attorneys have been recognized in DBusiness Magazine’s 2025 Top Lawyers list. The following Dawda Mann attorneys have been named to the 2025 DBusiness Top Lawyers list:
Randal R. Cole, Labor and Employment Law
Brian J. Considine, Environmental Law
Edward C. Dawda, Corporate Law
Dana Kreis Glencer, Real Estate Law
Daniel M. Halprin, Real Estate Law
Joseph M. Judge, Real Estate Law
Eric A. Ladasz, Litigation – Commercial
Christopher R. Martella, Real Estate Law
Jeffrey D. Moss, Tax Law
John Mucha III, Litigation – Commercial
Glenn G. Ross, Trusts and Estates
Susan J. Sadler, Environmental Law
Marc K. Salach, Corporate Law
Todd A. Schafer, Real Estate Law
Wayne S. Segal, Banking & Financial Service Law
Richard M. Selik, Real Estate Law
Neil S. Silver, Environmental Law
Tyler D. Tennent, Environmental Law
Erin Bowen Welch, Real Estate Law
Frances Belzer Wilson, Litigation – Commercial
Robert A. Wright III, Banking & Financial Service Law
• • •
The American Board of Trial Advocates Michigan Chapter recently announced that Detroit member Dan Scully is this year’s recipient of the Presidential Award.
The award recognizes extraordinary contributions and dedication to furthering the mission of the American Board of Trial Advocates Michigan Chapter. This is Scully’s third recognition from ABOTA. He received the Richard Baxter Trial Lawyer of the Year honor in 2012, and the Scully Outstanding Service Award in 2017.
“I’m deeply humbled to be recognized with this year’s Presidential Award,” said Scully, a member at Clark Hill. “My father was an original member of ABOTA in Los Angeles in 1958. I was inducted in 1992 with my father present. To say that ABOTA has been a significant part of my personal and professional life is an understatement. I’m humbled and appreciative of this honor.”
Scully holds the rank of diplomate in ABOTA and is one of only a very few Michigan lawyers to hold that rank. He has served on the ABOTA National Board Representative for the Michigan Chapter since 2001 and will be serving in that capacity for another two years.
Scully is a Fellow of the American College of Trial Lawyers where is a member of the Michigan State Committee and is a past Chair of that committee. He is also the national chair of the admissions committee for ACTL. He is a Fellow of the International Society of Barristers and is currently serving as the Michigan state chair for the ISOB. Scully is a Fellow of the International Academy of Trial Lawyers and currently serves as the state chair for that organization as well.
• • •
Taft is pleased to announce that 16 Taft Detroit attorneys have been named to the DBusiness Top Lawyers 2025 list.
Following are the Taft honorees:
Jeremy Bisdorf, Intellectual Property & Patent Law
Jordan S. Bolton, Litigation – Commercial
Mark G. Cooper, Insurance Law
Shirley A. Kaigler, Trusts & Estates
Lee Kellert, Corporate Law
Mark L. Kowalsky, Securities Law
Mark P. Krysinski, Real Estate Law
Bill Lentine, Trusts & Estates
Eli Maroko, Immigration Law
Derek D. McLeod, Franchise Law
Gregory W. Moore, Health Care Law
Mark D. Rubenfire, Real Estate Law
Aaron H. Sherbin, Trusts & Estates
Arthur Siegal, Environmental Law
Jay Welford, Bankruptcy & Creditor/Debtor Rights Law
Richard A. Zussman, Real Estate Law
• • •
Brooks Kushman is pleased to announce that attorneys Mark Cantor, William Abbatt, and Hope Shovein have been recognized by DBusiness magazine to be among the “Top Lawyers 2025.” DBusiness recognized Cantor, Abbatt, and Shovein in the field of Intellectual Property Law.
Cantor is one of the founders of the firm and has been with the firm as a shareholder since 1983. He has more than 35 years of IP litigation experience. He has experience in dealing with complex litigation matters in all technology areas and has tried cases relating to patents, trademarks, trade secrets and copyrights in state and federal courts and administrative tribunals throughout the country and in a number of international forums. Cantor is recognized for his trademark litigation practice. Due to his success in this field, several of Brooks Kushman’s largest clients look to Cantor for trademark enforcement matters. He has also been recognized by many of the industry’s leading publications for his in-court victories, including obtaining the largest trademark jury verdict in Michigan history.
With more than 35 years of experience as a patent attorney, Abbatt’s practice covers all aspects of domestic and foreign patent preparation and prosecution, opinions, and intellectual property (IP)-related due diligence investigations, plus litigation and related client counseling. He has experience with various technologies and industries, including aeronautics, automotive, medical devices, computer software, and consumer products.
With more than 20 years of IP experience, Shovein manages trademark portfolios and develops IP strategies, including clearance, prosecution, enforcement, and everything in between, for both domestic and multinational companies. She also counsels on brand protection programs utilizing investigations, demand letters, online and social media platform takedowns, domain name complaints, as well as Trademark Trial and Appeal Board proceedings. She specializes in helping clients enforce their rights in any medium, including the unauthorized use of trademarks and copyright-protected material on the internet. Shovein is a past chair of both the State Bar of Michigan (SBM) Intellectual Property Law Section and also the Young Lawyers Section. She served as a commissioner on the SBM Board of Commissioners. Shovein has been named to World Trademark Review’s “WTR 1000” since 2018.
• • •
Maddin Hauser is pleased to announce that Nolan J. De Jong and Jonathan M. Sollish have joined the firm as associates. Newly admitted to the State Bar of Michigan in 2024, they will support several Maddin Hauser practices.
Before attending law school, De Jong was a professional hockey player. He now focuses his commitment and competitive spirit on his legal practice. De Jong earned his undergraduate degree at the University of Michigan.
Sollish was a government affairs professional for a national medical industry association before starting his legal career. In that position, he advocated for federal policy changes and oversaw many diverse aspects of the organization’s government relations efforts. He earned his undergraduate degree at Michigan State University.
De Jong and Sollish previously worked as summer associates at Maddin Hauser while pursuing their law degrees at Michigan State University College of Law.
Maddin Hauser is also pleased to announce that DBusiness Magazine has recognized 12 shareholders on the 2025 list of “Top Lawyers in Metro Detroit.” New to the list this year are David Eisenberg, Julie Mayer, and Gary Remer.
The recognized attorneys and their respective practice areas include:
David M. Eisenberg – Bankruptcy and Creditor/Debtor Rights Law
Martin S. Frenkel – Banking and Financial Services Law
Mark R. Hauser – Real Estate Law
Harvey R. Heller – Insurance Law
Robert D. Kaplow – Trusts and Estates
Kathleen H. Klaus – Professional Malpractice Law
Charles M. Lax – Employee Benefits Law
Julie C. Mayer – Insurance Law
Gary M. Remer – Franchise Law
Julie B. Teicher – Bankruptcy and Creditor/Debtor Rights Law
Steven M. Wolock – Legal Malpractice Law
Craig E. Zucker – Bankruptcy and Creditor/Debtor Rights Law
—Detroit office
Linda J. Armstrong, Immigration Law
James C. Bruno, Corporate Law
Eric J. Flessland, Construction Law
Bernard J. Fuhs, Franchise Law
Justin G. Klimko, Mergers & Acquisitions Law
Mark R. Lezotte, Nonprofit/ Charities Law
Clara DeMatteis Mager, Immigration Law
Reginald A. Pacis, Immigration Law
Angela Emmerling Shapiro, Information Management & Discovery Law
—Troy office
Jennifer E. Consiglio, Corporate Law
Rebecca S. Davies, Labor & Employment Law
Michael C. Decker, Construction Law, Litigation – Construction
Carey A. DeWitt, Labor & Employment Law
George B. Donnini, Criminal Defense - White-Collar
Damien DuMouchel, Criminal Defense - White-Collar
David F. DuMouchel, Criminal Defense - White-Collar
Debra A. Geroux, Health Care Law
Beth S. Gotthelf, Environmental Law
Laura E. Johnson, Corporate Law
Susan L. Johnson, Environmental Law
Thomas A. Kabel, Real Estate Law
Bushra A. Malik, Immigration Law
Max J. Newman, Bankruptcy & Creditor/ Debtor Rights Law
Robert P. Perry, Trusts & Estates
Joseph E. Richotte, Criminal Defense - White-Collar
Daniel Soleimani, Tax Law
Roxana Zaha, Real Estate Law
• • •
Michigan Governor Gretchen Whitmer recently announced the appointment of Wolfgang Mueller to the Michigan Unarmed Combat Commission.
Mueller is a boxing manager and third-degree black belt in Tang Soo Do and the owner of Mueller Law Firm. Mueller earned a Bachelor of Science in mechanical engineering from Michigan State University, a Master of Science in mechanical engineering from University of Michigan – Dearborn, and a law degree from Michigan State University College of Law.
Mueller is reappointed to represent mixed martial artists for a term commencing November 14, 2024, and expiring June 5, 2028.
The Michigan Unarmed Combat Commission is the successor to the Michigan Boxing Commission and is responsible for the regulation of professional boxing and mixed martial arts. The Commission and the Department of Licensing and Regulatory Affairs are vested with management, control, and jurisdiction over all professional boxing, professional or amateur mixed martial arts, or unarmed combat contests or events conducted in this state.
This appointment is subject to the advice and consent of the Senate.
• • •
Foster, Swift, Collins, & Smith PC welcomes litigator Lino A. Taormina to the firm’s Southfield office. Having practiced in Southeast Michigan for more than five years, Taormina primarily represents insurance carriers in:
• First-party, No-Fault suits
• Third-party auto negligence suits
• Insurance coverage disputes
His litigation experience also includes:
• Construction defect suits
• Premises liability suits
• Large loss pre-suit investigations, along with a variety of tort and contract litigation.
Taormina received his law degree from the University of Toledo College of Law in 2019. While attending law school, he served as law clerk to Monroe County Circuit Court Judge Daniel S. White. Prior to that, he received his B.S. degree in Accounting from Adrian College.
• • •
Ottenwess Law is pleased to announce that Jack Ottenwess has been appointed co-chair of the Michigan Defense Trial Counsel (MDTC) Professional Liability & Health Care Section.
As co-chair, Ottenwess will collaborate with MDTC to strengthen engagement within the organization and promote professional development in the areas of professional liability and health care law. His responsibilities will include:
• Participating in MDTC board meetings and providing updates on section progress.
• Contributing to publications for the Michigan Defense Quarterly each year.
• Offering relevant topics, speakers, and presentations for MDTC’s Summer and Winter Conferences.
• Organizing webinars specific to the section’s focus.
• Connecting and interacting with new MDTC members at the annual orientation session.
• Engaging and growing membership in MDTC.
• Recommending resources for the MDTC Board in the area of professional liability and health care.
• • •
McDonald Hopkins is proud to welcome associate Hannah Jones to the firm’s Litigation Department and the national Data Privacy and Cybersecurity Practice Group.
“I was attracted to McDonald Hopkins because of its culture, investment in its attorneys, and its accomplishments and involvement in the data privacy world,” Jones said. “What makes McDonald Hopkins’ Data Privacy and Cybersecurity practice unique is its combination of knowledge of data privacy and cybersecurity law, relationships across the industry, and attorneys with a wide range of backgrounds and professional experiences. This combination allows McDonald Hopkins to create client-focused solutions and help address client needs.”
Jones specializes in incident response and pre-breach services. Her experience in data privacy and cybersecurity stems from her time as a deputy attorney general in the Data Privacy and ID Theft Unit for the Office of the Indiana Attorney General. In this role, she enforced laws and sanctions related to data breaches and HIPAA violations, investigated ransomware attacks, issued civil investigative demands to ensure compliance with privacy regulations and collaborated with attorneys general nationwide on multistate investigations and settlements. She is well-versed in handling the implications and minimizing the harm of incidents that have a broad impact on consumers.
Jones received her law degree from Indiana University Maurer School of Law. She represents clients across the country working remotely for the Detroit office of McDonald Hopkins.
• • •
Varnum is pleased to announce the addition of several new associate attorneys including Charlotte Jolly, Dilan Kama, and Julia Moran.
Jolly graduated from Wayne State University Law School. She attended Michigan State University for her undergraduate degree and is located in the Novi office.
Kama graduated Wayne State University Law School and interned for U.S. District Court Judge Thomas L. Ludington, Eastern District of Michigan. He received his undergraduate degree from Wayne State University and works in the Birmingham office.
Moran graduated from Michigan State University College of Law. She received her undergraduate degree from the University of Michigan and is based in the Birmingham office.
• • •
Dawda Mann is pleased to announce that 21 attorneys have been recognized in DBusiness Magazine’s 2025 Top Lawyers list. The following Dawda Mann attorneys have been named to the 2025 DBusiness Top Lawyers list:
Randal R. Cole, Labor and Employment Law
Brian J. Considine, Environmental Law
Edward C. Dawda, Corporate Law
Dana Kreis Glencer, Real Estate Law
Daniel M. Halprin, Real Estate Law
Joseph M. Judge, Real Estate Law
Eric A. Ladasz, Litigation – Commercial
Christopher R. Martella, Real Estate Law
Jeffrey D. Moss, Tax Law
John Mucha III, Litigation – Commercial
Glenn G. Ross, Trusts and Estates
Susan J. Sadler, Environmental Law
Marc K. Salach, Corporate Law
Todd A. Schafer, Real Estate Law
Wayne S. Segal, Banking & Financial Service Law
Richard M. Selik, Real Estate Law
Neil S. Silver, Environmental Law
Tyler D. Tennent, Environmental Law
Erin Bowen Welch, Real Estate Law
Frances Belzer Wilson, Litigation – Commercial
Robert A. Wright III, Banking & Financial Service Law
• • •
The American Board of Trial Advocates Michigan Chapter recently announced that Detroit member Dan Scully is this year’s recipient of the Presidential Award.
The award recognizes extraordinary contributions and dedication to furthering the mission of the American Board of Trial Advocates Michigan Chapter. This is Scully’s third recognition from ABOTA. He received the Richard Baxter Trial Lawyer of the Year honor in 2012, and the Scully Outstanding Service Award in 2017.
“I’m deeply humbled to be recognized with this year’s Presidential Award,” said Scully, a member at Clark Hill. “My father was an original member of ABOTA in Los Angeles in 1958. I was inducted in 1992 with my father present. To say that ABOTA has been a significant part of my personal and professional life is an understatement. I’m humbled and appreciative of this honor.”
Scully holds the rank of diplomate in ABOTA and is one of only a very few Michigan lawyers to hold that rank. He has served on the ABOTA National Board Representative for the Michigan Chapter since 2001 and will be serving in that capacity for another two years.
Scully is a Fellow of the American College of Trial Lawyers where is a member of the Michigan State Committee and is a past Chair of that committee. He is also the national chair of the admissions committee for ACTL. He is a Fellow of the International Society of Barristers and is currently serving as the Michigan state chair for the ISOB. Scully is a Fellow of the International Academy of Trial Lawyers and currently serves as the state chair for that organization as well.
• • •
Taft is pleased to announce that 16 Taft Detroit attorneys have been named to the DBusiness Top Lawyers 2025 list.
Following are the Taft honorees:
Jeremy Bisdorf, Intellectual Property & Patent Law
Jordan S. Bolton, Litigation – Commercial
Mark G. Cooper, Insurance Law
Shirley A. Kaigler, Trusts & Estates
Lee Kellert, Corporate Law
Mark L. Kowalsky, Securities Law
Mark P. Krysinski, Real Estate Law
Bill Lentine, Trusts & Estates
Eli Maroko, Immigration Law
Derek D. McLeod, Franchise Law
Gregory W. Moore, Health Care Law
Mark D. Rubenfire, Real Estate Law
Aaron H. Sherbin, Trusts & Estates
Arthur Siegal, Environmental Law
Jay Welford, Bankruptcy & Creditor/Debtor Rights Law
Richard A. Zussman, Real Estate Law
• • •
Brooks Kushman is pleased to announce that attorneys Mark Cantor, William Abbatt, and Hope Shovein have been recognized by DBusiness magazine to be among the “Top Lawyers 2025.” DBusiness recognized Cantor, Abbatt, and Shovein in the field of Intellectual Property Law.
Cantor is one of the founders of the firm and has been with the firm as a shareholder since 1983. He has more than 35 years of IP litigation experience. He has experience in dealing with complex litigation matters in all technology areas and has tried cases relating to patents, trademarks, trade secrets and copyrights in state and federal courts and administrative tribunals throughout the country and in a number of international forums. Cantor is recognized for his trademark litigation practice. Due to his success in this field, several of Brooks Kushman’s largest clients look to Cantor for trademark enforcement matters. He has also been recognized by many of the industry’s leading publications for his in-court victories, including obtaining the largest trademark jury verdict in Michigan history.
With more than 35 years of experience as a patent attorney, Abbatt’s practice covers all aspects of domestic and foreign patent preparation and prosecution, opinions, and intellectual property (IP)-related due diligence investigations, plus litigation and related client counseling. He has experience with various technologies and industries, including aeronautics, automotive, medical devices, computer software, and consumer products.
With more than 20 years of IP experience, Shovein manages trademark portfolios and develops IP strategies, including clearance, prosecution, enforcement, and everything in between, for both domestic and multinational companies. She also counsels on brand protection programs utilizing investigations, demand letters, online and social media platform takedowns, domain name complaints, as well as Trademark Trial and Appeal Board proceedings. She specializes in helping clients enforce their rights in any medium, including the unauthorized use of trademarks and copyright-protected material on the internet. Shovein is a past chair of both the State Bar of Michigan (SBM) Intellectual Property Law Section and also the Young Lawyers Section. She served as a commissioner on the SBM Board of Commissioners. Shovein has been named to World Trademark Review’s “WTR 1000” since 2018.
• • •
Maddin Hauser is pleased to announce that Nolan J. De Jong and Jonathan M. Sollish have joined the firm as associates. Newly admitted to the State Bar of Michigan in 2024, they will support several Maddin Hauser practices.
Before attending law school, De Jong was a professional hockey player. He now focuses his commitment and competitive spirit on his legal practice. De Jong earned his undergraduate degree at the University of Michigan.
Sollish was a government affairs professional for a national medical industry association before starting his legal career. In that position, he advocated for federal policy changes and oversaw many diverse aspects of the organization’s government relations efforts. He earned his undergraduate degree at Michigan State University.
De Jong and Sollish previously worked as summer associates at Maddin Hauser while pursuing their law degrees at Michigan State University College of Law.
Maddin Hauser is also pleased to announce that DBusiness Magazine has recognized 12 shareholders on the 2025 list of “Top Lawyers in Metro Detroit.” New to the list this year are David Eisenberg, Julie Mayer, and Gary Remer.
The recognized attorneys and their respective practice areas include:
David M. Eisenberg – Bankruptcy and Creditor/Debtor Rights Law
Martin S. Frenkel – Banking and Financial Services Law
Mark R. Hauser – Real Estate Law
Harvey R. Heller – Insurance Law
Robert D. Kaplow – Trusts and Estates
Kathleen H. Klaus – Professional Malpractice Law
Charles M. Lax – Employee Benefits Law
Julie C. Mayer – Insurance Law
Gary M. Remer – Franchise Law
Julie B. Teicher – Bankruptcy and Creditor/Debtor Rights Law
Steven M. Wolock – Legal Malpractice Law
Craig E. Zucker – Bankruptcy and Creditor/Debtor Rights Law
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