Blog

  • Escalating Environmental Due Diligence Costs Ahead?

    November 15, 2018

    Escalating Environmental Due Diligence Costs Ahead? In 2019, we may see an increase in due diligence costs associated with many commercial real estate transactions in Michigan. There is proposed legislation to impose government fees on customary environmental due diligence reports, as described below. Pending before the Michigan legislature is a bill (Senate Bill 943) that […]

  • Court Ruling Lacks Direction on Ordinary Negligence and Malpractice Claims

    July 30, 2018

    On July 23, 2018, the Michigan Supreme Court released its opinion in Trowell v Providence Hospital (Docket No. 154476) addressing whether the plaintiff’s claims are sounded in ordinary negligence or medical malpractice.  If a claim sounds in ordinary negligence or malpractice is often a critical issue as ordinary negligence claims are not subject to the […]

  • Non-Disclosure Agreements: The Beginning of a Deal

    May 20, 2018

    Sellers and Buyers want to negotiate, but need to protect themselves in the event a deal is not completed. The Non-Disclosure Agreement, or NDA, is the key to opening meaningful conversation, while protecting valuable interests. There are several topic areas you should expect to address in an NDA, though Sellers and Buyers each have their […]

  • Why First Impressions Matter in Business Valuation Litigation

    April 26, 2018

    In a business-divorce case or marital divorce case involving a business, each side typically hires an expert to provide the court or jury with an opinion as to the value of the business. Depending on a party’s position, their expert will seek to establish as high or low a value as possible. For example, a […]

  • Key Questions to Ask A Potential Divorce Lawyer

    January 23, 2018

    Before retaining a divorce lawyer, we suggest asking the following questions to any potential attorney interviewed: As my divorce lawyer, what position or strategy will you use in my case? How long will it take to resolve my case? What is the breakdown of costs that I would receive from a divorce lawyer including a […]

  • Court of Appeals Publishes Opinion Impacting Use of Experts

    January 4, 2018

    The Michigan Court of Appeals recently published a new opinion clarifying expert qualification for nursing experts and the standard applicable to a request for permission to disclose a new expert following a ruling that the party’s timely disclosed expert is unqualified.  Cox v Hartman, ___ Mich App ___; ___NW2d ____ (2017) (Docket Nos 333849, 333994). […]

  • Take 2? Supreme Court Asked to Revisit Harrison

    December 20, 2017

    Harrison v Munson Hospital leaves the Court of Appeals for a second time on its way to the Supreme Court to possibly consider whether or to what extent peer-review documents can serve as a basis for attorney sanctions. The Supreme Court is once again being asked to address the question of whether a peer-review document […]

  • New LUST Money Available to Fund Cleanups in Michigan

    November 2, 2017

    It’s a good time to move forward with leaking underground storage tank (LUST) cleanup work in Michigan.  Last week, a new law was enacted to create the Legacy Release Program (LRP) to reimburse eligible owners and operators for a portion of the cleanup costs for older, “legacy” releases. We have seen them many times: old […]

  • Court of Appeals Addresses a Plaintiff’s Ability to Pursue New Theories of Malpractice Not Included in the Plaintiff’s Notice of Intent

    October 31, 2017

    The Court of Appeals released a published opinion on October 24, 2017 addressing the analysis required by a trial court where the plaintiff’s experts in a medical malpractice action abandon the standard of care theories in the plaintiff’s notice of intent (NOI) and articulate entirely new standard of care theories not addressed in the notice […]

  • Should You Sell Your Business to Your Employees?

    July 31, 2017

    The sale of a business to its employees can be both rewarding and challenging for a business owner. On one hand, this type of sale is an opportunity to transition the company to people who are an integral part of the operation, which can help ensure a smooth transition. On the other hand, the employees […]