Publications

  • Important Lessons Regarding Non-Competition and Non-Solicitation Agreements from the Kent County Business Court

    August 7, 2015

    (August 3, 2015) Since his appointment to the Kent County Specialized Business Docket (“Business Court”), Judge Christopher Yates has issued multiple opinions regarding the enforcement of non-competition and non-solicitation clauses. Those opinions provide important insight for any entity or individual seeking to enforce or avoid a non-competition or non-solicitation clause in the Business Court. For one, […]

  • Statutory Conversion: Recent Rulings Provide Clarity and Relief for Litigation Plaintiffs

    July 6, 2015

    (July 7, 2015) Statutory conversion (i.e., civil theft) under MCL § 600.2919a permits a plaintiff to sue a defendant for “converting property to [that] person’s own use.” It is an often-alleged claim by Michigan plaintiffs, and for good reason. A successful statutory conversion claim opens the door to recovering treble damages and legal fees, and with […]

  • Employers: Get Ready to Pay More Overtime

    June 30, 2015

    (June 30, 2015) The proposed regulations released today by the Department of Labor (DOL) aim to increase the salary basis test to $970 per week, or $50,440 per year for a full-time salaried worker.  If finalized as written, the new rules will double the basis for salary exemption, which is currently set at $455 per […]

  • A Primer on Asset Purchase Agreements

    June 8, 2015

    Most business transactions are structured as either a “stock sale” or an “asset sale.”  When a business sells its assets, the primary agreement governing the transaction is an Asset Purchase Agreement (the “APA”).  While the details contained in an APA will depend on the specifics of each business transaction, there are several key questions that […]

  • A Primer on Stock Purchase Agreements

    June 8, 2015

    Most business transactions are structured as either a “stock sale” or an “asset sale.”  When a business owner sells stock, the primary agreement governing the transaction is a Stock Purchase Agreement (the “SPA”).  While the specifics of each business transaction will drive the details contained in the SPA, there are several key questions that will […]

  • Nursing Mothers in the Workplace – A Helpful Reminder to Employers

    June 8, 2015

    (June 4, 2015) Earlier this week, a federal court in New York considered whether an employee had a claim against her employer for allegedly violating protections given to nursing mothers through the Affordable Care Act, which amended the Fair Labor Standards Act (“FLSA”). While the court dismissed the employer’s argument that no private right of […]

  • Court Sends Warning Signal to Michigan Business Owners Regarding Shareholder Oppression Litigation

    June 2, 2015

    (June 25, 2015) A recent decision by the Michigan Supreme Court raises two important points for Michigan businesses and business owners: issues of shareholder oppression and any potential remedies for oppression are decided by the judge, not a jury, and a violation of a shareholder agreement or other governing corporate documents can create a claim for […]

  • New FMLA Forms Available for Employers

    May 8, 2015

    (May 28, 2015) Earlier this year, many of the forms that employers use in the daily administration of FMLA leave became defunct because the effective date on the forms expired without the U.S. Department of Labor issuing a replacement form. Well, we’re pleased to report that it’s now time to discard those old forms. The […]

  • SHHH….DON’T TALK ABOUT IT

    April 8, 2015

    (April 8, 2015) Rhoades McKee Protects Employer from Unfair Labor Charge – Most employers strive to keep Human Resources matters such as the discipline or discharge of an employee confidential and often instruct other employees with knowledge of the matter to not talk about it with others. Some even formalize the instruction in their handbook […]

  • Listing Broker’s Liability for Failure to Disclose Property Defect

    March 4, 2015

    (March 4, 2015) Historically, Michigan courts have been reluctant to impose upon listing brokers a duty of disclosure to purchasers of real estate. However, two recent decisions by the Michigan Court of Appeals illustrate important exceptions to the general rule that listing brokers do not have a duty of disclosure to buyers.  Each case involved […]

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