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September 7, 2015
(September 1, 2015) Whether it’s the plaintiff walking into the office to discuss filing a lawsuit, or the defendant sitting down to discuss a recent complaint, a common question often pops up at that first meeting: how can I get the other side to pay for my legal expenses? And it’s a fair question, no doubt, […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]