Publications

• Are Your Arbitration Provisions Enforceable?

  February 8, 2016

  (February 8, 2016) Arbitration is a form of alternative-dispute resolution where an arbitrator, as opposed to a court, decides the dispute between the parties.  Many businesses include arbitration provisions in their contracts, hoping to avoid the time and expense associated with litigating disputes in court. And, time and again, the Michigan Court of Appeals has […]

• Obtaining Injunctive Relief in the Michigan Business Court: When Your Business Needs Immediate Court Action

  December 14, 2015

  (December 15, 2015) As the saying goes, “the wheels of justice grind slowly.” That often holds true in litigated matters, where cases sometimes take years to resolve. One purpose of creating Business Courts in Michigan is to provide those in the business community with a more flexible and efficient forum to resolve disputes. So far, […]

• New Year New Wage Increase

  December 8, 2015

  (December 1, 2015) Effective January 1, 2016, the minimum wage in Michigan will increase to $8.50 an hour. This increase was passed in May of 2014 under the Workforce Opportunity Wage Act. The minimum wage is due for an additional increase again in 2017 and 2018, then will be adjusted annually thereafter by the state […]

• Piercing the Corporate Veil: Can You Be Held Individually Liable for Your Business’ Obligations?

  November 2, 2015

  (November 10, 2015) There are numerous reasons to operate a business in the form of a legal entity, such as a corporation or limited-liability company (“LLC”). Perhaps the most common reason is liability protection. By operating a business in the form of a corporation or LLC, the owners avoid personal liability, instead placing only the […]

• Equipment Lessors Not Covered by Builders Trust Fund Act

  November 1, 2015

  Lamar Construction’s abrupt closure in July 2014 left many people to whom Lamar owed money (including employees, subcontractors and those who provided materials used on Lamar’s jobs) scrambling to try to get paid. Many of those creditors brought claims under Michigan’s Builder Trust Fund Act (“MBTFA”), which imposes a constructive trust on funds held or […]

• A Home-Field Advantage: Protecting Your Business with Forum-Selection Provisions

  October 7, 2015

  (October 8, 2015) Doing business today often involves working with other businesses in different counties, states, and even countries. Indeed, the internet makes it especially easy to find the best, most cost-effective business partners, no matter where they are physically located. And while both businesses typically enter into the long-distance relationship with the best of […]

• Michigan Supreme Court Permits Homeowners to Recover Transfer Taxes

  October 6, 2015

  (October 8, 2015) This summer, the Michigan Supreme Court issued an opinion in Gardner v. Department of Treasury, ruling that homeowners who can demonstrate, when they sell their principal residence, that the state equalized value (SEV) at the time of sale is less than or equal to the SEV at the time of their purchase […]

• Can You Recover Attorney Fees in the Michigan Courts?

  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, […]

• 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 […]