Big Bank Troubles and Trending Towards Community Banking or Fintech?

“The so-called Sons and Daughters Program was nothing more than bribery by another name,” -Assistant Attorney General Caldwell. Today the Department of Justice issued a Press Release – JP Morgan’s Investment Bank in Hong Kong has agreed to pay a $72 Million Penalty for Corrupt Hiring Scheme in China. Yikes. A couple of thoughts: 1.Continue reading “Big Bank Troubles and Trending Towards Community Banking or Fintech?”

Business Legislation Update: Business Owners: Bill Would Restrict Non-Competition Agreements with Employees.

On November 9, 2016 House Bill 6017 was introduced in the Michigan House of Representatives. If passed it would limit the enforceability of a non-competition agreement signed between an employer and an employee. I have spent several articles discussing the legal consequences/enforceability issues of non-competes. It appears the Legislature is wrestling with the question posed byContinue reading “Business Legislation Update: Business Owners: Bill Would Restrict Non-Competition Agreements with Employees.”

Real Estate Law Update: A Holdover after Foreclosure Sale Is Not a Tenant.

Happy Friday!   Today I am posting about a Court of Appeals case decided on November 1st – Seymore v Adams Realty, et al Foreclosed Property = high risk/high reward. Real estate investors are always wary of the many pitfalls when purchasing property at foreclosure. The Adams Realty Case provides an example of what happens when someoneContinue reading “Real Estate Law Update: A Holdover after Foreclosure Sale Is Not a Tenant.”

Another Court Lesson for Business Owners: Read Your Contracts Before You Sign.

I recently read yet another court decision that provides a classic example for businesses owners of the consequences for not reviewing your contracts before signing. The case: the October 6th, 2016 Michigan Court of Appeals decision of Earl Pegues, LLC v Izis General Contractors, LLC. The dispute concerned a construction agreement. The property owner, PeguesContinue reading “Another Court Lesson for Business Owners: Read Your Contracts Before You Sign.”

Reminder to Michigan Limited Liability Companies: Maintain your Corporate Formalities and Keep up your Guard.

Occasionally I will have a business client come in and I will ask – just to make sure – “is your business still in good standing?” The common answer is “I think so.” And of course, after I perform a quick internet check with the State of Michigan it is all too common that IContinue reading “Reminder to Michigan Limited Liability Companies: Maintain your Corporate Formalities and Keep up your Guard.”

Real Estate Case Law: Tenants in Common v Tenants with Full Rights of Survivorship – A Potentially Costly Distinction.

This morning I read a court of appeals decision that came out on October 18 – it provides a classic example of why you need to take care in drafting real estate documents.   The case: In Re Estate of Lyle Steiner Facts are relatively straight forward: In 2007, Tuscan Plaza Condominiums, LLC, conveyed aContinue reading “Real Estate Case Law: Tenants in Common v Tenants with Full Rights of Survivorship – A Potentially Costly Distinction.”

Update on Community Development and Affordable Housing: Is an Answer Found in Social Enterprise?

Today the Community Development Financial Institutions Fund released its five year Strategic Plan If you are not familiar with the CDFI, the CDFI “works to spur economic growth and opportunity in many of our nation’s most distressed communities.“ “The CDFI Fund’s mission is to expand economic opportunity for underserved people and communities by supporting theContinue reading “Update on Community Development and Affordable Housing: Is an Answer Found in Social Enterprise?”

Real Estate Investors Bidding at Foreclosure Sale: If You Pay Less than owed on the Mortgage, there is no Surplus.

Real estate investors and lenders are under pressure to “get it right” when bidding at sheriff sales, especially in a market where good deals are getting harder to come by. Some lenders/investors have tried some creative methods of recovery and made some interesting legal arguments in order to  maximize their profit at  or after foreclosureContinue reading “Real Estate Investors Bidding at Foreclosure Sale: If You Pay Less than owed on the Mortgage, there is no Surplus.”

Trending Towards Social Entrepreneurship: Update on Michigan’s Benefit Corporation Legislation.

  House Bills 5710, 5711 & 5712 were introduced on May 31, that would allow BCorps to be formed under Michigan Law. Although the State House has taken no formal action since June 1, in late September the House Fiscal Agency issued a Fiscal Analysis on the BCorp bills, check it out here. The AnalysisContinue reading “Trending Towards Social Entrepreneurship: Update on Michigan’s Benefit Corporation Legislation.”