Author Archives: jeshuatlauka

I have had several business clients come to me about a dispute they were having with some type of service provider. After hearing their story, invariably my first question is always the same “what does your contract say?” They usually send me over a one page document. Pretty simple, right? Not necessarily. In standard businessContinue reading “Lesson in Business Contracts: Those Tricky “Terms and Conditions””

  Huguette Clark left a $300 million estate when she passed away in 2011 at the age of 104.   She had no close relatives when she passed away.   Can you sense the imminent battle over that money, just based on those facts alone?     Now her estate has filed a lawsuit seekingContinue reading “The $100 Million Lawsuit: Estate Sues Hospital That Housed Heiress For Decades”

Someone asked me the other day what I liked to read for fun… I had to admit that I am a nerd. I read case law for fun. I am always interested in whenever a new appellate decision comes out, one of my particular interests is in the area of construction lien law. This areaContinue reading “Michigan Construction Liens and Sworn Statements: Case Law Update”

Today I attended an Executive Briefing co-hosted by the Grand Rapids Area Chamber of Commerce http://www.grandrapids.org and the Michigan Manufacturers Association www.mma-net.org/. The GRACC and MMA teamed up to bring Governor Rick Snyder to Grand Rapids to discuss a ballot initiative that will be decided by voters – on August 5, 2014 – to phase outContinue reading “Michigan Businesses: Eliminating The Personal Property Tax on Your Equipment”

I have a business client was concerned about liability – and what could he do to limit his liability?     That is certainly why a business would create a business entity –  to ensure that the owners of a company are not liable for the debts of the Company. The Michigan Limited Liability Act provides at MCL 450.4501 that:Continue reading “Businesses: So You Want to Limit Your Personal Liability? Not so Fast.”

I drafted an article a while back concerning personal guarantees – You can read it here: https://jeshualaukalegalnews.wordpress.com/2013/05/06/ambiguities-in-the-promissory-note-when-is-a-personal-guarantee-really-a-personal-guarantee/ I just read an opinion decided October 28, 2013 issued from the Eastern District of Michigan concerning a business guarantee. The case is Wells Fargo Bank, Nat. Ass’n v. Canal Crossing Phoenix LLC, 13-10121, 2013 WL 5785793 (E.D.Continue reading “Businesses: Be Careful When Providing a Personal Guarantee of a Business Contract”

A federal jury on found Bank of America liable under FIRREA for a fraud the government said its Countrywide unit orchestrated, originating shoddy home loans in a process called “Hustle” that were then sold to Fannie Mae and Freddie Mac. The  story is reported in Reuters: http://www.insurancejournal.com/news/national/2013/10/29/309529.htm    the Financial Institution Reform, Recovery and Enforcement Act “FIRREA” wasContinue reading “FIRE! (FIRREA) – U.S. Government Holds BoA Liable for Fraud Under “Seldom Used” Law”

This post came out from the American Bar Association’s Journal.  Concerning Henry Faison, a North Carolina Real estate developer.  You can See the Article here:   http://www.abajournal.com/news/article/man_implements_200m_estate_plan_but_dies_before_signing_will_heirs_file_unj/   Also see the original article in the Charlotte Observer: http://www.charlotteobserver.com/2013/10/22/4405189/sons-of-late-developer-henry-faison.html#.UmrbSvmko8N   It appears he engaged a law firm to set up a charitable foundation (named after his dog) to minimizeContinue reading “Man Creates Incomplete $200 Million Estate Plan and Dies Before Signing – Son Files Lawsuit”

  An interesting Bill has been proposed in the State Senate – it would decriminalize possession of  1 oz or less of Marijuana, See the Bill Text here: http://www.legislature.mi.gov/documents/2013-2014/billintroduced/Senate/pdf/2013-SIB-0626.pdf. It was referred to the Senate Judiciary Committee on October 16th.   According to the Bill, an individual found in possession of less than an ounce ofContinue reading “Michigan Law Update: Senate Bill 626 – Marijuana Not a Crime?”

The Department of Justice Website (up and running again) posted Attorney General Eric Holder’s welcome back to the federal employees who were temporarily laid off due to the government shutdown. See the DOJ’s website here: http://www.justice.gov/iso/opa/ag/speeches/2013/ag-speech-131017.html   See the Memo Sent from AG’s office here: http://www.justice.gov/employees/ag-message-10172013.pdf   I am sure we all hope that as we near JanuaryContinue reading “DOJ is Up and Running – AG Holder Welcomes Back Employees”