Author Archives: jeshuatlauka

A construction client of mine found itself faced with a lawsuit. However, its Contract specifically provided that any dispute would be settled by binding arbitration. Good, idea, or not? It depends. Generally, there are real benefits to arbitration, the two big benefits are related to cost and time.  Arbitration is typically much more cost-effective thanContinue reading “Business Contracts: Should your Business Contract Include an Arbitration Clause?”

Two House Bills have been introduced  affecting real property in Michigan – House Bill 5057 revising the adverse possession statutes and House Bill 5069 which revises the unlawful interference with a possessory interest statute (MCL 600.2918) and provides landlords additional rights to remove a wrongful trespasser.     HB 5057 “Slight Revisions” To Adverse PossessionContinue reading “Real Property Law Update: Proposed Michigan Bills – “Adverse Possession” and “Landlord Rights””

I was recently in court over a real estate dispute between two neighbors – My client’s  neighbor had blockaded off my client’s access to his Property.  There was a dispute over who owned the property at issue – see my article regarding adverse possession: https://jeshualaukalegalnews.wordpress.com/2013/06/26/squatters-rights-how-easy-is-it-to-acquire-property-by-adverse-possession/   My client posed a fundamental question to me:  How doContinue reading “Real Estate Litigation: The Extraordinary Remedy of an Injunction”

I met with a client today. My client is looking to sell his shares in his Company to the other owners.  His company is a closely held business with a few shareholders who make all the business decisions.   My client knew that he should have begun this process a long time ago.  He couldContinue reading “Lesson Regarding Business Disputes: Be Pro-active. Avoiding The Problem Doesn’t Make It Go Away.”

Scott Rothstein is serving a 50-year prison sentence for running a $1.2 billion scheme from Fort Lauderdale-based Rothstein Rosenfeldt Adler PA. He sold wealthy investors stakes in what he said were payouts in confidential sexual-harassment and workplace-bias cases. The cases were fabricated. Back in July his law firm his liquidation was confirmed in a Chapter 11Continue reading “TD Bank Assessed $37.5 M For Violations of Bank Secrecy Act”

Tough day for JP Morgan Chase.  The Office of Comptroller of the Currency (“OCC”) today assessed several penalties by virtue of consent order, totaling hundreds of millions of dollars in penalties.   One such consent order imposed a $60 million penalty against JP Morgan Chase and ordered the Bank to make restitution to millions ofContinue reading “OCC Assesses $60 Million Penalty Against JP Morgan Chase, Orders Bank to Reimburse Consumers for Unfair Billing Practices”

Churches are not perfect.  Disputes happen – either within the congregation or within the denomination.  A lot of these issues boil down to church polity – the laws of the church or denomination. There is typically no place for Courts in issues of church polity. Sticky issues may result when a church wants to leaveContinue reading “Messy Real Estate Issues: Delving Into the Mire that is “Church Property Law””

Last week I posted about Construction Liens and if a Court determines that a lien was filed in bad faith, or “vexatiously” the Court may award sanctions against the lien claimant.   I received a comment to the effect that it seemed like the legislature was making it harder and harder to recover under aContinue reading “Construction Liens: Part 2”

I had good news today – a client of mine that I recorded a construction lien for told me that it was enough leverage to get the property owner to pay the amount owed.  Good news, and now I will discharge the lien. Conversely, I had a client who recently retained a renovation company toContinue reading ““If you don’t pay me, I will file a Lien!” Construction Liens: When is filing a lien “Vexatious”?”