Author Archives: jeshuatlauka

I was recently in Court for a hearing that involved a contentious business dispute. Suffice it to say, that parties will not be doing business together any time soon.   This case provides an excellent illustration to individuals and companies considering creating a new business relationship It reveals some of the pitfalls that anyone couldContinue reading “Lesson From Court: Pitfalls of a “Backwards Business Formation””

  In order to limit liability, many real estate owners will form a Limited Liability Company to hold their investment property.  In order to enforce the LLC’s rights in court, the most common scenario being evicting a non paying tenant, Michigan law requires a business entity to have an attorney appear on the entity’s behalf.Continue reading “Real Estate Law Update: Proposed Michigan HB 4830 Would Allow Businesses to Represent Themselves at Landlord/Tenant Hearings”

The pressure to “get it right” when bidding at sheriff Sales. Simply put, it can be a costly decision. I have a case right now where we will be holding an evidentiary hearing to determine whether or not the Judge will set a minimum sale price that can be bid at foreclosure I was remindedContinue reading “The Recent 6th Circuit Court of Appeals Decision of In Re Miller and Why Banks Should Bid Thoughtfully at Sheriff Sales.”

I recently posted an article regarding employee handbooks and how they benefit businesses – primarily by avoiding liability and claims from former employees. I authored a guest blog article for Grand Rapids Area Professionals For Excellence. Learn more about GRAPE here at: http://grapegr.com/ Issues have arisen as of late regarding marijuana usage of employees and theContinue reading “Guest Blog Post with GRAPE – Are Business Owners & HR Professionals Affected By The Medical Marijuana Issue?”

  An interesting unpublished decision came out on June 27, 2013 –  JPMorgan Chase Bank, N.A. v. First Michigan Bank, 309857, 2013 WL 3239983 (Mich. Ct. App. June 27, 2013). The case essentially involved a fight over whose mortgage had priority: Chase or First Michigan Bank. FACTS: JP Morgan Chase Bank and First Michigan Bank hadContinue reading “Lesson For Banks: When Fighting over Mortgage Priority – Don’t Forget about the Property Owner.”

Another example demonstrating the significance of the words you agree to bind your business relationship.   On July 3rd the Michigan Supreme Court came out with an (I think) interesting Order reversing an appellate Court decision, Levine v. O’Dorisio, 299639, 2011 WL 5609825 (Mich. Ct. App. Nov. 17, 2011) rev’d, 494 Mich. 874 (2013).   FACTS:Continue reading “Closely Held Businesses: Why the Words You Use in Your Formation Documents Matter.”

Recently I was in court for a hearing  representing a business client being sued by a former employee.  In that case, the former employee claimed it had a guaranteed contract for employment for a specific term.  This provided an opportunity for me to highlight some brief, but key aspects of Michigan law and the importanceContinue reading “Lesson from Court: Why an Employee Handbook Matters.”

  I had a client recently come to me about a concern about her boundary line – she was concerned that her neighbor’s actions towards her property might mean that he now owns the property.   She raised a good question – how easy is it go gain property by adverse possession?   The answerContinue reading ““Squatters Rights” – How Easy Is It To Acquire Property By Adverse Possession?”

I was finalizing creating an easement agreement for a client of mine – a married couple. They reminded me of a recent case that I read this week, Zaher v Miotke, Docket NO. 307394 (March 28, 2013), concerning a married couple who forgot to include the spouse when he created an easement document. The case ofContinue reading “Real Estate Transaction Mistakes: Consequences of Forgetting About “Dower” Interests”

Yesterday I posted an encouraging statistic – that more business entities in Michigan have been formed in the last fiscal year than in years – since fiscal year 2005. That is encouraging news! It also reminded me that most of these new businesses are likely smaller closely held companies – typically either owned and operatedContinue reading “Shareholder Oppression? When Relationships In Closely Held Businesses Go Bad.”