Good afternoon, all! The sun was beautiful this morning rising over downtown Grand Rapids. Today I read a recent unpublished Court of Appeals decision that originated out of Kalamazoo County, Michigan – The case: Elluru v Great Lakes Plastic, Reconstructive, and Hand Surgery PC A summary of the Facts: Plaintiff Elluru and defendantContinue reading “Business Law Update: Recent Court Case On Sour Business Relationships and Arbitration Clauses”
Category Archives: contracts
Business Law Update: Concerning Current Politics and Non-Disparagement Clauses
Today I read an interesting article published by the ABAJournal. The ABAJournal article asks an interesting question (all politics aside): “If Trump sues Bannon for violating a nondisclosure agreement, what are his damages?” Again, all politics aside, the article presents interesting questions that comes up in business transactions: when faced with entering a business relationship shouldContinue reading “Business Law Update: Concerning Current Politics and Non-Disparagement Clauses”
Business Law Update for LLCs: The Words You Use In Your Operating Agreement Matter.
Good morning, all! Yesterday was a beautiful day, see the photo I took overlooking downtown Grand Rapids. The leaves are already changing color. Today I read a Court of Appeals Case that came out yesterday that provides a good example for business owners. Background – Today LLCs are generally the entity of choice. Most businessesContinue reading “Business Law Update for LLCs: The Words You Use In Your Operating Agreement Matter.”
Business Law Update: Another Call to Clear Contract Drafting.
It is Artprize again in downtown Grand Rapids! See one of the exhibits on Monroe Avenue in front of the Venue. Question: Did you know: “Shall” has a different meaning then “May”? One is mandatory. The other is permissive. In business, it pays to be clear in the contract language you use. Check outContinue reading “Business Law Update: Another Call to Clear Contract Drafting.”
Business Law Update: Court Lessons on Personal Guarantees.
In the world of lending if a business wants to secure financing, you will be hard-pressed to find a bank that is not going to require some collateral, including a personal guarantee of the debt by the principal owner(s) of the business. businesses don’t want to sign personal guarantees; it’s why businesses take on theContinue reading “Business Law Update: Court Lessons on Personal Guarantees.”
Business Law Update: Lessons From Court on Deadlock Between Business Owners.
This morning was rainy and gray in Grand Rapids. It is one of those days that prompted me to write on a topic that can be downright depressing – when relationships between shareholders go bad. I had a client come in recently and ask me to set up an LLC for him. Client planned onContinue reading “Business Law Update: Lessons From Court on Deadlock Between Business Owners.”
Business Law Update: Business Owners: Bill Would Restrict Non-Competition Agreements with Employees.
On June 14, 2017, House Bill 4755 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. In my opinion – in some pretty significant ways. I have spent several articles discussing the legal consequences/enforceability issues of non-competes. It appearsContinue reading “Business Law Update: Business Owners: Bill Would Restrict Non-Competition Agreements with Employees.”
Business Law Update: Michigan Supreme Court’s May 15, 2017 Decision on Minority Oppression
There are relatively few court opinions covering the Michigan Limited Liability Company Act. There have been even less on the issue of minority oppression claims. It has been almost 3 years since the Michigan Supreme Court issued its Opinion in the Madugula v Taub case on Michigan’s shareholder/member oppression statutes. The Madugula clarified that a claimantContinue reading “Business Law Update: Michigan Supreme Court’s May 15, 2017 Decision on Minority Oppression”
Business Law Update: Unfair Competition may not be Preempted by Michigan’s Uniform Trade Secrets Act
Greetings on this cloudy Friday in downtown Grand Rapids, Michigan. Business owner: I’m going to give you a scenario. Let’s say your business wants to engage the services of another business to sell its products. Q: When a business wants to engage the services of another business that will necessarily involve the business divulging confidential informationContinue reading “Business Law Update: Unfair Competition may not be Preempted by Michigan’s Uniform Trade Secrets Act”
Business Law Update: When are Non-Competes Enforceable?
I took this photo from my office, the first day of Spring 2017. It is fitting that the ice rink in Rosa Parks’ circle is melting. With spring comes new opportunities – including employees leaving their jobs. What happens if the employee signed a non-competition agreement during the course of employment? Are non-competes enforceable? Continue reading “Business Law Update: When are Non-Competes Enforceable?”
Purpose Driven General Counsel 