Business Owners – ask yourself: When selling or buying, what are in my company’s Terms and Conditions? You can check out some of my prior posts on Terms and Conditions. “TnCs” are important to review closely. TnCs “allocate risk” among the two parties to the contract. In some instances, even if one party never reads theContinue reading “Business Law Update: You have Terms and Conditions, but are they CONSPICUOUS?”
Category Archives: litigation
Pitfalls for Business Owners: Recent Court Case on Piercing the Corporate Veil.
We are heading towards the end of the year – I love the Christmas season! One thing that comes to mind for local business owners going into the New Year – make sure that your legal documents and procedures are in proper order. As every business owner should know, one of the main purposes inContinue reading “Pitfalls for Business Owners: Recent Court Case on Piercing the Corporate Veil.”
Legislative Update and Non-Disparagement Clauses in Contracts
Today, I read an article published in the ABAJournal titled: In bid to protect online reviews, Congress OKs bill banning gag clauses in consumer contracts According to the ABAJournal: “Congress has passed a bipartisan bill that aims to protect negative online reviews by banning nondisparagement clauses in nonnegotiable consumer contracts.” It appears that this legislationContinue reading “Legislative Update and Non-Disparagement Clauses in Contracts”
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 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.”
Business Law Update: Why Your Operating Agreement Matters.
Business Owners and Entrepreneurs: Let me paint you a picture: You decide to go into business. You’ve identified a business partner. You and your business partner decide the details of who is going to contribute what (capital, finances, “sweat equity”, etc..). Your startup is now off and running! Your business does not go as expected. You haveContinue reading “Business Law Update: Why Your Operating Agreement Matters.”
Recent Court Case Provides Good Lessons For Real Estate Investors.
Its Wednesday and I wanted to share a court of appeals case that came out on September 15th. Case: Key Bank v Lake Villa Oxford Assoc, et. al. Lesson: be careful when drafting “personal guarantees” I’ve written in the past about personal guarantees. This particular case involved a real estate development gone bad. Defendant, developer,Continue reading “Recent Court Case Provides Good Lessons For Real Estate Investors.”
MI Supreme Court in Lawsuit Involving 5 Hour Energy: Commercial Non-Competes Must be Evaluated Under the Rule of Reason.
A while back I wrote a post about the Court of Appeals Decision: The Non-Compete Lawsuit Involving 5 Hour Energy. To recap, the facts: Parties: Plaintiff, Innovation Ventures, LLC, – the maker of “5 Hour Energy” Defendants Liquid Manufacturing, LLC, K & L Development of Michigan, LLC, and Peter Paisley and Andrew Krause, the presidentsContinue reading “MI Supreme Court in Lawsuit Involving 5 Hour Energy: Commercial Non-Competes Must be Evaluated Under the Rule of Reason.”
Prince Died Without a Will. Business Owners: who are your advisors?
CNN just posted an update on the Prince Estate dispute: possible heirs narrowed down to six @CNN https://t.co/imje7PyaqR A while back I posted about some lessons from Robin Williams’ Estate. I wrote about Robin Williams’ Estate as “an example of the problems that can erupt after a loved one passes away – even if that lovedContinue reading “Prince Died Without a Will. Business Owners: who are your advisors?”
Purpose Driven General Counsel 