Businesses: Pitfalls of Lawsuits – My Guest Blog Post With GRAPE (Epilogue)

Yesterday I posted a guest blog article with Grand Rapids Area Professionals for Excellence (GRAPE) – about pitfalls that businesses should be wary of if they are ever faced with a lawsuit. You can check out that article here: http://grapegr.com/grand-rapids-business-blog/businesses-pitfalls-dealing-lawsuits/   A brief commentary on why I decided on this particular subject.   I decided toContinue reading “Businesses: Pitfalls of Lawsuits – My Guest Blog Post With GRAPE (Epilogue)”

Federal Judge Orders Telemarketer to Pay $5.1 Million to Reimburse Victims of Car-Buying Scam

Telemarketing and Auto Sales can both get a bad wrap sometimes (much like lawyers, so I hear :)) A federal District Court Judge’s ruling on October 29th, certainly did nothing to help the reputation for either. The Federal Trade Commission brought a lawsuit against a Canadian telemarketer and four companies he owns for violations of federal law related toContinue reading “Federal Judge Orders Telemarketer to Pay $5.1 Million to Reimburse Victims of Car-Buying Scam”

Lesson in Business Contracts: Those Tricky “Terms and Conditions”

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””

The $100 Million Lawsuit: Estate Sues Hospital That Housed Heiress For Decades

  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”

Michigan Construction Liens and Sworn Statements: Case Law Update

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”

Michigan Businesses: Eliminating The Personal Property Tax on Your Equipment

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”

Businesses: So You Want to Limit Your Personal Liability? Not so Fast.

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.”

Businesses: Be Careful When Providing a Personal Guarantee of a Business Contract

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”

FIRE! (FIRREA) – U.S. Government Holds BoA Liable for Fraud Under “Seldom Used” Law

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”

Man Creates Incomplete $200 Million Estate Plan and Dies Before Signing – Son Files Lawsuit

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”