Business Owners: Think Before you Sign. Recent Court Case Shows Why the Language in Your Contracts Matter.

Here’s to warmer weather! I’ve previously written about the importance of understanding the contracts you sign. I just read a recent Court of Appeals decision that provides a great illustration for business owners to give pause before signing a contract on the dotted line. Check out the case of Solis v Kroger and The Greener Side.Continue reading “Business Owners: Think Before you Sign. Recent Court Case Shows Why the Language in Your Contracts Matter.”

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.”

Lesson for Businesses: “Words Matter.” Court of Appeals Reverses in favor of Bank of America.

Words Matter. Contracts are about risk allocation. In a transaction, who bears what risk? Back in April I posted on a recent Supreme Court case – Bank of America v First American Title, et. al. If you recall, that case involved allegations of mortgage fraud perpetrated against BOA to the tune of millions of dollars. AboutContinue reading “Lesson for Businesses: “Words Matter.” Court of Appeals Reverses in favor of Bank of America.”

Lessons From Trial: WORDS MATTER when Drafting Real Estate Documents

I recently had a trial over a relatively simple real estate document (that, just to be clear, I played no part in drafting). The Owner and Buyer negotiated the terms of an option to purchase real estate. The Investor and Buyer negotiated terms that they both thought were plain. No one thought that the dealContinue reading “Lessons From Trial: WORDS MATTER when Drafting Real Estate Documents”

Recent Court Decision Provides an Important Lesson for Businesses

I just read an interesting opinion from the Court of Appeals. The case involved  a dispute between a property management company and an out of state construction company. You can check out the case here New River Construction LLC v National Field Network Why this case was interesting to me… This case illustrates a classic example ofContinue reading “Recent Court Decision Provides an Important Lesson for Businesses”

Legal News Update: Lawyer’s “million-dollar challenge” was not an enforceable contract.

So a lawyer headlined in the ABAJournal yesterday because he evidently announced on national television that he would pay $1 Million to anyone who could disprove his client’s alibi. As the ABA Journal Reports it “In the interview, recorded before trial and broadcast after his client’s 2006 conviction, [the lawyer[ said the prosecution’s theory wasContinue reading “Legal News Update: Lawyer’s “million-dollar challenge” was not an enforceable contract.”

October 24th Court of Appeals Decision: The Non-Compete Lawsuit Involving 5 Hour Energy.

Happy Thanksgiving! This Case was too interesting to pass up writing about. I have posted a series on covenants not-to-compete and a friend and fellow lawyer (Eric Guerin, Varnum Law – check him out, great business/real estate litigator) sent me this recent unpublished Michigan Court of Appeals decision involving the makers of 5 Hour Energy Drink  andContinue reading “October 24th Court of Appeals Decision: The Non-Compete Lawsuit Involving 5 Hour Energy.”

Business Law Update: One-Third of Top Business Websites Have Clauses to Restrict Lawsuits

Happy Friday all! The ABAJournal Reported an article today headlined: One-third of top websites have clauses to restrict consumer lawsuits. You can see that article here That’s right, people. If you want to sue these major companies, you need to demand “arbitration” – likely in the company’s home state, and county of incorporation.  If theContinue reading “Business Law Update: One-Third of Top Business Websites Have Clauses to Restrict Lawsuits”