What is Business Law?

Business law deals with the creation of new businesses and the issues that arise as existing businesses interact with the public, other companies, and the government.

To understand the role of business law within the legal system, it helps to view businesses as entities separate from their owners and employees.  Business law starts with setting up a business. In the eyes of the law, each business is their own legal entity. Forming a new business typically starts with filing the paperwork that makes the business exist in the government’s eyes.

Just like the practice of law, which has multiple specialty areas – such as litigation, transactions, intellectual property, labor and employment among many others – marketing, sales and client service is each a separate, distinct and intense discipline within the overall business development process, each of which requires considerable knowledge, experience, skill and investments of time and money over time to generate consistent and measurable results. Business law is sometimes called mercantile law or commercial law and refers to the laws that govern the dealings between people and commercial matters.  There are two distinct areas of business law: regulation of commercial entities through laws of partnership, company, bankruptcy, and agency; and regulation of commercial transactions through the laws of contract. The history of these types of laws dates back several centuries and can be seen in the peace-guilds, where members would pledge to stand by each other for protection. A lot of business law involves trying to prevent problems that can hurt the business or cause legal disputes.

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law.  Contact information for the Tishkoff attorneys is available at Tishkoff’s web site:  https://tish.law/.  

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Sources: 

www.hg.org › corp

www.britannica.com › topic › business-law

What is Real Estate Law?

Real estate law is the area of law that governs buying, using and selling land. This law governs the acquisition of property and how it is developed. There are many different aspects of real estate law, for example, deeds, titles, purchase financing, zoning, taxes and estate planning.

Real estate law is established by state and local jurisdictions, and  encompasses the purchase and sale of real property.  This includes land and any structure on it. It also covers legal issues related to anything that is attached to the property or structures, such as appliances and fixtures. A real estate attorney prepares or reviews all of the documents that are signed at the closing of a real estate purchase. The attorney is then present at the closing to represent the buyer’s (or the seller’s) interests.

A typical day for a real estate attorney may include performing due diligence for a property development, which would include reviewing title, surveys, third-party reports, and other items pertinent to obtaining a comprehensive legal understanding of the project.  Other days may be spent drafting, reviewing and negotiating documents necessary to complete the particular transaction, such as loan documents, purchase and sale agreements, leases and other ancillary documents. Closing a real estate transaction requires coordination with the client and opposing counsel.  Accordingly, lawyers may spend chunks of time during the day discussing issues with their client or opposing counsel in order to properly document, negotiate and close a deal.

 

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding real estate law, litigation, business or employment law.

How Are Lost Profits Established In A Commercial Dispute?

Lost profits are determined by first estimating the lost gross revenue or lost sales due to an event.  This lost revenue is then reduced by the avoided or saved costs, which entails evaluating all the direct and other costs related to providing goods or services. 

The party seeking an award of lost profits must show that: (1) the parties contemplated the possibility of lost profit damages or that the lost profit damages were a foreseeable consequence of the conduct; and (2) that the lost profit damages are capable of proof with reasonable certainty.

A claim for lost profits argues that, due to the action or inaction of some other party, profits were lost and should be recovered by the party who lost them.  Disputes as to what constitutes recoverable lost profits are common in construction cases because construction business profit often involves factors outside of the business’ control.  In this industry it can be easy for one construction business to cause another to lose profits. The question of whether lost profits resulting from a contract breach constitutes direct or consequential damages has vexed practitioners for decades.  The primary factor is foreseeability of the eventual outcome at the time of contracting. Lost profits are often the single largest component of a plaintiff’s claim for breach of contract damages, and many contracts exclude recovery of consequential damages in the event of breach.  So significant sums may hang in the balance. Often a case will boil down to the question: are the subject damages direct or consequential?

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law.  Contact information for the Tishkoff attorneys is available at Tishkoff’s web site:  https://tish.law/.  

Stay in touch with Tishkoff: http://bit.ly/TishkoffPLC

Sources: https://www.bvresources.com/blogs/bvwire-news/2018/08/27/do-you-know-the-common-elements-of-lost-profits-damages-cases

https://www.levelset.com/blog/lost-profits/

https://www.americanbar.org/groups/litigation/committees/business-torts-unfair-competition/articles/2016/spring2016-lost-profits-direct-or-consequential-damages/

What is a Franchise Agreement?

A franchise agreement is a legal agreement that creates a franchise relationship between a franchisor and a franchisee. Within a franchise agreement, the franchisee is granted the legal right to establish a franchised outlet and operation where the franchisee, among other things, obtains the license and right to utilize the franchisor’s trademarks, trade dress, business systems, operations manual and sources of supply in offering and selling the products and/or services designated by the franchisor.

The Franchise Agreement must be legally disclosed as an exhibit to a franchisor’s Franchise Disclosure Document.  The Franchise Disclosure Document must be disclosed to prospective franchisees prior to offering or selling any franchises.  The franchise agreement serves as the primary and most important legal document that will govern and define the legal relationship between franchisor and franchisee. Within the franchise agreement, the franchisor will be granting its franchisees the legal right to establish and develop their franchised locations and, in turn, the franchisees will be undertaking the obligation to establish and maintain their franchised operations in accordance with the mandates of franchisor’s system and to pay franchisor certain on-going fees.

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law.

What is the Business Judgment Rule?

The business judgment rule is invoked in lawsuits when a director of a corporation takes an action that affects the corporation, and a plaintiff sues, directly or derivatively (i.e., on behalf of the corporation), alleging that the director violated a duty of care to the corporation.

The business judgment rule is a case law-derived doctrine in corporate law that, within certain bounds, courts will defer to the business judgment of corporate executives.

The business judgement rule gives directors protections from honest mistakes if they act with due care and loyalty. It is inapplicable if directors commit oppression or breach their fiduciary duties, or if the directors stand to gain a personal benefit. 

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law. 

What are Michigan’s Gun Laws for 2020?

Michigan is a shall-issue state. Licenses are issued at the local level by county clerks. A permit to purchase, a background check and firearms registration are required to buy a handgun from a private individual. Open carry is legal in Michigan with several restrictions. Open carry is allowed in more places than concealed carry as the restricted areas referenced in Mich. Comp. Laws § 28.425o apply to concealed carry

Concealed carry is legal with a Michigan Concealed Pistol License (CPL) and for individuals at least 21 years old who have CCW licenses/permits issued by their home state, with  successful completion of a firearms training course that has been state approved with at least eight hours of instruction, including three hours of range time. CPLs are issued to residents only, with exceptions for active duty military stationed in Michigan as well as active duty military stationed outside of Michigan, if Michigan is the applicant’s home of record. Some areas are off-limits, including schools and hospitals. In terms of reciprocity, Michigan recognizes resident permits from all states, the District of Columbia and Puerto Rico.

Michigan is a Castle Doctrine state and has a “stand your ground” law. A person may use deadly force, with no duty to retreat, if the individual has an honest and reasonable belief that such force is necessary to prevent the imminent death, great bodily harm or sexual assault to that person or to another individual. Any person who uses a gun legitimately in self-defense has immunity from civil liability

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law.

What is Mandatory Bleeding Control Kits for in all Texas Schools?

A new Texas law that went into effect January 1, 2020, requires all public schools and open-enrollment charter schools to have a traumatic injury response protocol in place which includes bleeding control kits.

House Bill 496 requires all Texas schools to place these kits in easily ​accessible areas and include them in their emergency preparedness plans. It’s been proven that if more people know how to just ​get in initially and stop the bleeding until they can get taken ​out and taken to definitive care like an ER or trauma surgeon ​then that will save a life. Stop the Bleed training and to offer training to students in grades seven and higher, and mandates that schools install bleeding control kits, which include: Tourniquets, Chest seals, Compression bandages, Bleeding control bandages, Space emergency blankets, Latex-free gloves, Markers, and Scissors.

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law.  Contact information for the Tishkoff attorneys is available at Tishkoff’s web site:  https://tish.law/Stay in touch with Tishkoff: http://bit.ly/TishkoffPLC

Sources: http://bulletin.facs.org/2019/11/stopping-the-bleed-in-texas-the-importance-of-surgeons-and-health-care-professionals-as-advocates/

https://www.buyboard.com/texas/tips-trends/mandatory-bleeding-control-kits.aspx

https://dfw.cbslocal.com/2020/01/01/stop-bleed-kits-required-texas-schools/

Is it illegal to text and drive in Michigan?

For all Michigan drivers, it is illegal to use a wireless communication device that’s located in the driver’s hand or lap to read, write, or send a message.

Michigan’s distracted driving laws prohibit text messaging for all drivers and talking on a cellphone for only certain drivers. This article discusses the specifics of what the laws prohibit and the costs of a texting or cellphone ticket.

Texting tickets will run the driver $100 for a first violation and $200 for a second or subsequent violation. (Court costs can increase the amount the driver has to actually pay.) For most drivers, a texting violation won’t lead to demerit points. But for commercial and school bus drivers, a texting ticket will add two points to their driver record. Depending on the circumstances, a texting or cellphone violation could also lead to a reckless driving conviction. And if one of these violations results in the death of another person, vehicular homicide charges are a possibility.

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law.  Contact information for the Tishkoff attorneys is available at Tishkoff’s web site:  https://tish.law/.  Stay in touch with Tishkoff: http://bit.ly/TishkoffPLC

What is Impeachment?

Impeachment is the process by which a legislative body levels charges against a government official. Impeachment does not in itself remove the official definitively from office; it is similar to an indictment in criminal law, and thus it is essentially the statement of charges against the official.

Only three U.S. presidents have been formally impeached by Congress—Andrew JohnsonBill Clinton, and Donald Trump. So far, no U.S. president has ever been removed from office through impeachment.

The House of Representatives voted on Wednesday to impeach President Donald Trump on both articles of impeachment: abuse of power and obstruction of Congress. A president who has been impeached by the House can still serve as president. It’s up to the Senate to hold trial to decide whether to remove him from office. The two other presidents impeached by the House, Bill Clinton and Andrew Johnson, were both acquitted by the Senate.

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law.

What Are The New Rules For Michigan Deer Season?

Bating and feeding is now banned in the entire lower peninsula to prevent the spread of chronic wasting disease. Chronic wasting disease is a contagious, neurological disease that affects deer, elk and moose. It causes a degeneration of the brain resulting in emaciation (abnormally thin), abnormal behavior, loss of bodily functions and death. CWD is fatal; once an animal is infected there is no recovery or cure. 

Chronic wasting disease or CWD, is a contagious and fatal neurological disease is caused by a normal protein, called a prion, that folds incorrectly and can infect other deer. It is transmitted through direct animal to animal contact or by contact with saliva, urine, feces, blood, carcass parts of an infected animal or infected soil. Prions are extremely resistant in the environment and can stay infectious for years.  Since the first free-ranging white-tailed CWD-positive deer was found in Michigan in May 2015, CWD cases have also been confirmed in Clinton, Eaton, Gratiot, Ionia, Ingham, Jackson, Kent, and Montcalm counties. State officials have said the nose-to-nose contact deer encounter at artificial feeding or baiting stations could hasten the spread of chronic wasting disease. CWD can be transmitted directly from one animal to another, as well as indirectly through the environment. Infected animals may display abnormal behavior, progressive weight loss and physical debilitation. To date, there have been no reported cases of CWD infection in humans. However, as a precaution, the U.S. Centers for Disease Control and the World Health Organization recommend that infected animals not be consumed as food by either humans or domestic animals. However, if an infected animal survives to the final stage of this always-fatal disease, the most obvious and consistent clinical sign is emaciation. CWD affected animals continue to eat but amounts of feed consumed are reduced, leading to gradual loss of body condition. Excessive drinking and urination are also common in the terminal stages. Behavioral changes also occur in the majority of cases of late-stage CWD, including decreased interactions with other animals, listlessness, lowering of the head, blank facial expression and repetitive walking in set patterns. In elk, behavioral changes may also include hyper-excitability and nervousness. Excessive salivation, drooling and grinding of the teeth also are observed. This infection is comparable to mad cow disease. 

Don’t eat diseased, zombie deer meat! While there is no demonstrated relationship between the consumption of contaminated venison and human disease, the U.S. Centers for Disease Control and Prevention and the World Health Organization advise against consuming meat from animals that test positive for CWD. You should dispose of the deer, not consume the meat, and not feed it to pets, some experts believe that CWD has the potential to cross the species barrier and infect humans. It’s a big issue in Michigan, home to roughly 600,000 deer hunters. You could literally eradicate all the deer in the area, repopulate with deer, and those deer would get sick.  Disease management areas were established to contain the disease and prevent spreading.

Sources: https://www.michigan.gov/dnr/0,4570,7-350-79119_79147_81438—,00.html

https://www.freep.com/story/sports/outdoors/2019/09/13/faq-new-rules-michigan-deer-hunting/2298990001/

https://www.freep.com/story/news/local/michigan/2019/04/22/michigan-zombie-deer-disease-cwd/3536952002/

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law.  Contact information for the Tishkoff attorneys is available at Tishkoff’s web site:  https://tish.law/.  Stay in touch with Tishkoff: http://bit.ly/TishkoffPLC