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Who Is The Client?

In most attorney-client relationships, it is easy to identify the client.  For attorneys who practice estate planning, probate law or probate litigation, among other related areas, the answer is somewhat less clear.  Namely, is the client the fiduciary (i.e. the personal representative), or is the client the estate and the beneficiaries of the estate? A […]

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In The Sixth Circuit Court Of Appeals, Does Gender Discrimination Constitute Sex Discrimination Under Title VII Of The Civil Rights Act Of 1964?

When a plaintiff is deciding whether to bring a sexual discrimination, sexual harassment and/or hostile work environment claim, the plaintiff must be careful to understand what types of discrimination constitute sexual discrimination prohibited by Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”).  Once such example is […]

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Attorney Privilege in Defamation Actions

Over the course of a legal proceeding, attorneys often have to discuss sensitive topics to zealously represent their client—this can be especially true in sexual harassment or hostile work environment cases.  Inherent to many of those cases are accusations that one person, the harasser, did something unpleasant to the victim.  While there are certainly ethical […]

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Unjust Enrichment

When two parties come to an agreement, whether it be for services, goods or something else, like an investment, a contract is not always formed.  In such a situation, where no contract is formally created, but one party benefits from the conduct or actions of the other, in some cases, the equitable doctrine of unjust […]

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The Power Of Supplemental Proceedings In Enforcing A Judgment In Michigan

When a plaintiff has obtained a money judgement against a defendant, the plaintiff must be careful to understand that obtaining such a judgement is just the first step in trying to collect on such a judgement from the defendant. Some of a plaintiff’s most powerful tools in enforcing a money judgement against a defendant are […]

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Power of Attorney for Real Estate Transactions

There are many scenarios where someone may need to legally act on behalf of another—transferring property, making medical decisions and signing legal documents, to name a few.  In these situations, a power of attorney can be granted to a second individual by a first individual to allow that second individual to sign a document, make […]

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The Danger Of Having A Default Entered Against You In Michigan

When a corporation or limited liability company is conducting business in Michigan, it must be very careful when it receives a summons and complaint naming it as a defendant in a lawsuit. Under Michigan law, a corporation or limited liability company has twenty-one (21) days from the date its registered agent is served with a […]

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Wrongful Death in Michigan—Periods of Limitation

It is certainly unfortunate when anyone passes away, but it can be even more tragic when someone else is at fault.  In such cases, a wrongful death action may be appropriate; however, calculating how long you have to bring a claim can be complicated. While some states have a specific statute of limitations for wrongful […]

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Michigan’s Policy Of Protecting The Purchasing Party In The Sale Of A Business In The Context On Non-Competition Provisions

When deciding to sell one’s business, one of the key and essential issues that usually arises is the negotiation and/or drafting of a non-competition provision to be enforced against the seller of the business. Pursuant to Michigan law, if a non-competition provision is reasonable, such provision is enforceable.  MCL 445.774a(1); Mid Mich. Med. Billing Serv. […]

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Anticompetitive Use Of Confidential Business Information

Employers are often concerned with protecting “their” clients, wondering what they can do to make sure former employees do not take and/or benefit from the connections they made while employed.  For the most part, clients and/or client information cannot be considered an employer’s “property;” however, as discussed below, controlling case law in Michigan has established […]

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