Michigan business litigation attorneys operate in a dynamic legal environment shaped by shifting statutes, judicial interpretations, economic pressures, and technological advancements. These changes directly affect how attorneys advise clients, structure litigation strategies, and resolve disputes. The state’s commercial climate, including its legacy industries and emerging sectors, has heightened the importance of adapting legal practices to respond to evolving risks. In recent years, regulatory reforms, employment law changes, property law amendments, and landmark court decisions have significantly altered the litigation landscape. As the role of the Michigan business litigation attorney continues to evolve, professionals in this space must maintain both technical precision and strategic foresight to serve their clients effectively.
Please note this blog post should be used for learning and illustrative purposes. It is not a substitute for consultation with an attorney with expertise in this area. If you have questions about a specific legal issue, we always recommend that you consult an attorney to discuss the particulars of your case.
Senate Bill 134 is poised to significantly impact business litigation across Michigan by repealing the longstanding regulatory compliance exemption under the Michigan Consumer Protection Act. This exemption has historically shielded regulated businesses from consumer lawsuits, provided their conduct complied with industry-specific regulations. Its removal will expose nearly all licensed businesses in Michigan to heightened litigation risks, including the possibility of facing duplicative lawsuits and substantial financial penalties such as treble damages and expanded class actions. Michigan business litigation attorneys must now prepare clients for increased scrutiny, even in cases where companies adhere to their regulatory frameworks. This change necessitates a strategic reevaluation of risk management protocols and may lead to a substantial increase in consumer protection lawsuits.
In the employment sector, major legal changes taking effect in 2025 will further influence litigation exposure. Michigan’s updated wage and hour laws, including a new minimum wage and the expanded Earned Sick Time Act, will impose new compliance demands on employers of all sizes. Unlike the previous Paid Medical Leave Act, which applied to larger employers, the new law extends coverage to almost all businesses and includes broader categories of eligible employees.
Michigan business litigation attorneys should advise clients to revise internal policies, update handbooks, and audit payroll systems to ensure compliance. The extended unemployment benefits program, increasing both duration and weekly compensation, also creates new financial obligations for employers that may contribute to claims related to separation disputes or benefit denials.
Real estate litigation is also being reshaped by changes to Michigan’s Marketable Record Title Act. Amendments enacted in 2018 and expanded in 2022 have introduced new requirements for preserving property interests, particularly long-standing restrictive covenants. Under the updated law, previously accepted general references to restrictions are no longer sufficient to maintain enforceability. Instead, property owners and associations must file specific statutory notices identifying the interest being preserved. The current deadline for compliance is September 29, 2025.
Ambiguity remains regarding whether non-governmental deed restrictions, such as those used by homeowner associations, are protected under the new statutory exclusions. Michigan business litigation attorneys working with real estate clients must identify at-risk property interests and take proactive steps to preserve their enforceability. Failure to act may lead to litigation over extinguished property rights, particularly in older developments.
Michigan courts have also contributed to a shift in litigation strategy with the Supreme Court’s ruling in Kircher v. Boyne USA, Inc. This decision reaffirmed that the implied covenant of good faith and fair dealing does not provide an independent basis for a breach of contract claim. The Court emphasized that only express terms in a written agreement are enforceable unless both parties have agreed otherwise. For Michigan business litigation attorneys, this decision underscores the necessity of precise, detailed drafting in all commercial agreements.
The ruling limits plaintiffs’ ability to pursue claims based solely on perceived unfairness and reaffirms the primacy of written contract terms. As a result, businesses should engage counsel early in the contract formation process to mitigate future disputes by anticipating potential contingencies and expressly addressing them in the agreement.
The evolution of Michigan’s specialized business courts has introduced further changes in litigation practice. Business courts, now well-established in jurisdictions with three or more circuit judges, handle disputes involving commercial transactions exceeding $25,000. These courts offer more predictable and efficient adjudication due to their specialized dockets and the commercial expertise of assigned judges.
New judicial appointments in 2025, such as in Wayne, Kent, and Oakland counties, bring individual protocols that Michigan business litigation attorneys must understand to manage cases effectively. For example, Judge Victoria Valentine emphasizes early communication, structured scheduling, and candor from counsel. Attorneys who tailor their approach to each judge’s preferences will benefit from smoother proceedings and potentially more favorable outcomes. The availability of published opinions also provides valuable precedent, contributing to a more stable and transparent body of business law in Michigan.
Alternative Dispute Resolution (ADR) has become an increasingly integral part of business litigation strategy. Courts encourage early ADR to reduce case backlogs and promote efficient resolution. Many business disputes are now resolved through mediation, case evaluation, or arbitration before reaching trial. Virtual dispute resolution platforms, such as Zoom-based sessions and the MI-Resolve platform, gained traction during the COVID-19 pandemic and remain widely used due to their convenience and accessibility. Michigan business litigation attorneys must be skilled in these formats, as the use of virtual ADR is expected to continue and even expand. A significant portion of commercial disputes are now being resolved early through mediation, underscoring the need for attorneys to integrate ADR considerations into their initial litigation planning.
The adoption of legal technology continues to transform how litigation is conducted in Michigan. Tools such as e-discovery software, document management systems, and forensic analysis platforms are now commonplace in law firm operations. Artificial intelligence is being used for contract review, legal research, and case prediction, although its use remains subject to professional and ethical scrutiny. For Michigan business litigation attorneys, investing in these technologies is essential to maintain competitive efficiency. Clients increasingly expect streamlined service and data-informed legal advice, especially in high-stakes commercial disputes involving complex documentation. Mastery of these tools enables faster discovery processes and more accurate case assessments, which can impact litigation timelines and settlement strategies.
Changes in attorney-client service models are also reshaping the litigation environment. Michigan business litigation attorneys are adapting to new expectations by offering fixed-fee arrangements, improving digital access to legal services, and developing tailored approaches for specific industries. Law firms are focusing on client collaboration and operational transparency, recognizing that legal outcomes must align with business objectives. These innovations help clients manage costs and maintain business continuity while navigating legal challenges. Attorneys who adopt efficient case management practices and invest in client-focused technology will be better positioned to build lasting professional relationships and deliver value beyond traditional representation.
Economic conditions remain a significant driver of litigation. Fluctuations in inflation, consumer confidence, and industrial performance—particularly in Michigan’s automotive sector—are influencing dispute trends. Recession fears and tariff policies have affected business planning, leading to delays, contract breaches, and performance failures. Michigan business litigation attorneys are seeing increased demand for representation in breach of contract cases and supply chain disputes. The automotive industry’s sensitivity to global markets makes it particularly vulnerable to such claims. Attorneys must be proactive in helping clients structure agreements that account for economic volatility and include mechanisms to address delays, material shortages, and pricing adjustments.
Remote work has introduced new complexities into real estate and employment litigation. Shifting residential patterns, new zoning challenges, and increased interest in home-based workspaces have altered the demand for real estate and changed how properties are developed and managed. In employment, hybrid work arrangements have affected wage classifications, leave policies, and workplace safety expectations. These shifts increase the risk of disputes involving misclassification, harassment claims, and non-compete enforcement. Michigan business litigation attorneys advising employers or property stakeholders must adapt to these changes by updating internal policies, reviewing employment agreements, and addressing land use complications that were less common before the remote work transition.
The rise of environmental, social, and governance (ESG) considerations is also reshaping the risk profile for businesses. Climate-related litigation has emerged as a contentious issue, especially following recent Department of Justice actions aimed at curbing state-led lawsuits against fossil fuel companies. Simultaneously, investment-related litigation under ERISA is increasing, with recent cases questioning whether fiduciaries can prioritize ESG principles over financial returns. These developments require Michigan business litigation attorneys to monitor not only environmental statutes but also federal interpretations of fiduciary responsibility. Businesses must document the financial rationale behind ESG-related decisions and ensure transparency in reporting to reduce exposure to shareholder and regulatory claims.
Michigan business litigation attorneys must remain vigilant in monitoring legislative activity and court decisions that continue to reshape the legal landscape. Attorneys should encourage clients to anticipate disputes and implement preventive legal strategies rather than respond only after problems arise. Maintaining familiarity with judicial expectations, technology trends, economic indicators, and social shifts allows attorneys to develop litigation strategies that reflect current risks and opportunities. Through proactive counsel and strategic planning, attorneys can help businesses navigate a complex and often unpredictable commercial environment with greater clarity and control.
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Further Reading
- Michigan Real Property Review – State Bar of Michigan, https://connect.michbar.org/rplsreview/recentissues/winter24
- Enrolled House Bill No. 6370, https://www.legislature.mi.gov/documents/2021-2022/publicact/htm/2022-PA-0235.htm
- Michigan’s business courts: A decade of success, https://www.michbar.org/journal/Details/Michigans-business-courts-A-decade-of-success?ArticleID=4722
- Business Court – Michigan Courts, https://www.courts.michigan.gov/administration/trial-court/trial-court-operations/business-court/
- Plan for Creation of a Specialized Business Court – Michigan Courts, https://www.courts.michigan.gov/498f94/siteassets/courts/business/c16-2023-01-plan-for-creation-of-business-court.pdf