Tish.Law Blog
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...
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...
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...
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...
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...
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...
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...
Franchise Law in Michigan
Owning a franchise is a very popular way to generate income, but as with all business opportunities, there are unique legal issues a potential franchisee should consider. One of the most important aspects of any franchise relationship is the contract that...
What is the scope of the doctrine of arbitral immunity under Michigan law and the Michigan Uniform Arbitration Act?
When deciding whether to initiate a lawsuit against an arbitrator and/or arbitration organization, such as the American Arbitration Association (“AAA”), one of the key and essential issues which must be considered by the plaintiff is whether his/her/its claims are...
Withdrawing From A Limited Liability Company In Michigan
If you are a member of a Michigan limited liability company (“LLC”) and want to withdraw your membership interest, you should make sure that your LLC’s operating agreement permits voluntary withdrawal of membership interest. Pursuant to MCL 450.4509, a member...
Online Legal Advice: Who Can You Trust?
Lincoln was, after all, a man ahead of his time. Yet this meme is not only funny but very relevant in today’s world, where the excitement that so much information is now publically available online is tempered by the knowledge that much of that information is...
Slander and Libel Claims In Michigan
If someone has said something harmful about you or your business, you may have a slander or libel claim against that person. Communications are defamatory if they “harm the reputation of another as to lower him in the estimation of the community or to deter third...