Tish.Law Blog
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...
Did you know that a builder must be properly licensed in order to put a construction lien on your property?
The Michigan Construction Lien Act states that each contractor, subcontractor, supplier or laborer who provides an improvement to real property has a construction lien upon the interest of the owner or lessee who contracted for the improvement of the real property....
Copyright—Yours or Your Employer’s?
Not every copyright belongs to the individual who may have created—in the common sense of the word—the work. In some scenarios, a copyright may actually belong to an employer or a party that contracted for the creation of the work. This is referred to as a...
Adidas And Juicy Couture Reach Settlement In Trademark And Contract Dispute
On March 17, 2017, athleticwear mogul Adidas filed suit against California-based clothier Juicy Couture alleging, inter alia, breach of contract and trademark infringement. See generally, Adidas Complaint. Adidas argued that since as early...
When does exercising jurisdiction over an out-of-state defendant comply with the Due Process Clause of the Fourteenth Amendment in the Sixth Circuit?
When initiating a lawsuit against an out-of-state defendant in a Sixth Circuit federal court, one of the key essential issues which must be considered by a plaintiff is whether the federal court has jurisdiction over the out-of-state defendant. For a federal...
Trespasser or Implied Licensee?
The duty of care you owe to someone on your property is largely based on that individual’s status. Salazar v. Bowerman, No. 223121, 2001 Mich. App. LEXIS 431 (Ct. App. May 22, 2001). If someone enters your land without your consent, they are considered a...
Judgments and Tenancy By The Entirety
Creditors of one spouse cannot attach property owned by spouses in tenancy by the entirety to satisfy a debt of the spouse. When a husband and wife take title to real property together as co-owners, the state of Michigan presumes a tenancy by the entirety....
In Michigan, who has jurisdiction to decide the existence and scope of an arbitration agreement?
When deciding whether to initiate arbitration proceedings with the American Arbitration Association (“AAA”), one of the key and essential issues which must be considered by the filing party is whether a valid, enforceable arbitration agreement exists. Under...
Compelling Discovery
Generally, there are procedural mechanisms in place to ensure that all relevant information, not subject to a legitimate legal privilege, is discoverable during litigation. These procedures vary from jurisdiction to jurisdiction, but they are often very similar....
Considering Taxes When Forming a Company
When creating a new business entity, part of the consideration is what type of entity to choose is based on the tax consequences. If selling the company later is a possibility, the tax consequences of an exit strategy are important and could make a large impact upon...