Tish.Law Blog
The Importance of Registering an Assumed Company Name
Choosing and registering a business name is one of the first steps in creating a business. However, choosing a name that may be protected by trademark or doing business under a different unregistered name may have the consequence of personal liability for business...
Discovery Under The Michigan Court Rules
Discovery is an important and beneficial process in the course of a lawsuit. It involves each side requesting and receiving documents from the other pertaining to the case. Discovery amounts to about 50% of all litigation costs, and upwards of “90% of the costs in...
Do You Have a Potential Retaliation Claim?
Were you punished because you reported your employer for a legal violation or were involved in an investigation that was adverse to your employer? If you feel this is the case, you might have what is called a “whistleblower” or “retaliation” claim. By now, many...
What’s in a Name? – Making Sure Your Trade Name is Protected
Your business’ name is one of your most important advertising tools. If you have recently started or are thinking of starting a business, you likely already know how important the name of your business is. But more than just creating a good first impression, a name...
Is Chapter 13 Bankruptcy Right For You?
When filing for personal bankruptcy, one of the first decisions is which chapter to file under. This decision can partially hinge on what possessions you want to retain, and how each chapter treats those possessions. An important possession for many is their vehicle,...
Subleasing—What are the Tenant’s Responsibilities?
Before assigning property under a sublease, it is important to know what you, as a tenant, could be liable for. The first step for a tenant looking to sublease is to read the original lease from the landlord. This likely will have a lot of the information on what is...
Successor Company Liability: Could You be Responsible for the Product Defects of Your Predecessor?
Good news for companies that have recently bought or are considering buying another company: the Sixth Circuit recently ruled that successor companies may not be held liable for the predecessor company’s product defects. In Holland v. FCA U.S., LLC, No. 15-4367 (6th...
Adverse Possession – What You Need to Know About the Law in Michigan
Knowing the law of adverse possession is necessary for Michigan land owners to avoid possession by trespassers and potential litigation. Adverse possession is a legal concept allowing a trespasser to gain legal possession of your land without your permission....
Rule 37(e) – Sanctions for the Failure to Preserve ESI under the December 2015 Amended Federal Rules of Civil Procedure.
In December of 2015, the Federal Rules of Civil Procedure were amended. Many of the changes had implications for eDiscovery and electronically stored information (“ESI”). Of particular significance, Rule 37(e) was amended to address sanctions in the event that...
Is Your Business Ready for the Departure of a Commission Based Employee?
Many businesses have employees and independent contractors who earn part or all of their compensation by way of commission. In many cases these commissions are paid based upon a percentage of the gross sales obtained by the employee. All too often small businesses...
Rule 26(b)(1) – Proportionality, ESI and the December 2015 Amended Federal Rules
As the exponential growth of technology and computing power continues, the law frequently finds itself playing “catch-up”. This is especially true in areas surrounding eDiscovery and electronically stored information (“ESI”). In December 2015, the Federal Rules of...
Signing a Personal Guarantee to Secure Business Financing
Nearly every successful business will decide at some point that the time is right to expand. For most, this will mean a need to search for a new source of capital. Whether your business is borrowing from a financing seller, bank or a credit union, you may be required...