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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 trespasser.  Id.  You are generally not liable for any […]

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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 court to exercise jurisdiction over a defendant, such jurisdiction must be authorized by […]

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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 as 1967, it has made exclusive use of the three-stripe mark on apparel.  Adidas owns a variety of federal trademark registrations […]

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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 “work made for hire.”  17 U.S.C. § 101 defines […]

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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.  MCL 570.1107(1). The Michigan Residential Builders Act states that a person or qualifying officer […]

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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 persons from associating or dealing with him.”  Swenson-Davis v. […]

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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 questionable and biased, if not completely false. Legal information […]

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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 an ultimate sale price.  Two major considerations are […]

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O.J. Simpson Granted Parole

On July 20, 2017, convicted felon and former football star O.J. Simpson was granted parole by the Nevada parole board, according to the New York Times.  The nation watched on live TV as the prisoner was set free after only serving nine years of his thirty-three-year sentence. Four parole board members voted unanimously to have […]

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When Courts View Debt as Equity – And The Tax Implications

A company may need additional funds, and one option as an owner is contributing funds in the form of debt and promissory notes, instead of equity.  Some of the benefits of contributing funds as debt instead of equity are the interest paid can be treated as tax-deductible, and the contribution can have priority over equity […]

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