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Trespasser or Implied Licensee?

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

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....
Compelling Discovery

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

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...
When Courts View Debt as Equity – And The Tax Implications

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...

The Nevada Law For O.J. Simpson’s Parole Hearing

The big news in law this week is former football player O.J. Simpson’s parole hearing that will be held on Thursday, July 20, 2017.  Simpson’s 33-year prison term in Nevada was for a charge of armed robbery and assault with a weapon, according to the Chicago Tribune....
The Importance of Registering an Assumed Company Name

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 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?

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...