Blog

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, and each Chapter has very different consequences on retaining a vehicle. Chapter […]

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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 and is not allowed in […]

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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 Cir. 2016) defendant FCA succeeded Chrysler Group LLC after Chrysler Group filed bankruptcy. […]

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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. According to Beach v. Twp. of Lima, 802 N.W.2d 1 (2011), to establish a claim of […]

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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 “electronically stored information that should have been preserved in the anticipation or conduct of litigation is […]

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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 don’t have a written sales agreement, and if they do, they are […]

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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 Civil Procedure were amended. Specifically, Rule 26(b)(1) (governing the scope of discovery) was amended to read: “Unless otherwise […]

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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 to sign a personal guarantee to […]

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Slip and Fall Injuries

As the weather in Michigan swings wildly from mild Spring-like afternoons to frigid Arctic blasts, everyone knows how quickly roads, driveways, parking lots, and sidewalks can become treacherous minefields. Whether you’re taking a quick trip to the grocery store or commuting to work, staying safe in dangerous situations should be everyone’s top concern. Consider an […]

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Protecting Your Rights Under the Michigan Employment Security Act

If you’ve filed a claim for unemployment insurance benefits with the State of Michigan, it’s important to monitor any and all paperwork which you might receive. If the Unemployment Insurance Agency (UIA) issues a Determination or a Redetermination regarding your claim with which you disagree, you are only given 30 days in which to file […]

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