What is Business Law?

Business law deals with the creation of new businesses and the issues that arise as existing businesses interact with the public, other companies, and the government.

To understand the role of business law within the legal system, it helps to view businesses as entities separate from their owners and employees.  Business law starts with setting up a business. In the eyes of the law, each business is their own legal entity. Forming a new business typically starts with filing the paperwork that makes the business exist in the government’s eyes.

Just like the practice of law, which has multiple specialty areas – such as litigation, transactions, intellectual property, labor and employment among many others – marketing, sales and client service is each a separate, distinct and intense discipline within the overall business development process, each of which requires considerable knowledge, experience, skill and investments of time and money over time to generate consistent and measurable results. Business law is sometimes called mercantile law or commercial law and refers to the laws that govern the dealings between people and commercial matters.  There are two distinct areas of business law: regulation of commercial entities through laws of partnership, company, bankruptcy, and agency; and regulation of commercial transactions through the laws of contract. The history of these types of laws dates back several centuries and can be seen in the peace-guilds, where members would pledge to stand by each other for protection. A lot of business law involves trying to prevent problems that can hurt the business or cause legal disputes.

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law.  Contact information for the Tishkoff attorneys is available at Tishkoff’s web site:  https://tish.law/.  

Stay in touch with Tishkoff: http://bit.ly/TishkoffPLC

 

Sources: 

www.hg.org › corp

www.britannica.com › topic › business-law

What Is a Business Liability?

This business finance key term is a legal obligation to repay or otherwise settle a debt. Liabilities are considered either current (payable within one year or less) or long-term (payable after one year) and are listed on a business’s balance sheet. A business’s accounts payable, wages, taxes, and accrued expenses are all considered liabilities.

Liabilities are legal responsibilities or obligations.

Many of these small-business liabilities are not necessarily bad but to be expected. In an accounting sense, some liability is needed for a business to succeed. Loans, mortgages, or other amounts owed can be liabilities. A business definition of “liable” in the real world, though, tends to have a negative connotation. That’s because liability tends to correlate with litigation, which can be costly and alarming. Loans, mortgages, or other amounts owed can be liabilities. When a business owner hears the word “liable,” they tend to panic. These tend to be unpredictable and varied and are very different from financial, necessary liabilities.

Accounting standards define an asset as something your company owns that can provide future economic benefits. Cash, inventory, accounts receivable, land, buildings, equipment – these are all assets. Liabilities are your company’s obligations – either money that must be paid or services that must be performed

A business owner needs to remember that just because someone is suing doesn’t necessarily mean they have a real case. Liability doesn’t always lead to litigation, and litigation doesn’t always happen because of your liability. Sometimes, lawsuits are simply unavoidable. If you run into legal trouble, trust an experienced lawyer. Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law.

What Is Employment Due Process?

The right to due process is enshrined in the Fourteenth Amendment to the U.S. Constitution.   Sometimes government employees have a property interest in their jobs and are entitled to due process before they can be fired.

Among the lesser-known rights held by each American citizen is the right to due process. This means that the government cannot take away a citizen’s life, liberty, or property interest without giving them notice and a fair hearing. The right to due process is enshrined in the Fourteenth Amendment to the U.S. Constitution. The right to due process often comes up when the government needs to take someone’s property public use. However, sometimes government employees have a property interest in their jobs and are entitled to due process before they can be fired.  This typically comes into play when there is a disciplinary action taken against a government employee whose employment terms are spelled out in a contract, often negotiated by a union. In most states, private employment is considered “at-will” meaning the employer may terminate employment at any time for any reason without due process.

The lawyers at Tishkoff are experienced in many areas of employment law. Please contact us for more information. The attorneys at the Tishkoff, located in downtown Ann Arbor, Michigan, may be reached by phone or email. 

How Can Lead Enter The Drinking Water?

Lead can enter drinking water when service lines that contain lead corrode, especially where the water has high acidity or low mineral content that corrodes pipes and fixtures, according to the EPA. The most common problem in homes is the result of brass or chrome-plated brass faucets and fixtures with lead solder, from which significant amounts of lead can enter the water.

Residents in Birmingham and White Lake Township are on alert after testing found that water exceeded acceptable lead levels for municipal water systems. Now the Oakland County Health Division is assisting these municipalities in order to get those water systems back in compliance with lead standards.

According to a release, the high lead levels were uncovered after there was routine testing done, which is required by the Michigan Department of Environment and Great Lakes, and Energy (EGLE) under Michigan’s Safe Drinking Water Act.

The Michigan Safe Drinking Water Act has changed to better protect your health. New water sampling rules have been added to better detect possible lead in your drinking water. These changes require communities with lead service lines to do more sampling. This new sampling method is expected to result in higher lead results, not because the water source or quality for residents has changed, but because the Act has more stringent sampling procedures and analysis.
Thirteen Michigan water systems failed to meet federal standards for lead in drinking water in the last half of 2018, and seven of those systems had lead levels at least twice as high as the state will allow starting in 2025.

Oakland County Health Division has a laboratory that is certified to test residents’ water for lead and copper. There will be an investigation into the source of the lead exposure, along with public education efforts, health officials say. Though we only operate 17 drinking water systems in Oakland County, the Oakland County Water Resources Commissioner’s Office will work with all Oakland County communities in their efforts to educate the public and develop their responses. Here is a list of things that can be done to reduce the risk of lead in drinking water. If you suspect that your home’s plumbing or faucets could contain lead or lead-based solder, you should have your water tested. Replace faucets with those made in 2014 or later. Use only water from the cold-water tap for drinking, cooking, and especially for making baby formula. Hot water is likely to contain higher levels of lead. You may choose to install a water filter that is certified for lead removal. If a water filter is installed, replace filters at least as often as recommended by the manufacturer. Do not boil water to remove lead. Boiling will not remove the lead. Use bottled water for drinking and cooking. Commercially prepared bottled water that meets federal and state drinking water standards are recommended. Clean aerators. Aerators are small attachments at the tops of faucets which regulate flow of water. They can accumulate small particles of lead in their screens. Remove and sanitize monthly.

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law.

What is the EEE virus in Michigan?

Eastern equine encephalitis (EEE) is an extremely rare but serious and often fatal infection that causes encephalitis or inflammation of the brain. It is spread by the bite of a mosquito infected with EEE virus (EEEV). EEEV can also infect a wide range of animals including mammals, birds, reptiles, and amphibians.

To date, there are nine confirmed human cases in the state. The latest fatality was reported in Calhoun County. Earlier fatalities due to the disease were reported in Kalamazoo, Van Buren and Cass counties. The nine human cases also include residents from Berrien and Barry counties, according to MDHHS.

Aerial spraying of pesticides to kill mosquitoes and combat the illness is scheduled to continue Wednesday in counties throughout Southwest Michigan, and potentially in other areas of the state.

On Tuesday, Oct. 1, about 86,016 acres were treated, MDHHS said, bringing the total acreage treated for mosquitoes as part of the statewide effort to 186,146.

After plans to begin the treatments over the weekend were canceled due to weather, spraying began Monday night in four Southwest Michigan counties: Berrien, Cass, St. Joseph and Van Buren.

The areas slated for treatment Wednesday are identified in the state’s updated, aerial treatment zones map, and include portions of Allegan, Van Buren, Calhoun and Barry counties. Treatment in these areas is weather permitted and will be rescheduled if needed, Sutfin said.

If weather prevents treatment in those four Southwest Michigan counties, the state’s plan also lists additional areas in the following counties as potential, “weather alternative” sites for treatment Wednesday: Calhoun, Jackson, Kent, Lapeer, Livingston, Montcalm, Newaygo and Washtenaw.

Kalamazoo County has more cases of EEE — five equine, three human and two bovines — than any other Michigan county. It was previously scheduled for aerial treatment, but due to a high number of residents opt-out requests will no longer be treated.

Many residents in Kalamazoo County, and across the state, have expressed concerns about the type of pesticide being used and the impact spraying could have on honeybees, butterflies and other insects that play a major role in the ecosystem.

Aerial spraying is being done with the Merus 3.0 organic pesticide, which contains 5% pyrethrin and can be harmful to bees. While state officials have said that they spray at night since most bees are in their hives, beekeepers have stated that not only are wild honeybees killed off, but that entire hives can be destroyed by the chemicals.

Individuals can still request to opt their property out of spraying at eee@michigan.gov. But in order to remove one’s property from the spray zone, a 48-hour notice in advance of scheduled spraying must be given to state officials. Due to weather-related delays, opt-out requests are still being coming in and being considered.

Less than 1% of people infected with the mosquito-borne illness will develop a serious neurological disease that causes inflammation of the brain or surrounding tissues. About 33% of those people will die, according to MDHHS.

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law.

What is The Fair Pay to Play Act?

The Fair Pay to Play Act is a bill signed by California, Gov. Gavin Newsom. It would go into effect on January 1, 2023, allowing college athletes to hire agents and make money from endorsements. The measure, the first of its kind, threatens the business model of college sports.

It has been a bedrock principle behind college sports: Student-athletes should not be paid beyond the costs of attending a university. California threatened that standard on Monday after Gov. Gavin Newsom signed a bill to allow players to strike endorsement deals and hire agents.

The Act is a game-changer in college sports. It makes it illegal for California colleges to deny their student-athlete’s opportunities to gain compensation for the use of their names, images, and likenesses. Stated more concisely, the Act guarantees college athletes a right to profit from their identities. The Act also authorizes college athletes to hire agents and other representatives to assist them in negotiating and securing commercial opportunities.


The Act doesn’t go into effect until January 1, 2023. It also contains limitations that attempt to minimize how it might disrupt college sports. A key limitation is that a college athlete can’t sign a contract with a company for the use of their name, image, or likeness if it would conflict with a school sponsorship (quick example: an athlete couldn’t sign a contract to wear and promote Adidas sneakers if his or her school already has an agreement with Nike).


Authored by California Senators Nancy Skinner and Steven Bradford, the Act is inspired by O’Bannon’s historic case against the NCAA. A few years ago, the former UCLA basketball star proved that it is a violation of federal antitrust law for the NCAA to deny DI men’s basketball and football players compensation for the commercial value of their names, images, and likenesses. This is true when video game publishers design avatars based on players’ unique traits, when replica jerseys and other “officially licensed” sports apparel are embroidered with players’ names, and when television rebroadcasts of classic games vividly display players’ images.


The most significant obstacle to the Act is whether it can withstand inevitable legal challenges.
California colleges, the Pac-12 Conference, the Mountain West Conference, and the NCAA all have the standing to challenge the legality of the Act. California colleges realize they have no choice but to follow state law. They also know that by following state law, they will breach their membership requirements with the NCAA and conferences.
The consequences of such breaches are already clear. Once the Act goes into effect, California colleges will no longer be permitted to participate in national championships organized or sponsored by the NCAA. They might be also kicked out of the NCAA altogether. As Smith mentioned, a California college can’t function as an NCAA member school if state law prevents it from meeting NCAA membership obligations.


Any litigation is likely to be protracted, and state officials set the 2023 effective date, in part, to allow California’s colleges and universities ample time to prepare for the sweeping changes. The next few years will also give the NCAA time to contemplate its own strategy, especially if the courts ultimately uphold the measure.


Left to their own rulemaking, California colleges, and the Pac-12 could create amateurism rules that are very different from those adopted by the NCAA. This is true with respect to players’ names, images, and likenesses. It could also prove true in terms of how the NCAA limits competition through athletic scholarship caps. Health care and safety policies could also be reworked to better fit the wishes of these western schools and conference members
Of course, forming a new league would be a substantial endeavor. There would be opposition on many fronts, including with respect to various business partners that entered into contracts under the belief that these schools were NCAA members. Also, while these schools would remain national figures in terms of academics and research, their athletic programs would become more regionalized. The logistics of starting a new league would also be considerable
Pursuant to the Act, college athletes at California schools can negotiate with video game publishers for their avatars to appear in college sports video games. They can also be paid to sponsor summer camps for young athletes and sign endorsement deals with apparel companies, sports beverages, car dealerships and numerous other businesses that would pay for an athlete’s public stamp of approval.


To be clear, the Act does not create a right for college athletes to be paid by their schools. The Act instead addresses how various businesses use their identities. This is true of college athletes who will go on to earn incomes in pro leagues, and true of college athletes who play sports without pro opportunities and whose marketability is at its highest point while in school.


Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law.

What is Common Law?

Common law is a body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law. The U.S. common-law system evolved from a British tradition that spread to North America during the 17th- and 18th-century colonial period.

Common law, also known as case law, relies on detailed records of similar situations and statutes because there is no official legal code which can apply to a case at hand. Initially, common law was founded on common sense as reflected in the social customs. Over the centuries, it was supplanted by the statute law (rules enacted by a legislative body such as Parliament) and clarified by the judgements of the higher courts (that set precedent for all courts to follow in similar cases). These precedents are recognized, affirmed, and enforced by subsequent court decisions, continually expanding the common law. In contrast to civil law (which is based on a rigid code of rules), common law is based on broad principles. And where every defendant who enters a criminal trial under civil law is presumed guilty until proven innocent, under common law he or she is presumed innocent until proven guilty. 

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law.  The contact information for the Tishkoff attorneys is available at Tishkoff web site:  https://tish.law/Stay in touch with Tishkoff: http://bit.ly/TishkoffPLC

Sources: 

https://www.investopedia.com/terms/c/common-law.asp

https://en.wikipedia.org/wiki/Common_law

http://www.businessdictionary.com/definition/common-law.html

What is Stare Decisis?

Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. Stare decisis ensures that cases with similar scenarios and facts are approached in the same way. Simply put, it binds courts to follow legal precedents set by previous decisions.

Stare decisis is a Latin term meaning “to stand by that which is decided.”

Stare decisis is important because it is essential to the doctrine of precedent, according to Cornell University Law School. Stare decisis means a court will stand by a ruling previously issued in earlier cases. This method is used to determine rulings in lower courts as well. Once a court has issued a ruling, all lower courts must have the same response in future cases.

Stare decisis sets an interpretation of the law that is expected to be followed in subsequent cases. In the United States, courts seek to follow precedent whenever possible to avoid disturbing matters that have already been settled.

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law.  The contact information for the Tishkoff attorneys is available at Tishkoff web site:  https://tish.law/Stay in touch with Tishkoff: http://bit.ly/TishkoffPLC

Sources: https://www.investopedia.com/terms/s/stare_decisis.asp

https://www.reference.com/government-politics/importance-stare-decisis-538d28dc2d254c44

What are Property Disputes?

A Property dispute refers to any legal dispute involving real property, also known as real estate. Real property is immovable property attached directly to the land.

Property law involves disputes about property ownership and damages to personal property or real estate. There are many different types of property disputes handled by civil litigation attorneys. A common type are disputes regarding property lines, in which one party alleges that a neighbor crossed the property line boundary between their two homes for building or planting. Property disputes can happen for any number of reasons, such as neighbors blocking a view, landlord and their tenants disputing who is responsible for what damage and repairs on a rental property, homeowners and real estate developers arguing over who is responsible for necessary home repairs of new construction, homeowners disputing whether they granted government agencies a utility easement, ownership disputes regarding who is the lawful owner of a given property, and whether a property is properly zoned.

Property disputes may involve specific fact and legal issues.  Real property laws vary from state to state. You may wish to hire a lawyer to help resolve a property dispute.  Do not hesitate to contact the attorney’s at Tishkoff if you have questions regarding real estate law or property litigation.  

The attorneys at the Tishkoff, located in downtown Ann Arbor, Michigan, may be reached by phone or email.

 

 

What is Civil Law?

Civil law is a body of rules that delineate private rights and remedies and govern disputes between individuals in such areas as contracts, property, and Family Law.  These rules are distinct from criminal or public law. 

Civil law, or civilian law, as a legal system, originated in Europe.  It was intellectualized within the framework of Roman law. Its main feature is that its core principles are codified into a referable system serving as the primary source of law.

 

The primary difference between civil litigation and criminal cases is that one or both of the parties is seeking money or another form of compensation, rather than criminal charges.  In general, the prosecution in criminal cases represents the state in which the trial is taking place. Conversely, in civil cases both parties are directly involved and usually are each represented by legal counsel.  Five common types of civil cases are: (1) Contract Disputes; (2) Property Disputes; (3) Torts; (4) Class Actions; and (5) Complaints against the government. There are numerous other types of civil cases. Sometimes a civil case will follow a criminal case that has had an unfavorable outcome for the prosecution.  

If you think you have grounds for a case or have questions regarding litigation, or business or employment law, do not hesitate to contact the attorneys at Tishkoff.  The attorneys at Tishkoff, located in downtown Ann Arbor, Michigan, may be reached by phone or email. Their contact