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

What is a Trademark Infringement Defense?

A trademark infringement defense is a legal case brought by a defendant to prove they did not infringe on someone else’s trademark. Trademark infringement is the unauthorized use of a trademark or service mark on goods that compete or are related. The most common defenses in trademark infringement, unfair compensation, and trademark dilution suits include descriptive fair use, nominative fair use, laches, unclean hands and trademark misuse, fraud in obtaining the registration, and application of the First Amendment

 

A trademark is a word, symbol, or a phrase, used to identify a manufacturer or seller’s products and distinguish them from the products of another. Under some circumstances, trademark protection can extend beyond words, symbols, and phrases to include other aspects of a product, such as its color or its packaging. Trademarks make it easier for consumers to quickly identify the source of a given good. 

Trademarks are governed by both state and federal law. Federal Law provides the main, most extensive, source of trademark protection, although state common law actions are still available. 

A trademark can be acquired by one of two ways, being the first to use the mark in commerce, or by being the first to register the mark with the U.S. Patent and Trademark Office. 

If a party owns the rights to a trademark, that party can sue subsequent parties for trademark infringement. Competent legal counsel can greatly assist in searching for existing trademarks, registering a trademark, or helping a party assert or defend itself against a claim for trademark infringement, unfair competition or trademarking dilution. Experienced counsel can help you navigate the realm of trademark law and ensure you make the best decisions for your business. 

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law. The attorneys at the Tishkoff, located in downtown Ann Arbor, Michigan, may be reached by phone or email.

What is a shareholder buy-sell agreement?

A shareholder buys and sells agreement is a legally binding contract that stipulates how a shareholder’s stock in a business may be reassigned if that shareholder dies or otherwise leaves the business. The buy and sell agreement stipulates that the available shares must be sold to the remaining shareholder(s) and how the price will be calculated.  Buy and sell agreements are designed to ensure succession upon certain triggering events, such as death, divorce, bankruptcy, disability, or the sale of interests by one or more shareholders.  

 

 Shareholder Buy-Sell Agreement Disputes  

Buy-Sell Agreements are effective at providing a set of rules and procedures for resolving shareholder or partner disputes, providing liquidity to the heirs of a deceased partner, and protecting the business from a shareholder’s creditors. 

 When transitions of ownership occur within a company, disputes can arise if there is no agreement in place to facilitate a transaction involving an owner’s shares. To avoid a dispute be sure that your buy-sell agreement includes a valuation mechanism for determining a fair price for an owner’s shares.  The valuation mechanisms most commonly found in buy-sell agreements include Fixed-Price, Formula Pricing, and Business Valuation Process. 

In a fixed price agreement, the owners of a company set a specific dollar amount per share to be paid for an owner’s interest.  In formula pricing, a predetermined business valuation formula is used in the buy-sell agreement to calculate the value of an ownership interest.  With the business valuation process an outline is used for selecting a third-party valuation professional to appraise the company.

 If you have a buy-sell agreement in place, you and other shareholders should periodically review it to ensure it meets your objectives and reflects ongoing changes within your company. If you are concerned about certain aspects of your agreement, such as an outdated formula or fixed-price mechanism, consult with your attorney or financial professional.  A valuation professional may be helpful for, you and your attorney to implement a valuation mechanism that will reduce unexpected issues and provide peace of mind to you and your fellow shareholders.

 

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding business law or litigation. The attorneys at the Tishkoff, located in downtown Ann Arbor, Michigan, may be reached by phone or email.

What is Asset Protection?

Asset protection is a set of legal techniques, and a body of statutory and common law, dealing with protecting assets of individuals and business entities from civil money judgments. The goal of asset protection planning is to insulate assets from claims of creditors without perjury or tax evasion.

 

Asset Protection Strategies:

An Asset-Protection Trust is any form of trust which provides for funds to be held on a discretionary basis. Such trusts are set up to avoid or mitigate the effects of taxation, divorce, and bankruptcy on the beneficiary.

The best asset protection strategies involve legal tools and financial plans developed to shield valuables from lawsuits. This may include forming certain types of trusts and companies and taking advantage of regional laws designed to protect assets. 

Asset protection strategy number one is to use Limited Liability Companies (“LLC”). LLC statutes include provisions that keep a creditor from taking assets of the LLC owner.  An Asset Protection Trust is considered the most powerful tool to protect money from lawsuits. The best Asset Protection Trusts are formed offshore. Avoid holding non-exempt assets in your own name.  Use separate legal devices, such as placing each piece of real estate in a separate LLC.  If you have a rental property, a lawsuit arising from such property does not have a domino effect on others or put at risk the assets of other properties.  Another technique is to avoid ostentatious displays of wealth which can create a target for lawsuits. 

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding business law or litigation. The attorneys at the Tishkoff, located in downtown Ann Arbor, Michigan, may be reached by phone or email.

What Is The Difference Between Lost Profits and Lost Business Value?

Lost profits are generally calculated before the deduction on income taxes because lost profits awards are taxable upon recovery. Conversely, lost business value occurs when a business never commences operations, ceases all or part of its operations, or permanently loses a segment of its business.

 

Lost profits v. Lost business value

 

In commercial litigation, the primary role of a financial expert is to compute economic damages that may have been suffered by a party.

In order to quantify economic damages, experts are commonly asked to calculate lost profits and/or lost business value. As a result, they must determine which approach is most appropriate to use.

A fundamental difference between lost profits and lost value is the expected duration of the loss. Loss profits are  a measure of damages typically utilized when a business or segment of business continues to operate but suffers reduced income for a finite period’ and measurement is calculated for a period until the business regains the position it would have been in had the alleged damaging act not occurred.

Lost profits represent the incremental change in revenue attributable to a particular action, plus or minus the change in expenses arising from the change in revenue attributable to a particular action. Lost value relies on net cash flow, after the deduction of all expenses. It is a measurement of a return to an investor using net after-tax cash flows that are discounted to a present value.

There are three generally accepted approaches utilized to determine lost business value. The asset-based approach involves calculating the net equity of the business. Depending on the income method chosen, the value is derived by applying a capitalization rate or a discount rate to the expected future earnings to arrive at a present value of the future benefit stream. The market approach pricing multiplies obtained from sales transactions and applies them to the appropriate performance measure of the company being valued.

These approaches are performed before and after the date of harm and the difference is considered the lost business value.

Depending on the facts and circumstances of litigation, either lost profits or lost business value approaches can be utilized-but not simultaneously. Whichever approach is used, the financial expert should ensure that the methodology and related processes are described fully and correlate to the cause of damage.

Do not hesitate to contact the attorneys at Tishkoff if you have any questions regarding business law or litigation. The attorneys at Tishkoff, located in downtown Ann Arbor, Michigan, may be reached by phone or email.

What is the Difference Between a Purchase Order & Supplier Agreement?

A purchase order is a commercial document and first official issued by a buyer to a seller indicating types, quantities, and agreed prices for products or services. It is used to control the purchasing and services from external suppliers.

A supplier agreement is a contract between a supplier of goods and the merchant who wants to sell them. This will help you create a supplier agreement that records order numbers, quantities and everything needed to make sure merchant and supplier are on the same page.

Independent Contractor Agreement

An independent contractor agreement is a written contract that spells out the terms of the working arrangement between a contractor and client, including a description of the services provided. An independent contractor agreement should include a statement of relationship, project description, payment and billing terms, responsibilities of each party, project timeline and deadlines, termination conditions, nondisclosure terms, and confidentiality and non-compete clauses.

As every business situation is different, you may need the help of an attorney to draw a contract up. Do not hesitate to contact the attorneys at Tishkoff if you have any questions regarding business law or litigation. The attorneys at Tishkoff, located in downtown Ann Arbor, Michigan, may be reached by phone or email.

Contract Disputes & Negotiations

When reaching a business agreement, you’ll need to negotiate. That is, sit down with the other parties to the agreement and work out the details of the contract. Negotiating is one dispute resolution technique that is used to try to settle contract disputes. Dispute resolution techniques such as litigation and arbitration are adversarial possesses where one party will win, and one party will lose. No matter how through and well written contracts are, contract disputes still occur.

Negotiation strategies for conflict resolution from business negotiation can help parties mend their partnership, avoid the expense of a lawsuit, and even create value. In contract negotiations, strategies may include a dispute-resolution clause, a contingency agreement or combine dispute prevention and a contingent agreement. Negotiators who understand the importance of collaborating with one another to create value creation opportunities in disputes as you do in deals using strategy opportunities to reach a peaceful end to your dispute.

Do not hesitate to contact the attorneys at Tishkoff PLC if you have questions regarding business law or litigation. The attorneys at the Tishkoff PLC law firm, located in downtown Ann Arbor, Michigan, may be reached by phone or email.

Commercial Transactions

A Commercial Transaction is an interaction between two or more parties in which goods, services or something of value is exchanged for some type of remuneration. Some aspects of commercial transactions, such as truthful representation and contract provisions, are governed by law. Attorneys in commercial transactions handle many types of transactions and support activities.

Commercial work involves many different forms of transactions and the ability to understand various business models. Commercial lawyers have to master the terminology and the common solutions for each form of agreement. In many cases, they will need to be creative and develop a solution that matches the client’s business model.  The subject matter of the deals can be very important, and commercial lawyers must understand the regulations that apply to the underlying business. 

Commercial Transactions attorneys may focus on the purchase, sale and leasing of goods and services. They often review and draft commercial agreements for the manufacture, sale, purchase, lease, consignment and storage of goods and services, and dealer agreements including policies, terminations, and dealer disputes. The terms prepared will help companies fashion their own sets of standard terms and cover a number of areas, including ownership of intellectual property, duties of confidentiality, warranties and remedies, termination rights, delays caused by casualties or other items beyond a client’s control, and return of tooling and other equipment.

Do not hesitate to contact the attorneys at Tishkoff PLC if you have questions regarding business law or litigation. The attorneys at the Tishkoff PLC law firm, located in downtown Ann Arbor, Michigan, may be reached by phone or email. This contact information is available at Tishkoff PLC’s web site: https://tish.law/.

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Sources:
http://www.businessdictionary.com/definition/commercial-transaction.html

https://abovethelaw.com/2016/09/10-things-to-know-about-commercial-transactions/