Understanding preliminary injunctions and how they can help in Michigan commercial litigation.

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Pandemic reshapes litigation, provides opportunities for attorneys to practice new skills and highlights nation’s resilient court system.

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Asserting the first-breach rule as a defense in a contract dispute requires understanding the difference between a substantial and technical breach of the contract’s terms and conditions.

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When attorney fees are damages and collide with the limited jurisdiction of Michigan’s district courts, how can you maximize recovery within the court rules?

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Michigan Court of Appeals shoots down notion that, even with the proliferation of drones and security cameras, the reasonable expectation of individuals should be lower.

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Michigan Court of Appeals reverses trial court’s decision not to impose case evaluation sanctions against an indigent party because sympathy towards a party cannot excuse application of the court rules.

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Shadow of COVID-19 continues to loom over real estate markets, leaving lenders, property owners and landlords in difficult position.

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So you think your contract is airtight? A court may rule differently due to latent ambiguities in the contract language.

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As the COVID-19 pandemic rages, Michigan’s real estate industry braces for a potential wave of foreclosures and evictions.

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Recent federal appellate court ruling clarifies who decides whether a dispute can be arbitrated. 

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Illinois Supreme Court tells litigation “tourists” looking to file their case in the “Land of Lincoln” for a potential better outcome to stay home!

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Supreme Court rules the standing of pension plan participants can be challenged even if there is evidence of wrongdoing in plan management, when the plan is fully funded.

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Applying lessons learned from the 2008 economic crash, mortgagees may want to consider challenging property tax assessments during pandemic crisis to protect the value of their collateral.

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Under Michigan law, landlords may be able to recover future damages after a tenant vacates leased premises, even if the lease does not include an acceleration clause.

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A recent appellate court ruling makes it prudent to take a deeper dive into the issue of minority shareholder oppression claims.

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Three well-established legal doctrines may impact the enforceability of your contracts during an event like the ongoing coronavirus pandemic.

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Companies that collect biometric data could run afoul of the nation’s most comprehensive biometric privacy law and become the target of multi-million dollar class action lawsuits.

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New Michigan court rules have immediate impact on litigation procedure and costs in all cases filed in circuit courts.

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A recent federal appellate court ruling illustrates the traps lenders could trip when state court collection actions against joint borrowers intersect with federal bankruptcy law.

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Before agreeing contractually to settle disputes through arbitration, parties will want to consider who will make that call and about which issues.

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Every business owner and executive needs to know the basics about commercial insurance coverage, so check out this post for details.

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In a potential game changer for Michigan professional service firms, Supreme Court to review meaning of “services rendered in the city” for local income tax consideration.

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Michigan Court of Appeals clarifies mortgagor’s right of property redemption, regardless of the manner of foreclosure used.

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Whether contracting your kid to mow the lawn at home or executing a multi-million deal, you should probably read this blog post first for some important contract interpretation considerations.

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Michigan courts have a range of options to remedy minority owner oppression claims.

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Implied duties pertaining to contractual performance should not be misconstrued to allow for challenges to a contact’s fairness.

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Ignorance of the terms in a personal guarantee agreement likely won’t save you from paying up under Michigan law.

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Think your case is settled and over? Maybe not after this recent federal appeals court ruling involving the legal principle of collateral estoppel.

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Breach of contract claims require plaintiffs to prove the contract existed, a breach occurred AND damage resulted, regardless who breached first.

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Supreme Court ruling requires businesses to take immediate steps to begin collecting and paying sales tax on e-commerce transactions.

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Seemingly cut and dry legal doctrine known as res judicata may not end a legal dispute after all.

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Paying the debts of another is complicated business, especially under Michigan’s version of the statute of frauds.

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Your amended pleading may not be allowed under Michigan’s relation back doctrine unless the new claims or defenses relate back to the original pleading date.

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Steer clear of inconsistent contract, tort and equitable theories in litigation to position your case for a successful and cost-effective outcome.

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Technology continues to change our lives and businesses, but do we understand the inherent vulnerabilities that come with this new tech age?

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When the enforceability of a contract turns on a party’s “good faith,” these are much more than just words.

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When it looks like a contract and reads like a contract, is it really a contract? Maybe not!

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Requesting a change of venue in litigation can provide strategic and practical advantages.

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Following the massive Equifax data breach, businesses and consumers must remain vigilant.

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Proper documentation of personal property sales the best defense to a claim of conversion

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Bankruptcy court rules trustees can’t claw back, as fraudulent transfers, Plus Loans taken by parents for a child’s education.

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Wise business owners and members invest up front in well-crafted operating agreements.

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Litigation defaults difficult to set aside, easy to avoid with an attorney’s assistance.

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Strategic advantage may be gained in contract disputes by deciding early whether to pursue arbitration.

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Michigan Supreme Court reaffirms longstanding rules of contract law in arbitration agreements.  

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Collection attorneys can now pierce the corporate veil, post judgment, when the corporate form is abused by individuals seeking to avoid legally paying obligations resulting from litigation.

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Creditors must closely scrutinize Chapter 13 cases to understand what debts are being discharged and to update business records to ensure discharged debts are not pursued post-bankruptcy. 

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The conversion of money is one of those things lawyers get wrong, particularly in business litigation.

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Companies consider legal options after lawsuits were filed against them by the City of Detroit seeking to recoup pre-bankruptcy payments.

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Understanding the rules of gift giving can make the holidays brighter... and legal.

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Despite careful review, fraudulent inducements can jeopardize otherwise well-crafted contracts.

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When modifying a contract, best practice is to always detail changes in writing with appropriate approvals by all parties.

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Caution is advised when reviewing contracts electronically, because that click, reply or e-signature could legally bind you to the deal.

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Surviving a cyber attack requires preparedness from a legal, business and technology standpoint.

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Using boilerplate affirmative defenses in litigation leaves you vulnerable

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Contracts should use plain English and your lawyer should too.

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Following the U.S. Supreme Court's historic ruling on same sex marriage, federal and state lawmakers must play catch up to revise major statutes, including the U.S. Bankruptcy Code.

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Integration clauses cannot typically be used to defend against fraud in the inducement claims to invalidate a contract.

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Michigan's garnishment system update should result in a more predictable process and reduced costs for creditors and garnishees.

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https://www.ftc.gov/system/files/documents/statutes/fair-credit-reporting-act/545a_fair-credit-reporting-act-0918.pdfCourt rules that bank, which accepted a borrower's voluntary payments post-bankruptcy and opted not to foreclose its security interest in the mortgage, did not violate the FCRA by reporting the loan as closed on the borrower's credit report.

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Five tips for managing risk when you are asked for information that is missing or destroyed

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The use of clear and simple terms to describe a tenant’s repair and maintenance obligations in a commercial real estate lease can do wonders to avoid misunderstandings and disputes.

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Disclosure of the principal in a contract must occur to avoid agency liability.

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Protecting customer lists with employee confidentiality and non-solicitation agreements could save your business time, aggravation and money.

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Appellate court rules on whether lender can sue to enforce other security in a loan default situation without also foreclosing on the borrower's mortgage.

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Fat finger alert: In today's tech driven environment, a simple email acknowledgement could confirm acceptance of dispute resolution terms.

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Following these five tips and proactively addressing data governance will help your business avoid email troubles.

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Supreme Court rules that only written notice, not a lawsuit, by a borrower is sufficient to rescind a mortgage under the Truth in Lending Act.

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Understanding the difference between materiality and relevance may be key to admitting or excluding evidence at trial.

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Unauthorized access to another person's email could lead to civil and criminal liability under both state and federal law.

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Non-compete agreements can protect one's legitimate business interests, but they must be reasonable in duration and scope and protect against actual competition.

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SCOTUS ruling in Countrywide Home Loans case could result in a dramatic change to residential mortgage rescission practice.

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Include language in standard contracts to maximize the likelihood your company is paid in the event of a customer's financial distress or bankruptcy.

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Unanticipated expenses or losses might be avoided by a pre-execution review of a commercial lease by a business litigation attorney.

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There is no legal or contractual right to a jury trial in shareholder oppression claims.

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Limits to the statute of limitations under the UCC must be in a conspicuous writing to be enforceable.

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Statutory conversion claims can be brought with Builder’s Trust Fund Act claims.

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