Don't Bet the Business

The impossibility doctrine may make it possible for your business to avoid contract liability when your inability to execute the terms is out of your control.

Implementing these New Year resolutions could help save you and your business time, liability and money.

Understanding the 5 narrow exceptions to successor liability in Michigan could help your business buy/sell deal close more smoothly.

If you know these 10 things about protecting your trade secrets, you’re better informed than most Michigan business owners and executives.

Protecting the rights of Limited Liability Corporation (LLC) minority members is best done with a well-crafted operating agreement.

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.

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

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

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.

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

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

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.

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

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

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

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.

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

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

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

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

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

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

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

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

Michigan law may extend the statute of limitations in cases of fraudulent concealment.

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

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

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

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

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.

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

Is your company prepared to defend litigation stemming from an internet data breach?

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

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