Posts in Commercial Liability.

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

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

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

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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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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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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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