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.
Breach of contract claims require plaintiffs to prove the contract existed, a breach occurred AND damage resulted, regardless who breached first.
Seemingly cut and dry legal doctrine known as res judicata may not end a legal dispute after all.
Paying the debts of another is complicated business, especially under Michigan’s version of the statute of frauds.
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.
Steer clear of inconsistent contract, tort and equitable theories in litigation to position your case for a successful and cost-effective outcome.
Technology continues to change our lives and businesses, but do we understand the inherent vulnerabilities that come with this new tech age?
When the enforceability of a contract turns on a party’s “good faith,” these are much more than just words.
When it looks like a contract and reads like a contract, is it really a contract? Maybe not!
Requesting a change of venue in litigation can provide strategic and practical advantages.
It can be a real nuisance for lawyers and non-lawyers to get this aspect of the law wrong.
Proper documentation of personal property sales the best defense to a claim of conversion
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.
Appellate court ruling allows receivers to sell property even if proceeds fail to compensate junior lien holders.
Michigan law may extend the statute of limitations in cases of fraudulent concealment.
Michigan Supreme Court reaffirms longstanding rules of contract law in arbitration agreements.
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.
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.
The conversion of money is one of those things lawyers get wrong, particularly in business litigation.
Companies consider legal options after lawsuits were filed against them by the City of Detroit seeking to recoup pre-bankruptcy payments.
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.
Caution is advised when reviewing contracts electronically, because that click, reply or e-signature could legally bind you to the deal.
Surviving a cyber attack requires preparedness from a legal, business and technology standpoint.
Using boilerplate affirmative defenses in litigation leaves you vulnerable
Contracts should use plain English and your lawyer should too.
Michigan's garnishment system update should result in a more predictable process and reduced costs for creditors and garnishees.
Five tips for managing risk when you are asked for information that is missing or destroyed
Disclosure of the principal in a contract must occur to avoid agency liability.
Protecting customer lists with employee confidentiality and non-solicitation agreements could save your business time, aggravation and money.
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.
Fat finger alert: In today's tech driven environment, a simple email acknowledgement could confirm acceptance of dispute resolution terms.
Following these five tips and proactively addressing data governance will help your business avoid email troubles.
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.
Unauthorized access to another person's email could lead to civil and criminal liability under both state and federal law.
Include language in standard contracts to maximize the likelihood your company is paid in the event of a customer's financial distress or bankruptcy.
Unanticipated expenses or losses might be avoided by a pre-execution review of a commercial lease by a business litigation attorney.
There is no legal or contractual right to a jury trial in shareholder oppression claims.
Limits to the statute of limitations under the UCC must be in a conspicuous writing to be enforceable.
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- Shareholder Liability
- Rules of the Road for Contract Interpretation
- Minority Owner Oppression Claims, an Introduction
- Freedom to Contract Jeopardized When Fact Finder’s ‘Sense of Fairness’ Becomes Determinative
- Failure to Understand Terms of Personal Guarantee Agreements Will Likely Cost You
- Collateral Estoppel may Apply to Vacated Judgments Post-settlement
- “But he hit me First” Might Work With Mom, but not Necessarily for Defending Breach of Contract Claims
- E-Commerce Sales Tax Enforcement Finally Enters 21st Century
- Exceptions Complicate Res Judicata Doctrine’s Ability to Bar Additional Claims
- Promises to pay Another’s Debts Might fall Within Statute of Frauds; Then Again, Maybe not
- I can amend my pleadings, can’t I?