Don't Bet the Business

As this recent appellate case illustrates, failing to follow an LLC’s operating agreement requirements and procedures could jeopardize the ownership interests of those involved in buy/sell agreements.

Arbitration is not always superior to traditional litigation.

Parties to a lawsuit pay their own legal fees unless these exceptions are involved.

Michigan Supreme Court rules buyer’s “blanket” order of goods from supplier not sufficient to satisfy statute of frauds requirement that contracts include an identifiable quantity.

Your contract could be interpreted and enforced differently than you think if a court rules its language is ambiguous.

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

Many businesses prefer arbitration to resolve disputes, but if contractual questions arise about whether to arbitrate, the courts decide.

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.

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?

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. 

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

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.

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

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

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

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

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!

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

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

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

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.

Contracts should use plain English and your lawyer should too.

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

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

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

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

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