Don't Bet the Business

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

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.

Here’s what you can do to protect your rights and interests when you are not a party to a lawsuit.

This post reviews the difference between motions for summary judgment and motions to dismiss, which are important tools for resolving litigation.

Adding appellate counsel to your legal team may be the advantage your case needs to win at trial and beyond.

Before your dispute can be litigated in court, you must have proper standing to bring the lawsuit.

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.

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

Your legal team could benefit from the 3 "Es" new attorneys bring to each engagement. 

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

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

Winning your case in court doesn’t always mean you win financially with the opposing party on the hook to pay your legal fees.

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

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

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?

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.

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. 

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

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.

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

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.

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.

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.

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.