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Michigan

Michigan Business Lawyer Blog

A legal blog that covers business law, including news and events dealing with business legal matters. Written by Michigan attorney Michael J. Hamblin.

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Last Entry: July 11, 2011 at 10:30:37

Factors Michigan Courts Will Review When Considering Requests for Injunctions

Posted on December 03, 2008
Unscrupulous businesses sometimes take unfair actions against their competitors that -- if left unchecked -- can permanently destroy the operations and future viability of those businesses. Such actions can include things such as stealing customer lists, hiring former employees who are restricted by non-compete agreements, product disparagement, or the misappropriation of confidential corporate information or assets...

The Employee Free Choice Act and Michigan Businesses

Posted on November 26, 2008
What is the Employee Free Choice Act (EFCA) and how could it affect Michigan businesses? The EFCA is a proposed piece of legislation that would effect a dramatic overhaul to the National Labor Relations Act. The National Labor Relations Act is the law that governs unions in the workplace...

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Required Qualifications for Expert Witnesses in Michigan Business Litigation Cases

Posted on November 19, 2008
In many business litigation cases, winning depends on the testimony of an expert witness who supports a party's theory of the case or damage calculations. When testifying, the expert gives his or her opinion on one or more topics at issue in the case...

The Importance of Scrutinizing the Details in Loan Agreements

Posted on November 12, 2008
Most Michigan businesses need loans from time to time to stay afloat and reach their strategic goals. Most loan agreements are very long and complicated documents, and are carefully designed to protect the lender's interests. Loan agreements typically contain a lot of "legalese", and technical language regarding interest rates, repayment terms, representations, warranties, conditions and covenants...

Bankruptcy Basics for Troubled Michigan Companies

Posted on November 05, 2008
No doubt about it, these are troubled times. The Michigan economy is in the tank, and as the auto companies teeter on the edge, many Michigan businesses are facing difficult decisions regarding their finances and future operations. Although no one running a business likes to think about it, bankruptcy is an option for financially insolvent companies that should be carefully considered in certain situations...

Upcoming United States Supreme Court Term Includes Business Cases

Posted on October 29, 2008
The United States Supreme Court begins its yearly session on the first Monday in October and ends on the preceding day the following year. This year's term begins on October 6, 2008. As of the date of this blog post, the Supreme Court has agreed to hear approximately 41 cases for the 2008-09 term...

The Importance of Integration/Merger Clauses in Michigan Contracts

Posted on October 22, 2008
Contracts are the foundation on which business deals are done. Parties to a business transaction may spend a lot of time and money on negotiating and finalizing their deal. Most important deals are put into writing, i.e.,, a written contract. Depending on the type of contract, there are a number of different kinds of clauses that may be included...

Can Offers of Settlement Be Used Against an Opponent in Michigan Court Proceedings?

Posted on October 15, 2008
Many times during hotly contested litigation, settlement offers are made. But, when the parties are unable to resolve their differences, it is not uncommon for one or both parties to want to use the other party's settlement offer as evidence that the other party knows it did something wrong...

Avoiding the Trap of Personal Liability for Unpaid Federal Payroll Taxes

Posted on October 08, 2008
Tough economic times are upon us. Many businesses are finding themselves in difficult financial straights, and for some the unpaid bills are piling up. It is during times like these that many business owners and management officials are tempted to skip making their federal payroll tax deposits and use those funds for other purposes...

Michigan Businesses Must Take Steps to Protect Their Intellectual Property

Posted on October 01, 2008
In a fascinating 2000 article in the Harvard Business Review entitled Discovering New Value in Intellectual Property, Kevin G. Rivette and David Kline estimate that a company's intellectual property can comprise as much as 70% of its value. Indeed, intellectual property has become one of the most important facets of the high technology economy that continues to develop worldwide...

The Basics of Offering a Franchise in Michigan

Posted on September 24, 2008
Franchising can provide a business owner with a way to dramatically expand his or her business operations, and generate significant revenues by leveraging the efforts of the franchisees who buy into the system. There are many legal issues that must be addressed when offering the franchise...

Miller v. Allstate: The Michigan Supreme Court Skirts the Controversy Over How to Properly Incorporate the Businesses of Licensed Professionals in Michigan

Posted on September 17, 2008
In a previous post, I discussed the case of Miller v. Allstate and the oral arguments that were held in the Michigan Supreme Court on the issue of whether those providing a service requiring a license must incorporate under the Michigan Professional Services Corporation Act (PSCA) instead of under the Michigan Business Corporation Act (BCA)...

Michigan Businesses Can Protect Their Internet Domain Names from Cybersquatting

Posted on September 10, 2008
Many businesses maintain an Internet presence to compliment their bricks and mortar operations. As Web 2.0 expands and e-commerce continues to grow, most of these companies would prefer to use their primary trademark or trade name, plus the ".com" suffix as their Internet web address...

Michigan Businesses Can Be Vicariously Liable for the Actions of Their Employees

Posted on September 03, 2008
Many businesses owners do not realize that their companies can be held vicariously liable for the torts of an employee who acts within the scope of his or her employment. (A tort is a civil wrong that causes injury to a person, property or economic interests or relationships...

Target Corporation Settles Website Discrimination Lawsuit

Posted on August 27, 2008
Target Corporation has agreed to pay $6 million in damages and retool its website to make it fully accessible to blind customers as part of a class action settlement that was filed today. The case was filed in 2006 in San Francisco federal court by the National Federation of the Blind on behalf of blind people who said they couldn't access the site...

Mediation Can Be Useful in Resolving Michigan Business Disputes

Posted on August 20, 2008
Often when there is a business dispute, the last thing the parties want to do is sit down and work things out. This is especially true when these disputes actually wind up in court. Many times, however, the best thing for all involved is to sit down with a mediator and see if there might be some common ground upon which the dispute can be settled...

Should Juries Be Allowed to Decide Complex Michigan Corporate Litigation?

Posted on August 13, 2008
The jury is a time honored and essential part of the American justice system. The American jury system traces it roots to the Magna Carta, which is widely viewed as one of the most important legal documents in the history of democracy. An excellent summary of the history of the American jury system can be found at the website for the Missouri federal courts...

Business Records Can Be Admissible Evidence In Michigan Business Litigation

Posted on August 06, 2008
We all know how unreliable hearsay can be. The legal system recognizes this unreliability by providing for the exclusion of hearsay evidence from both criminal and civil trials. In Michigan, this exclusionary rule is contained in Michigan Rule of Evidence 802...

The CAN-SPAM Act: Legal Requirements for Commercial Email Marketing

Posted on July 30, 2008
Savvy marketers know that direct mail can be one of the most effective forms of business advertising. In this digital age, email marketing can produce many of the same marketing benefits as traditional paper direct mail. However, there are legal requirements for commercial email marketing that must be strictly observed...

Can A Promise Be Enforced Even If It's Not a Formal Contract?

Posted on July 23, 2008
In the hustle and bustle of business, sometimes promises are made that don't necessarily rise to the level of an enforceable contract. Sometimes those broken promises can cost a business or entrepreneur plenty. Many businesses and entrepreneurs assume that if a promise or agreement isn't in writing, it can't be enforced...

Could a Michigan Business Be Subject to the Jurisdiction of a Different Country's Courts Because of Its Website?

Posted on July 16, 2008
As noted in my last post, doing business on the Internet can be a double-edged sword for Michigan businesses. While the the Internet may provide tremendous business opportunities, in certain cases, such activity might be enough to cause a business to be subject to the legal jurisdiction of a foreign country...

Could a Michigan Business Be Subject to the Jurisdiction of a Different State's Courts Because of Its Website?

Posted on July 09, 2008
Many Michigan businesses have an Internet presence. For these businesses, the Internet provides an unprecedented and potentially unlimited opportunity to market their goods and services to possible customers all over the country and even the world. But, this can also be a double-edged sword...

Some Issues to Consider Before Giving a Personal Guaranty for Business Debt

Posted on July 02, 2008
At one time or another, most businesses have to get a loan. Many times, a lender will require a business's key individuals - such as owners and officers - to personally guarantee repayment of the loan. Giving a personal guaranty should not be taken lightly...

Elements of a Michigan Contract

Posted on June 25, 2008
Contracts are the lifeblood of business. Without enforceable contracts, much business activity that we all take for granted would likely grind to a halt. Under Michigan law, contracts can be oral, written, express or implied. There are four basic elements that must be present in order for an enforceable contract to be formed...

Choosing the Best Entity for a New Michigan Business

Posted on June 18, 2008
The importance of choosing the right entity for a new Michigan business cannot be overstated. One type of business entity may be perfect for a certain kind of business, and a disaster for another kind of business. It's important for those forming new businesses to carefully consider the kind of entity they will use...

New Michigan Business Tax Creating Difficulties for Michigan Businesses

Posted on June 11, 2008
The new Michigan Business Tax was enacted with the supposed aim to benefit Michigan businesses by replacing the much hated Michigan Single Business Tax with a tax that was fair, reasonable, and economically viable. But as it turns out, it may be that the cure is worse than the disease...

The Mechanics of Choosing and Protecting a Name for a Michigan Business - Part II

Posted on June 04, 2008
It is essential for Michigan business owners to understand that just because the Michigan Department of Labor & Economic Growth ("DLEG") registers a business name does not necessarily mean that the registered name is protected against infringing use. Business owners must understand the difference between the rights conferred by registering a business name with the DLEG and the rights to use a name or trademark to identify goods or services...

The Mechanics of Choosing and Protecting a Name for a Michigan Business - Part I

Posted on May 28, 2008
One of the most important assets a business can have is its name. A business name sets the tone and marks the brand of the goods or services offered by a company. In Michigan, business names are registered with the Michigan Department of Labor and Economic Growth, Bureau of Commercial Services...

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