It is highly recommended that you have a written partnership agreement any time you establish a business partnership. Nevertheless, many small businesses operate without one. If you get along well with your partners, you may feel that a partnership agreement is unnecessary. However, dissolving a business partnership without an agreement can be challenging. If your Partnership Agreement does not...
Continue ReadingIn order to be enforceable, Michigan non compete agreements must reasonably restrict employee mobility, and must protect a legitimate business interest. Non compete agreements are enforceable in Michigan when they protect legitimate business interests and contain reasonable limits on time, geography, and scope. Courts generally evaluate whether the restrictions are necessary to protect confidential information, customer relationships, or competitive...
Continue ReadingIf you have an LLC or corporation, you are likely concerned about protecting yourself from liability. Piercing the corporate veil occurs when a court disregards a company’s separate legal identity and holds business owners personally liable for corporate debts or misconduct. Courts may allow veil piercing when a business fails to maintain proper corporate formalities, mixes personal and company...
Continue ReadingThis article was originally published by the Michigan Bar Journal in March, 1997 A motion in limine is a pretrial motion attorneys use to ask the court to exclude or limit certain evidence before a case reaches the jury. These motions help prevent unfair, irrelevant, or highly prejudicial information from being introduced during trial. Understanding how motions in limine...
Continue ReadingAn EEOC position statement is an employer’s written response to a discrimination or workplace complaint filed with the Equal Employment Opportunity Commission. The position statement allows employers to explain their side of the dispute, provide supporting evidence, and address the employee’s allegations before the EEOC continues its investigation. Because these statements can significantly impact the direction of a case,...
Continue ReadingYou work hard to build strong business relationships and fulfill your contracts. You should be able to expect that your hard work is not unlawfully undermined. Contact our law firm today if you believe you have a case against another party for tortious interference. But what happens if someone actively works to undermine your efforts or steal your opportunities...
Continue ReadingA hallmark of a company’s success is often the pursuit of that company by a suitor purchaser. For the shareholders being courted, many are not mere passive investors; they are the founders, the ground-floor believers, and the proud owners of sweat equity. And they duly expect just compensation in order to part with the start-up company and its innovative...
Continue ReadingMitigation of damages is a contract law concept that arises if a contract is breached. It means that the non-breaching party to a contract may be required to take steps to minimize their losses after the other party breaches the contract. Despite doing nothing wrong, a non-breaching party may have an obligation to not only avoid further loss because...
Continue ReadingAlternative Dispute Resolution is the use of methods such as mediation and arbitration to resolve a dispute instead of litigation. Alternative Dispute Resolution (ADR) is a way to settle disputes without litigation. Using ADR procedures can avoid the acrimony that often accompanies extended trials and allows parties to understand each other’s position and craft their own solutions. Key Takeaways...
Continue ReadingWhen you have worked hard to build a business, having someone try to sabotage it is devastating. This situation is even more upsetting when it is your partner that is sabotaging your business. Luckily, you have rights as a business owner. There are a number of steps you can take to protect your business, up to and including grounds...
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