Trade secrets are an important part of any business. Some companies even take extreme measures to protect their trade secrets. For example, rumor has it that KFC moves its secret original recipe to a secure location via armored car and motorcade when it has to update its security systems. And Coca-Cola supposedly keeps its formula in a safe to...
Continue ReadingEmployment Law is a broad topic encompassing all areas of the employer-employee relationship with the exception of negotiations covered by Labor Law and Collective Bargaining. Thousands of Federal and State statutes, administrative regulations, and judicial decisions make up the law of employment. Many laws, such as minimum wage regulations are protective labor legislation. Other laws fall into the area...
Continue ReadingForce majeure is a term used in contracts to describe unforeseen events, outside a party’s control, which may exempt a party from liability. With the recent outbreak of COVID-19, businesses may experience supply chain disruptions or interruptions that impact their ability to perform under a contract. An Overview of Force Majeure Clauses It is widely understood that when parties...
Continue ReadingThe Federal District Courts, the Federal Courts of Appeal, and the United States Supreme Court comprise the federal court system. The federal courts are empowered to decide the constitutionality of federal laws, to resolve other disputes that arise under those laws, and to resolve disputes between residents of different states under certain circumstances. Federal District Courts are the general...
Continue ReadingThe mission of the State Bar is to aid in promoting improvements in the administration of justice and advancements in jurisprudence, improving relations between the legal profession and the public, and promoting the interests of the legal profession in this state. Currently, the Bar has more than 42,000 attorney members. The Michigan Legislature established the State Bar of Michigan...
Continue ReadingBusinesses come in all sizes from one-person ownership to large multi-national corporations. Regardless of the size of the business or type of service or product they offer, if a legal problem arises, they want it solved quickly, efficiently, accurately and predictably. In an effort to satisfy that need, the Michigan Business Court Statute was passed in October of 2012. A...
Continue ReadingIt is common for corporate shareholders to bring lawsuits based on alleged wrongdoing by corporate officers or directors. Michigan courts have not squarely addressed whether a derivative or a direct suit is the proper vehicle for such claims. This post will explore some of the different views Michigan courts have taken on this developing issue. A derivative suit, as...
Continue ReadingLuke? Lord Vader has set a trap for him. And we're the bait. Well, he's on his way. Perfect. You fixed us all pretty good, didn't you? My friend! Stop! I've done all I can do. I'm sorry I couldn't do better, but I have my own problems. Yeah, you're a real hero. You certainly have a way with...
Continue ReadingFrom the January 30, 2006 Michigan Lawyers Weekly. By E Powell Miller, David H Fink and Lauren Duerr Heralded by President Bush as “a model of effective, bipartisan legislation” that will “ease the needless burden of litigation on every American worker, business, and family,” the Class Action Fairness Act (CAFA) was signed into law on Feb. 18, 2005. Opponents...
Continue ReadingThe duty of good faith and fair dealing is implied in every contract. The Restatement (Second) Contracts, Section 205 states: “Every contract imposes upon each party a duty of good faith and fair dealing in its performance and enforcement.” The Uniform Commercial Code (UCC) also imposes a duty of good faith. UCC Section 1-203 provides: “Every contract or duty...
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