Jennifer M. Grieco attended the American Bar Association Bar Leadership Institute
201705.04
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Jennifer M. Grieco attended the American Bar Association Bar Leadership Institute

Jennifer Grieco attended the ABA’s Bar Leadership Institute (BLI) in Chicago from March 15-17, 2017 in her role as Vice President of the State Bar of Michigan.  In addition to the opportunity to interact with bar leaders from across the country regarding member engagement and innovation, BLI was an invaluable opportunity to highlight the technological changes…

Eavesdropping Under Michigan Law
201611.16
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Eavesdropping Under Michigan Law

Every so often the issue of “eavesdropping” comes up in a lawyer’s practice.  Perhaps a client has recorded, or wants to record, a conversation with another party (most often a spouse, business partner or contracting party) or had their own conversation recorded by another party.  Or maybe it is the lawyer who wants to record…

The Unconscionability Claim/Defense
201604.28
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The Unconscionability Claim/Defense

The claim that a contract is unenforceable because it is unconscionable is more often than not the equivalent of a Hail Mary pass – a long shot that is rarely successful (unless you were Aaron Rodgers facing the Detroit Lions in 2015). Although the Court of Appeals recently affirmed the denial of a summary disposition…

Frustration, Impossibility and Mistake
201512.03
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Frustration, Impossibility and Mistake

In its recently issued opinion in Riewe v. Baron, 2015 Mich App LEXIS 1907 (October 20, 2015), the Michigan Court of Appeals dealt with some recurrent contract defenses that are frequently litigated in the Business Court. The defenses at issue were mutual mistake of fact, frustration of purpose and impossibility of performance, which, if successfully asserted,…

In Pursuit of a More Perfect Forum Selection Clause
201507.27
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In Pursuit of a More Perfect Forum Selection Clause

Attorneys who draft contracts regularly insert forum selection clauses into them that require the parties to litigate their disputes in certain locations. Attorneys who litigate breach of contract claims regularly turn to those clauses before filing suit to determine the proper venue in which to file their claims. But a word to the wise –…

When Can the Attorney-Client Privilege Cease to Exist?
201412.16
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When Can the Attorney-Client Privilege Cease to Exist?

When attorney-client and work product privilege issues are litigated, the disputes usually involve the applicability of the privilege, whether any exceptions apply or whether the privilege has been waived. This month’s blog deals with a different spin on the law of privileges, namely, do those privileges ever cease to exist? Here is how that question…

Limited Claims Survive Against Accountant Who Fails to Detect Theft By Company Controller
201408.12
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Limited Claims Survive Against Accountant Who Fails to Detect Theft By Company Controller

The Court of Appeals recently upheld the dismissal of malpractice and fiduciary duty claims alleging that an accountant failed to “keep an eye” on the company’s controller who later engaged in a two year long embezzlement scheme, stealing over $400,000. Banker & Brisebois, Co. v Maddox, et al., unpublished per curiam opinion of the Court of Appeals,…

Court of Appeals Holds that Law Firm Representing Itself in an Action for Attorney Fees is Entitled to Case Evaluation Sanctions
201404.07
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Court of Appeals Holds that Law Firm Representing Itself in an Action for Attorney Fees is Entitled to Case Evaluation Sanctions

The Michigan Court of Appeals recently issued an opinion providing that a law firm that represents itself in an action for non-payment of attorney fees is entitled to obtain case evaluation sanctions and be compensated for its own fees incurred in bringing the fee action when the former client fails to accept case evaluation pursuant…