Enforcement of Non-Competes
201609.12
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Enforcement of Non-Competes

It is well established that non-compete agreements in employment contracts are enforceable if they meant the requirements of MCL 445.774a of the Michigan Antitrust Reform Act (“MARA”).  But what about non-compete agreements that do not arise in the employment context?  In Brillart v. Danneffel, 36 Mich. App. 359 (1971), the Court of Appeals ruled that…

Piercing the Corporate Veil
201609.12
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Piercing the Corporate Veil

Plaintiffs frequently seek to pierce the corporate veil of companies against whom judgments may be or have been obtained in an attempt to extend liability to the defendants’ principals.  Is piercing the corporate veil a viable cause of action separate from the underlying claims that seek to impose liability on the defendant entity?  When can…

Lender or Partner?
201607.26
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Lender or Partner?

Suppose that your client comes to you and says that he started a business and received funds from another person. Your client thinks that the other person simply made a loan to the business. The other person thinks that the funds are a capital contribution to a partnership, which made him a partner in the…

When Protective Orders Are Not Enough – Keeping Clients’ Confidential Information Out Of The Public Record
201605.05
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When Protective Orders Are Not Enough – Keeping Clients’ Confidential Information Out Of The Public Record

In the world of commercial litigation there is an unavoidable complication that often arises during disputes: how to handle sensitive and proprietary information. When parties to business-centered disputes resort to litigation to solve their dispute, the information that is exchanged between the parties often includes sensitive financial material, such as documents, reports, trade secrets, employee…

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…

The Tax Man Cometh: Strategies For Retiring Debt
201602.26
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The Tax Man Cometh: Strategies For Retiring Debt

As litigators, we often represent clients being pursued by creditors (banks, private lenders, bankruptcy trustees, etc.) seeking payment on loans or indebtedness. A strategy employed by many lawyers is to simply negotiate a discount on the indebtedness in exchange for immediate payment, with the remainder of the debt being “written off” by the creditor. If…

ECF Service Errors? They Do Happen.
201512.03
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ECF Service Errors? They Do Happen.

One of the largest changes in the practice of law in the last decade is the implementation of electronic court filing, or “ECF,” as practitioners have come to know it. Gone are the days when documents were hand-delivered to the court and counsel by runners and warehoused for years by the court. Now, the filing…

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,…