How to Turn the Table on Privilege Claims in Fraud Cases
201402.14
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How to Turn the Table on Privilege Claims in Fraud Cases

Few accusations raise the hackles of clients more than claims that they defrauded someone.  Understandably, the client accused of fraud wants his or her attorney to prove that he or she was honest and forthright in the parties’ dealings.  When you win a summary disposition motion dismissing a fraud claim, you will certainly have one…

Oakland County Business Court Update: Accounting Malpractice Actions Are Not “Business Or Commercial Disputes”
201401.20
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Oakland County Business Court Update: Accounting Malpractice Actions Are Not “Business Or Commercial Disputes”

In a prior article, we discussed the implementation of the new Oakland County business court under the business court act – MCL 600.8031, et seq. (the “Act). We also discussed the types of cases that are, and are not, “business or commercial disputes” that must be filed in the business court. Since our last article, we have filed several…

When Protective Orders Are Not Enough
201309.05
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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…

The Oakland County Business Court: A Court Within A Court
201309.05
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The Oakland County Business Court: A Court Within A Court

On June 3, 2013, Public Act 333 of 2012 (the “Act’) took effect in Michigan. The Act requires Michigan circuit courts with three or more judges to create a separate “business court” to handle commercial cases, with certain judges from these courts being assigned to preside over these cases. The Michigan legislature established the new…

No License? No Luck! Tools of the Trade.
201304.27
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No License? No Luck! Tools of the Trade.

A party may be owed money for services they performed, however, if they do not have the proper license for their field of practice, they may be out of luck. Michigan’s Occupational Code (the “Code”) requires a license to engage in many professions (barber, cosmetologist, architect, real estate broker, residential building contractor). If a person…

Negotiate Now in Purchase Money Priority Cases
201304.24
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Negotiate Now in Purchase Money Priority Cases

The effects of the housing bubble have been felt by just about everyone, and lenders are certainly no exception. And while “cutting one’s losses” brings joy to virtually no one, lenders are learning just how critical the timing and art of negotiation can be in realizing the best possible outcomes out of an imperfect set…

Legal Malpractice Actions Now Subject to Six-Year Statute of Repose
201304.24
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Legal Malpractice Actions Now Subject to Six-Year Statute of Repose

On January 2, 2013, the Michigan Legislature enacted new legislation that can have the effect of “trumping” the previous six-month discovery rule applicable to attorney malpractice claims. Previously, legal malpractice claims were subject to a two-year statute of limitations (two years from the last date of service performed by the attorney), with a six-month “discovery…