Understanding Your Rights Under Michigan Franchise Law
Michigan franchisees have protections that go beyond those offered in most other states. The Michigan Franchise Investment Law limits what franchisors can do, and understanding
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Key Franchise Agreement Clauses That Lead to Disputes in Florida
Most franchise disputes trace back to a handful of clauses buried in a lengthy agreement. Franchisees frequently sign these documents without fully appreciating how a
Franchisor vs. Franchisee Litigation in Michigan: Who Has the Upper Hand?
Franchise litigation rarely starts on equal footing. Franchisors typically draft the agreement, choose the forum, and have handled dozens of similar disputes. Franchisees are often
Ending a Contract in Michigan and Florida
There are several legal ways to end a contract in Michigan and Florida, including mutual agreement, a termination clause, or a response to a serious
Arbitration Agreements Explained
An arbitration agreement is a provision in a contract or a separate agreement that requires disputes to be resolved through private arbitration rather than in
What Evidence Helps Prove a Construction Defect Claim in Michigan?
Construction defects can turn your dreams of a profitable commercial property into a nightmare, leaving you with costly repairs and endless frustration. When contractors cut
Is it Worth Getting Involved in a Class Action Lawsuit?
Class action lawsuits often create a dilemma for potential participants. You receive a notice in the mail about a settlement or pending lawsuit, and suddenly
How Much Control does a Franchisee Have in Michigan?
Franchisees often discover that business ownership comes with more restrictions than they anticipated. The balance between independence and brand consistency creates tension that can make
What are Examples of Tortious Interference With a Business Under Michigan Law?
Business relationships form the foundation of commercial success, but what happens when someone deliberately undermines those connections? Tortious interference occurs when a third party intentionally
What are the Three Kinds of Unenforceable Contracts?
Contracts form the backbone of business relationships, but not every agreement that looks legitimate on paper can actually be enforced in court. Understanding which contracts
What Do You Need to Prove for a Breach of Contract in Michigan?
Contract disputes happen every day across Michigan, from small business deals gone wrong to major commercial agreements that fall apart. Whether you’re dealing with a
How Hard is it to Win a Breach of Contract Lawsuit?
Breach of contract lawsuits can be deceptively complex. What looks like a straightforward broken promise from one party often involves layers of legal interpretation, evidence
What Evidence Is Most Critical to Winning a Complex Commercial Litigation Case?
Under Michigan law, both you and your business have rights—rights you can seek to enforce through commercial litigation. The success of your case may hinge
What Steps Should a Business Take Immediately After Being Sued?
Is your company involved in a contentious business dispute in Troy or elsewhere in Michigan? If so, you could soon find yourself the target of
When Should a Company Consider Filing a Counterclaim in a Commercial Lawsuit?
Disputes about business can boil over to the point that litigation becomes unavoidable. If another party files a lawsuit against your company, you may have
Understanding the Legal Risks of Terminating a Construction Contract in Michigan
Various circumstances may require a party to a construction contract to withdraw from the project before its completion. Moreover, contractors and property or project owners
Strategies for Defending Against Complex Commercial Fraud Claims in Michigan
Has your Michigan-based business been accused of engaging in commercial fraud? While these cases are among the most complex types of commercial litigation in Michigan,
How to Protect Business Interests During Shareholder Litigation Over Company Valuation
Shareholders of your company may file litigation over various issues or disputes. One potential source of shareholder litigation is the valuation of your company and
Steps to Take When a Commercial Vendor Breaches a Supply Agreement
Has a commercial vendor breached your supply agreement? If so, you could be entitled to pursue a commercial lawsuit against them. Take the following steps
How to Handle Allegations of Breach of Fiduciary Duty in Michigan Corporations
Under Michigan law, corporate controllers like directors, officers, and majority shareholders may owe various fiduciary duties, such as duties of loyalty and fair dealing. Breaching
Legal Remedies for Delays Caused by Contractors on Construction Projects
When you hire a contractor for a construction project, you do so with the reasonable assumption that they will complete their work on time. Your
Protecting Minority Shareholders During High-Value Corporate Buyouts
In a corporate buyout, a party gains a controlling interest in or sole ownership of a corporation. A majority shareholder or an outside party, such
Alternative Dispute Resolution vs. Litigation in Commercial Cases
Businesses often resolve commercial disputes in one of two primary ways: through litigation in the court system or through alternative dispute resolution methods like mediation
How Shareholder Agreements Can Prevent Future Disputes
Shareholders in a closely held corporation can have significant legal disputes that may disrupt the business over matters such as strategic direction, finances, and management
What Business Owners Should Know About Oppressed Shareholder Claims in Michigan
Closely held corporations in Michigan may have one shareholder or a small group of shareholders who hold majority control of the company. When majority shareholders
What Are My Rights When a Contractor Fails to Complete a Project?
When you own a property under construction, one of the most challenging issues you can face is having a contractor fail or refuse to complete
How to Address Defective Work Claims on Construction Projects
Property owners or developers who hire contractors to perform construction work expect them to complete the project in a reasonable manner without causing any defects
Strategies for Negotiating Sales Commission Disputes
How to Handle Sales Commission Disputes in Michigan? Sales commission disputes can escalate quickly, especially when agreements lack clarity or when one party feels unfairly
Your Options When Commercial Disputes Arise: Mediation, Arbitration, and Litigation
After a commercial dispute arises, you have several options for resolving that dispute. Standard methods for resolving commercial disputes include mediation, arbitration, and court litigation.
How to Handle Valuation Disputes in Michigan Shareholder Buyouts
When shareholders in a business come into conflict with one another or with management, buying out one side’s shares often provides the best way to
Top 5 Mistakes Businesses Make in Commercial Disputes and How to Avoid Them
When a company finds itself in a commercial dispute with a counterparty, its leadership may make critical mistakes that could jeopardize the business’s position in
Understanding the Complexities of Class Action Lawsuits for Businesses
Class action lawsuits represent one of the most significant legal risks for businesses, as these lawsuits can impose a substantial financial and reputational penalty. A
Navigating Contract Interpretation Disputes in Michigan Commercial Litigation
When business relationships go awry, parties can wind up in legal disputes. However, the outcome of commercial litigation can turn on the interpretation of parties’
Facing a Construction Delay in Michigan? Legal Remedies and Prevention Tips
When you have a construction project in Michigan, delays in completing the project can cost you time, money, and peace of mind. A construction law
Addressing Disputes Over Construction Material Quality in Michigan Projects
Construction projects in Michigan can be interrupted by legal disputes between property owners and contractors. One of the most common disputes that can arise during
Fiduciary Duties in Michigan Shareholder Disputes: What Happens When They’re Breached?
What Happens When Fiduciary Duties are Breached in Michigan? Shareholders in a Michigan corporation can become involved in legal disputes with fellow stockholders or with
What Are My Options During a Deadlock in Michigan Closely Held Corporations?
In a closely held corporation, a deadlock occurs when not enough voting power among the shareholders of the corporation can agree on a specific vote
Common Environmental Claims Businesses Face Involving State and Federal Regulations
Businesses have various environmental regulatory responsibilities under state and federal law. As a result, government regulators may launch investigations and claims against businesses for environmental
Common Types of Faulty Workmanship Claims in Construction Projects
Construction projects can go awry when property owners or developers claim that contractors have performed faulty workmanship. Allegations of substandard construction work can lead to
Understanding Employment Contracts and Commission Agreements
Employee contracts are the legal foundation of a working relationship – outlining job roles, compensation, and termination terms. They not only set expectations but also
7 Strategic Approaches to Commercial Disputes
There are plenty of things you pick up in 30 years of law practice. Among them, the lessons that prove basic legal insights and strategies
The Role of Municipal Ordinances in Legal Disputes
Municipal ordinances are the local rules that govern daily life, regulating everything from business locations and noise levels to licensing and public services. They are
Understanding Tortious Interference in Business Relationships
In a highly competitive market, it’s not uncommon for businesses to lose customers, employees, or deals to rivals or competitors. Most of the time, that’s
Navigating a Breach of Commercial Contract: Legal Remedies and Best Practices
When a party violates a commercial agreement, what remedies and options does the other party have to seek relief for its losses? Here’s an overview
Why Should Business Lawyers Offer to Take Cases on Contingency?
The Challenge of Litigation Costs Business Litigation in the United States is expensive, really expensive. While other countries have rules that allow the winning party
Navigating Payment and Performance Bond Claims: Key Considerations for Businesses
Many construction projects require involved parties to obtain payment and performance bonds. These bonds guarantee the completion of a project or payment to contractors, subcontractors,
Preventing Breach of Fiduciary Duty Claims
In business and professional relationships, a fiduciary duty is established when one party is formally entrusted to act in the best interests of another. The
Fraudulent Transfers: Understanding the Risks and Legal Consequences for Businesses
When businesses engage in fraudulent fund transfers, they may face serious legal and financial consequences. These range from lawsuits to financial penalties and even personal
The Pros and Cons of Non-Compete Agreements for Michigan Businesses
Some Michigan businesses require employees to sign non-compete agreements to protect the business’s interests. A non-compete agreement precludes an employee, contractor, or former owner/partner from
How to Protect Your Business During Intellectual Property Litigation in Michigan
When another party violates your company’s intellectual property or accuses you of stealing its IP, taking prompt action can help protect your business’s interests during
Proving Business Interference: Elements of a Successful Claim in Michigan
Business interference, also called tortious interference, occurs when a third party intentionally disrupts two other parties’ business relationship. When someone has interfered with your Michigan
Resolving Disputes in Government Contracting
What are Types of Government Contracting Disputes in Michigan & Florida? Government contracting presents lucrative opportunities for businesses, but it also comes with unique challenges
Understanding Franchise Disclosure Requirements
What are Franchise Disclosure Requirements? A franchise is a business model where an individual or entity (the franchisee) is granted the right to operate a
3 Tips on Resolving Internal Business Conflicts for Shareholder and Partnership Disputes in Michigan
Business partners can have internal conflicts over strategy and operations. Corporate leadership or controlling shareholders may also have disputes with the corporation’s other stockholders or
Common Causes of Construction Litigation in Michigan and How to Avoid Them
Construction litigation can have devastating consequences for the parties in a Michigan construction project and the project itself. As one of Michigan Lawyer’s Weekly’s Michigan’s
How to Handle Breach of Contract Disputes in Michigan
Breach-of-contract disputes can lead to potentially costly commercial litigation in Michigan. Knowing what causes a contract dispute and how to handle a breach-of-contract claim if
Litigation Arising from Federally Funded Projects
Companies working on federally funded projects often have significant legal disputes with other project participants or federal agencies over issues such as breaches of contract,
Shareholder Voting Rights in Michigan
What are Shareholder Voting Rights in Michigan? Corporate shareholders have the right to vote on various aspects of the company’s operations. The scope of a
Understanding the Standards of Review in Appellate Cases
In the United States, trial decisions may be appealed when the losing side has issues with the trial court proceedings, the law that was applied,
Understanding Arbitration Agreements: 13 Key Clauses to Include
While the terms mediation and arbitration are often used together, they are distinctly different forms of conflict resolution. Mediation is a voluntary process; you can
Implementing Sustainable Practices to Prevent Environmental Lawsuits
Environmental concerns have become increasingly significant for today’s businesses, with consumer demands and complex environmental protection laws affecting a wide variety of industries. For example
Risk Management in Public Transportation Contracts
Nearly two-thirds of transit agencies in the United States contract all or part of their operations to private providers. For example, a city might invite
Preventive Measures for Avoiding Shareholder Conflicts
Just as half of marriages end in divorce, many business arrangements result in what’s known as a “business divorce.” The question is: Can your company
Minimizing Reputational Damage from Class Actions
Progressive Marathon and Progressive Michigan Insurance Company just settled a $61 million dollar class action brought by Michigan policyholders alleging that the insurance carriers failed
Legal Challenges in Zoning and Land Use Disputes
Zoning and land use disputes continue to play a critical role in shaping Michigan’s communities. Recent high-profile cases have highlighted the tension between local authorities
The Role of Indemnity in Insurance Law
In basic terms, indemnity protects one party from financial loss due to the actions or negligence of another. For businesses, especially those that operate in
Legal Strategies for Managing Risk in Professional Practice
In today’s high-stakes business environment, businesses face increasing exposure to legal risks. Whether from a client dispute, a regulatory lapse, or a potential negligence claim,
Understanding the Bidding Process for Government Contracts
For millions of small businesses each year, the prospect of securing a government contract represents a major opportunity for growth. According to the U.S. Chamber
Strategies for Disputing Denied Insurance Claims
Dealing with a denied insurance claim for your business? While it may be frustrating and can feel like defeat, you can take comfort in knowing
Credit Issues: Understanding Reporting and Litigation
In today’s fast-evolving business economy, the rules are constantly changing. The Fair Credit Reporting Act (FCRA) has long set the standards for accurate, fair, and
Protecting Your Business from Tortious Interference Claims
As businesses engage more aggressively in competitive practices, tortious interference is becoming increasingly common. These legal issues arise when one party unlawfully disrupts another’s contractual
The Consequences of Breaching Fiduciary Duties
Fiduciary duties represent the highest legal standard of care, requiring a licensed professional or corporate officer – such as a financial advisor, doctor, lawyer, realtor,
The Role of Oral Arguments in Shaping Appellate Outcomes
A strong oral argument enhances an attorney’s ability to persuade the court in their client’s favor – and that’s often especially true in appellate court.
Choosing the Right Guide for Your Mediation Journey
As a business owner, facing a legal dispute can be a bit like traveling to a totally foreign country all on your own. Facing new
Call a Professional: Utilizing Expert Witnesses in Environmental Litigation
When legal issues involve intricate scientific, technical and regulatory aspects – as in environmental litigation – expert witnesses play a role like medical specialists. These
Building Code Compliance Tips for Construction Projects In Michigan
Understanding the Importance of Building Code Compliance Building codes are designed to ensure the safety, health, and general welfare of the public. They set the
The Right of a Shareholder to a “Fair Exit”
Shareholders choose to end business relationships for any number of reasons. When a shareholder decides to leave, it’s important to ensure they’re fairly reimbursed for
Business Partnership Separation: What to Know
Like any other relationship, a business partnership can have its ups and downs. While some partnerships may withstand the tests of time, most won’t. If
Mitigating Risk: Best Practices for Businesses in Government Contracts
Government contracting offers lucrative opportunities, but it also comes with unique legal risks and complexities. Navigating stringent regulations, bid processes, and performance standards is essential,
Identifying & Mitigating Potential Threats & Legal Risks When Starting a Business
Only 50% of small business owners are optimistic about the next six months, down from 57% last year, according to a recent survey by the
Ensuring Compliance with Occupational Workplace Laws: Strategies for Construction Companies
Given the hazardous nature of construction work, the industry is governed by numerous regulations designed to protect workers’ rights and ensure their safety. Non-compliance can
Understanding Professional Liability Disputes in Michigan
What is Professional Liability in Michigan? Licensed professionals in Michigan, such as nurses, doctors, engineers, architects, attorneys, and accountants, go to great lengths to obtain
Who Is Legally Responsible for a Franchise’s actions in Michigan?
The opportunity to run a franchise can be an ideal option when you want to own a business but have concerns about the risks involved.
Lawyer vs. Legal Department: Which Does Your Business Need?
Choosing the right legal support can allow your business to succeed and reach new heights. You can hire a lawyer on an as-needed basis, keep
Michigan’s Right-to-Work Repeal: Impact on Unionized Construction Labor
Michigan’s construction industry is a cornerstone of the state’s economy, spanning commercial, residential, industrial, and infrastructure projects. Despite opposition from the Detroit Regional Chamber and
Trends in Construction Law: Green Building Regulations and Compliance
The construction industry has witnessed significant shifts in recent years, driven by advancements in materials, technology – and evolving societal values. An emphasis on sustainability
Emerging Trends in Environmental Litigation: What Attorneys Should Know
Environmental enforcement is a moving target. I began my career in the insanity of Superfund litigation where cost recovery actions were driving down the profits
The Role of the Arbitrator: Qualifications & Responsibilities
Ever wondered about who exactly is “in charge” of a legally binding arbitration process? Let’s take a peek into the world of arbitrators. Think of
Franchise Termination: Legal Insights and Tactical Approaches
Entering into business doesn’t guarantee an income, especially right away. Unfortunately, this is a common misconception that traps many new business owners, especially franchisees. Although
Arbitration vs. Litigation: Weighing the Pros and Cons for Businesses
In my over years of legal practice, I’ve been there for almost all of the intricacies and challenges a business can face when navigating disputes,
Addressing Delays and Disruptions in Construction Projects
In my over 30 years of experience working alongside the construction industry, I’ve witnessed firsthand the predictably unpredictable challenges that construction projects can present. From
Mastering Appellate Brief Writing: A Simple Guide
I believe that individuals who are passionate about reading or writing are more likely to succeed in the practice of law. Why so? Given the
Litigation Funding in Commercial Cases: Opportunities and Risks
Let’s cut to the chase — commercial litigation can be a substantial financial undertaking. With commercial cases, every legal move comes with a price tag,
Guiding Principles in Defending Against Excessive Force Allegations
“Excessive force” is a term often thrown around casually on social media, and the discourse around it can become hyperbolic when there’s an incident that
4 Effective Strategies for Navigating Civil Rights Cases
In the landscape of legal practice, civil rights cases involving law enforcement are unfortunately widespread, impacting communities nationwide. In the pursuit of justice, it is
Navigating Insurance Coverage for New Policyholders
Insurance in the commercial industry is a topic that often falls into the love-it-or-hate-it category. For one thing, it focuses largely on the unknown! Think
Ensuring Peace of Mind: Legal Strategies for Maximizing Insurance Benefits
There’s a lot of truth to this old adage: “You can’t put a price on peace of mind – but insurance comes pretty close!” I
Unbelievable But True: Policyholders Are Required to Pay For Other Insureds’ Losses!
Hurricane season is ramping up in the Atlantic, and the National Oceanic and Atmospheric Administration just modified its seasonal update increasing the predicted number of
Residential Construction
Out-of-date State of Michigan LARA website causing ongoing confusion over whether contractors need to be licensed as residential builders for mixed commercial and residential construction
Practicing Law in Multiple States: Navigating Remote Hearings
“Can you be in two places at the same time?” The answer is ‘yes!’ – I do it every day with Zoom, conference calls, airplanes,
Top Legal Challenges Faced by Large Commercial Construction Businesses
I have had the honor and privilege of working on some of the largest and highest-profile construction projects and disputes in the State of Michigan.
Mitigating Risk in Construction Projects: A Litigation Perspective
Rarely does a movie or television show portray a “normal day” at a construction site. Not including drug empires or mafia meetups (which sometimes happens),
The Importance Of Mediation In B2B Commercial Litigation
Name one company willing to burn time, talent, and treasure to enter into litigation when it’s not absolutely necessary… I’ll wait. While I am not
Green Construction: Legal Considerations for Environmentally Friendly Projects
You might have heard that green construction practices have gained momentum. Just to clarify: This doesn’t mean modern structures need to be surrounded and filled
When Contracts Meet Chaos: Legal Considerations for Force Majeure and Beyond
You’ve probably heard of the term “legalese” – used to describe the way a legal document can read like a foreign language to the average
Key Elements of a Strong Defense in Business Litigation
With years of experience handling various business litigation cases, I have gained extensive knowledge of how businesses can effectively handle legal disputes relating to other
Effective Strategies for Resolving Business Contract Disputes
Business Contracts Are All About The Details Some business deals go off effortlessly, and the arrangements could have been a handshake instead of intricate legal
Actions and Remedies for Breach of Business Contracts
The best business contracts a reinforced by a strong paper trail. When we are in a hurry and have to jot down a few notes: