The case of Up Hydro, LLC v. Artibee heard by the Michigan Court of Appeals is critical for all parties who want to use letters of intent as part of the purchase agreement. The plaintiff, who wanted to get out of the agreement, argued that no binding contract existed because its offer stated it was...
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Let’s take a look at a Michigan case of an ex-employer enforcing a non-competition agreement. This one may hit close to home as it involved two local swim schools, Goldfish Swim School and Aqua-Tots.  I’m sure you’ve heard of at least one of them, or noticed them popping up everywhere.  They’re very popular indoor swim schools that focus...
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All businesses, especially those in the service industry, struggle with distinguishing their business and services from those of competitors. Scott McKain, tackles this issue in, Create Distinction: What to Do When “Great” Isn’t Good Enough to Grow Your Business. Scott is a leading expert on business and professional distinction, the founder of the Ultimate Customer...
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People who benchmark have got it all wrong. There is no reason to do it, and for those who do, you are actually holding yourself back. I had this epiphany while spinning (and for those of you who regularly read my blog, you know I love this exercise and actually find it a great source...
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Those silly warranty provisions. You see them all the time in contracts where a seller of goods or services has language, usually in ALL CAPS AND BOLD, that essentially says “yea, I sold this this stuff, but I’m not promising that it really does what it’s supposed to do or what you want it to...
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In my never ending obsession with arbitration clauses, the Michigan Court of Appeals added more fodder in the recent case of Shaya vs City of Hamtramck. In this case, the Court of Appeals, again, interpreted the Michigan Arbitration Act (MAA). This act succinctly states that the parties can agree to arbitrated dispute if: (1) the...
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We’re (Almost) Everywhere Now There are now more ways than ever to see what we are doing and how our practice is growing. Follow us on Facebook, Google+ and Twitter by clicking on the logo below, and of course connect with me on LinkedIn by clicking on the logo under my picture. Sorry, no Snapchat...
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  The atmosphere was perfect: lights turned off, fans cranked up, and the music blasting. The class was packed with 25 riders intent on doing their best. People were smiling, laughing, excited to be there. As I sat there ready to get my butt kicked, it hit me. What if we all could lead like...
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Have you ever wanted to pick the brain of executives and founders of successful and influential companies?  If you are like me, you would jump at this opportunity. Enter NewCo.  Have you heard of it?  If not, it should definitely be on your radar.  In the spirit of community over competition, NewCo. grabbed the proverbial...
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Winter is behind us. Tax Season is behind us. But the business world always lies ahead of us. With the first calendar quarter just ended, I hope you are charging full speed ahead to meet your 2016 business goals.  Catch up on my recent blog posts, book reviews and practice news right here.
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