The recent case Saturn Wireless Consulting, LLC v. Aversa in New Jersey sheds more light on how non-solicitation clauses will be interpreted. Here’s the story (“CliffsNotes” version): Saturn Wireless hired Aversa. A Confidentiality, Non-Solicitation, and Non-Compete Agreement was signed by Aversa.  Aversa quit and set up a competing shop (outside of the non-compete radius).  Saturn Wireless sued, in...Read More

A person with a big head is defined by the Merriam-Webster Dictionary as “an exaggerated opinion of one’s importance” and by the Cambridge Dictionary as “someone who thinks that they are more important or cleverer than they really are.” Suffice to say there are many other definitions of “being big headed,” but these get the...Read More

In the first case, Estate of Mark E. Patrick v. Wendy Freedman, Wendy had relinquished all claims she had to Mark’s life insurance as part of their divorce judgment. However, Mark never changed the beneficiary designation on his life insurance policy. When he died, the plan administrator properly and lawfully paid the proceeds to Wendy...Read More

While there are many reasons I don’t like employee leasing companies, the IRS just added another big one to my list. In a recent IRS Office of Chief Counsel Ruling 20171201F, the IRS ruled that the taxpayer was on the hook for employment taxes that were left unpaid by a Professional Employer Organization, or “PEO”...Read More

As you know, I’m a big advocate of succession planning, and have tweeted, posted on my social media accounts, and blogged about this topic here and here. However, I still find that well over 75% of businesses in Detroit have failed to implement a comprehensive succession plan. That’s why I was excited to talk to...Read More

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...Read More

Benteler Automotive Corporation v. Wellington Industries, Inc.: This case stresses the importance of a well-crafted settlement agreement. More than 95% of all lawsuits filed never go to trial, they’re usually dismissed or settled out of court. Of course, a settlement is not always the perfect resolution, but an even worse resolution is when the settlement...Read More

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...Read More

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...Read More

You have a key employee that dies and you need to find a replacement in a hurry. There will inevitably be ramp up time and extra costs in getting him acclimated. And, you might have to overpay because you need an employee in a hurry. Life insurance on your deceased key employee will help defray...Read More