If you’re going to sue somebody, make sure you didn’t first violate the agreement, and if you’re going to make a claim for damages, make sure you can establish them with reasonable certainty. These are the two important concepts addressed in Accredited Home Care vs. Champion Nursing Care. Read More
I know, I know. People like to complain about their lawyer almost as much as about a Used Car Dealer. Unfortunately for the profession, this case justifies these complaints.Read More
This important blog post takes a look at a critical cyber insurance case affecting Michigan businesses. This case ultimately went to the Sixth Circuit Federal Court of Appeals. This court case is a solid reminder to review your cyber insurance policy before it’s too late.Read More
Sometimes, the presumed liability shield of an LLC and a corporation doesn’t help and YOU can be held personally liable for the debts of a company. This was proven in a recent Michigan Court of Appeals case, Bryant v Horatio Williams and Hattie Williams-Fields.Read More
Think you can sign your LLC Operating Agreement, put it in a drawer, and then forget it? No chance. Think of your Operating Agreement as the foundation of your business…the playbook for your company. Need to know what happens if a member leaves or dies? Operating Agreement. What everyone’s roles and responsibilities are? Operating Agreement. ...Read More
The tax court recently gave another reminder of the importance of properly documenting shareholder loans, and making sure that they reflect economic reality. If they don’t, any attempt to deduct these loans as bad debts will be disallowed, causing financial and tax heartache for the lender-shareholder. In Sensenig, TC Memo 2017-1, the court relied on three...Read More
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
