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

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

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...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

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...Read More

I had the fortunate opportunity to attend the O’Keefe Middle Market Forum where O’Keefe Advisors provided the results of its annual survey of middle market companies. The survey focused on recapping 2016 and also looking ahead for 2017. There were a number of interesting items that came out of the survey I think you’ll be interested in....Read More

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...Read More