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. 
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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.
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Compliance with IRS and Department of Labor regulations governing 401(k) Plans is filled with landmines and traps for the unwary. Here are six easy ways you can screw up your own 401(k) plan and, if you’re a plan fiduciary, be personally liable for all the costs and expenses related to the problems.
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Some of you may be driving for the holidays so I thought I’d share some of my favorite podcasts with you. You already know I like to read (check out my latest book reviews here), but I’ve been driving a lot lately so I recently decided to explore podcasts as a new learning tool. Before...
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My periodic review of State of Michigan court cases continues with an important case Renco Electronics, Inc. v. UUSI, LLC (dba Nartron), dealing with how to respond when a supplier breaches a contract. Nartron contracted with Renco for Renco to manufacture specialized products; Nartron sold to OEMs.  The contract required Nartron to pay for all...
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Winds of change have swept through the Corporations Division of the Michigan Department of Licensing and Regulatory Affairs (LARA). Starting on October 30, 2017 LARA launched the Corporations Online Filing System (COFS).  The former MICH-ELF filing system is no longer available. How Does this Affect You? When you formed your business the State of Michigan gave your...
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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...
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That’s it… I’m stopping cold turkey. No more Twitter. I’ve been trying to be more active on social media, reach out to my clients in new and unique ways (at least for me), but Twitter is just one tool that I’ve given up on.  Yes, I announced with great fanfare not too long ago that...
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We live in a global economy.  But that doesn’t mean that you want to travel halfway across the globe if there is dispute with one of your contracts.
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When my client decided to sell her business, she thought most of the issues would revolve around agreeing on the ultimate purchase price, and minimizing any claims the Buyer could make against her after the sale.  However, it turned out, lease issues posed the biggest problems.
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