» Disputes & Business Litigation

When a Jury Beats a Judge

When a Jury Beats a Judge

I represent a lot of companies in disputes with customers, suppliers, and employees. Conventional wisdom says that a judge or “bench trial” is preferred for a corporate defendant rather than a trial by jury. Many contracts and employment…
When Should You Take the…

When Should You Take the Deal?

I am usually the first person in any room to advocate for alternative solutions to litigation. After more than two decades of navigating legal disputes, I know that litigation can be time-consuming and expensive. And one of the most often touted alte…
Avoid Litigation Through…

Avoid Litigation Through Preparation

Litigation, while sometimes unavoidable, is an expensive and time-consuming process that can produce unpredictable results. In the context of business transactions, the best way to avoid litigation is to anticipate the potential for future problems …
Getting Down to Business…

Getting Down to Business… The Business of Business Courts, That Is

What’s the first word that comes to mind when you hear the word “litigation?” Expensive? Inefficient? Unpredictable? Effective October 17, 2012, Michigan’s Public Act 333 (“Act”) was designed to respond to these common concerns. The Act…
Director and Officer Liab…

Director and Officer Liability in the Private Sector

Shortly after my husband and I moved to our current home, I decided to take a turn sitting on our Homeowners’ Association Board of Directors. One of the first issues that arose for the board that year was a dispute from an association member who ac…
Chip-n-Dip (It’s About…

Chip-n-Dip (It’s About Security, Not Guacamole)

The move to EMV is in process in the United States. EMV is short for Europay, MasterCard, and Visa’s global standard for chip-equipped credit/debit cards, chip-enabled point-of-service (POS) terminals, and the technology used to authenticate transa…
Agreement to Agree is No…

Agreement to Agree is No Agreement

What happens when parties in a business negotiation “punt” a difficult decision down the field to a later day? Rather than finalize terms on an important issue, they simply pledge that they will “agree to agree” at some point in the future. O…
It’s Not Just Words Any…

It’s Not Just Words Anymore…

For centuries, judges and juries have been evaluating non-verbal clues, such as a wink, a nod, a smile, that can serve to provide insight into a person’s state of mind and intent. Nowadays, judges and juries are grappling with how to interpret smi…
Are Your Contracts Harmin…

Are Your Contracts Harming Your Business?

In a perfect world, our customers buy our product or service and turn right around and pay us back for that product or service. And, most of the time, that is what happens. But when a customer’s business starts struggling, are you poised to recove…
Michigan’s New Garnishm…

Michigan’s New Garnishment Law Will Cut Employers Some Slack

Writs (i.e., orders) of garnishment are a powerful legal weapon wielded by creditors in their efforts to collect on court judgments. At the same time, they present dangerous legal landmines for the unwary. There are two categories of garnishment wri…