Corporate & Business

One of the most recent opportunities for business development in Michigan is the passage of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), making Michigan the 10th state to legalize the recreational use of Marijuana. On November 1, 2019, Michigan began accepting license applications for recreational marijuana establishments. There are still a multitude of ... Read More

In Vanalstine v Land O’ Lakes Purina Feeds, LLC, 326 Mich App 641 (2018), the Michigan Court of Appeals considered the enforcement of a disclaimer of implied warranties clause in a contract, finding the disclaimers effective. Vanalstine operated a dairy farm in Eaton County, Michigan, and purchased feed for his cows from a retailer partially ... Read More

Gielow Groom Terpstra & McEvoy (“GGTM”) welcomes Nicolas M. Morano, who recently joined the growing ranks of experienced attorneys at GGTM. Nic has more than a decade of experience in counseling businesses and entrepreneurs in complex real estate and corporate matters. As a Mona Shores High School graduate, Nic is excited to transition his practice ... Read More

In Innovation Ventures v Liquid Manufacturing, LLC, Michigan Supreme Court Docket No. 150591 (decided July 14, 2016), the Michigan Supreme Court considered whether the validity of a covenant not to compete should be determined by looking at the factors provided in MCL 445.774a or by using the “rule of reason” analysis. MCL 445.774a sets forth ... Read More

On May 11, 2016, the Defend Trade Secrets Act of 2016 (“DTSA”) was signed into law by President Obama. DTSA, which amends 18 USC 1836, creates a new federal civil cause of action that will allow businesses to obtain damages and injunctive relief and to recover attorney’s fees for misappropriation of trade secrets. Prior to ... Read More

Scott Timmer has joined Gielow Groom Terpstra & McEvoy (“GGTM”), adding strength to the firm’s growing legal team. Timmer is the seventh attorney to join GGTM, bringing with him more than 35 years’ experience in the practice of real estate and business law. Timmer is a recognized expert in the area of real estate, having ... Read More

Most contracts containing covenants not to compete or non-solicitation provisions also contain language within those provisions stating that any breach or threatened breach will result in “irreparable harm,” and that it may be difficult to determine or adequately compensate the non-breaching party through monetary damages. Contract drafters include this language because courts only award two ... Read More

In Epps v 4 Quarters Restoration, LLC, Docket No. 147727 (September 28, 2015), the Michigan Supreme Court held that homeowner contracts with unlicensed builders are voidable, thus putting existing murky law to rest. In Epps, Mr. and Mrs. Epps’ Detroit home suffered flood damage. The innocent homeowners’ insurance company, Auto Owners, employed an adjusting service ... Read More

In 2000, Michigan adopted the Uniform Electronic Transactions Act (“UETA”). In Michigan, the mutual assent of both parties to a contract is required in order to have a valid and enforceable contract. Assent of a party can be demonstrated by an “electronic” signature if the parties have agreed to conduct a transaction by electronic means, ... Read More

The 6th Circuit Court of Appeals recently ruled that the designs on cheerleading uniforms are entitled to copyright protection under federal law. The Court’s decision hinged on whether the design aspects such as colors, stripes, curves and diagonals, were separate from the utilitarian aspects of a cheerleading uniform, i.e. the uniforms’ ability to cover the ... Read More