Damages for Breach of Contract

Adam Keilen How are damages calculated for contract disputes? Expectation Damages. Generally, if your lawsuit involves a contract, the contract damages (also called “expectation damages”) are calculated so as to…

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Copyright Protection

Adam Keilen What is Copyright protection? Does my Business/Company have any rights? Copyright protection grants certain rights to authors of “original works of authorship.” The protected work includes literary, dramatic,…

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Contract Interpretation

Adam Keilen Contract Law. The most basic principle in contract law is simple, “a contract is a promise, and promises ought to be kept.” Contract Interpretation. Contract interpretation often controls…

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Decanting Statutes in Michigan

Adam Keilen Decanting is the discretionary exercise of a fiduciary power to appoint assets in trust, meaning, under IRC 2652, to “effect an arrangement that although not a trust, has…

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What constitutes acceptance of an offer?

Adam Keilen When it comes to contracts, under Michigan common law, what constitutes acceptance of an offer? Under M Civ JI § 142.13, Acceptance, acceptance is a statement or conduct…

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Buy-Sell Agreements

Adam Keilen Questions Surrounding Buy-Sell Agreements. What happens when one partner is ready to exit the business? What are they entitled to? What are the surrounding terms and conditions of…

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Transfer Property From Parent to Child

The Michigan legislature passed a new law that impacts the way Michigan residential property taxes are assessed. Proposal A went into effect in January, 1995, and limited the amount a…

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Premises Liability for Business Owners

Adam Keilen Generally, as a small business owner, what duty do I owe to my customers, as it relates to premises liability? The duty owed to a business invitee (generally,…

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Amendment to 529 Educational Accounts

Adam Keilen As of January 2, 2013, Public Act 552 of 2012 was signed and amends the law regarding asset exemptions, as they relate to creditors. The Act protects 529…

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Litigation – Damages in Business Tort Cases

Adam Keilen The Michigan Supreme Court, in Schankin v. Buskirk, 354 Mich 390, 93 NW2d 293 (1958), using a flexible approach to damages, held that the rules for damages recoverable…

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