Are Employee Non-Compete Agreements Enforceable in Michigan?

Employers commonly condition the hire of a new employee on their willingness to agree in writing that after leaving the job, he or she will not engage in another job or a business that is competitive with the employer’s business. While such a commitment may appear to someone who is unemployed to be no big deal, that’s normally not the case. Being subject to such an agreement after one’s employment ends, is likely to create unexpected concerns for both employee and employer. In light of today’s tight job market, a terminated employee, with limited job skills and experience, may suddenly find himself with few, if any, employment opportunities. Because of a number of legal limitations on a former employer’s ability to enforce a non-compete agreement, employers attempting to do so may find themselves entrenched in costly and unpredictable litigation.

Learn more here!

Have questions regarding employment or labor law issues? Contact PSED, schedule an initial consultation with a employment law attorneys in Ann Arbor! 734-665-4441

Register Your Trademark with Help from Experienced Business Attorneys

Any individual or business can file an application with the United State Patent and Trademark Office (“USPTO”) to register its trademark and seek protection for the exclusive right to use its trademark in commerce. The registration of a trademark also prevents others from infringing upon your trademark and freely benefiting from your success in attracting business. The USPTO has a very strict examination process before it will approve registration of a trademark. Learn more here!

Have questions about your trademark rights? What does this mean for your business? Contact PSED, schedule an initial consultation with a business attorney in Ann Arbor! 734-665-4441

Protect Your Hard Work with a Trademark

Sometimes it takes a lot of time and resources to develop a unique and successful advertising scheme. Whether your business is best known for its name, logo, or catchy phrase, a business should safeguard its hard work and intellectual property. 

Have questions about your trademark rights? What does this mean for your business? Contact PSED, schedule an initial consultation with a business attorney in Ann Arbor! 734-665-4441

Michigan Governors Emergency Powers Are Limited

In a 4-3 decision issued on October 2, 2020, the Michigan Supreme Court limited Governor Whitmer’s authority to impose emergency regulations to deal with the COVID‑19 pandemic. 

It is important to note that whether one agrees or disagrees with the result reached by the Court, or with the specific reasoning with any of the justices’ separate opinions, the Court’s October 2nd decision doesn’t necessarily limit the ability of state agencies other than the Governor (for example, the Department of Health and Human Services) to issue regulations dealing with the COVID crisis. Learn more here!

Have questions about your rights? What does this mean for our business? Contact PSED, schedule an initial consultation with a business attorney in Ann Arbor! 734-665-4441

Michigan Supreme Court Limits Governor’s Emergency Powers

In a 4-3 decision issued on October 2, 2020, the Michigan Supreme Court limited Governor Whitmer’s authority to impose emergency regulations to deal with the COVID‑19 pandemic. 

The Governor had declared states of emergency under two statutes, the Emergency Powers of the Governor Act of 1945 (the EPGA) and the Emergency Management Act of 1976 (the EMA). Learn more here.

Have questions about your rights? What does this mean for our business? Contact PSED, schedule an initial consultation with a business attorney in Ann Arbor! 734-665-4441

What Happens to Surplus Proceeds from Foreclosure Sale?

On July 17, 2020, the Michigan Supreme Court issued an important decision in Rafaeli, LLC and Andre Ohanessian v. Oakland County and Andrew Meisner that will impact county budgets and tax-foreclosure protocols.

In the case, Plaintiff Rafaeli owed $8.41 in unpaid property taxes from 2011, which grew to $285.81 after interest, penalties, and fees. Oakland County and its treasurer foreclosed on Rafaeli’s property for the delinquency, sold the property at public auction for $24,500, and retained all the sale proceeds in excess of the taxes, interest, penalties and fees. Plaintiff Ohanessian owed approximately $6,000 in unpaid taxes, interest, penalties, and fees from 2011. Like Rafaeli’s property, defendants foreclosed on Ohanessian’s property for the delinquency, sold his property at auction for $82,000, and retained all the proceeds. Plaintiffs claimed that the defendants’ retention of the surplus proceeds constituted a taking of their properties without payment of just compensation as required by Michigan’s Constitution. They filed a lawsuit and asserted a claim referred to as “inverse condemnation” against the defendants.

Find out how the court ruled in this particular case here!

Have questions about your rights? Contact PSED, to real estate lawyers in Ann Arbor schedule an initial consultation! 734-665-4441

Michigan Supreme Court Rules That Oakland County Treasurer Cannot Retain Surplus Proceeds From Tax-Foreclosure Sale

On July 17, 2020, the Michigan Supreme Court issued an important decision in Rafaeli, LLC and Andre Ohanessian v. Oakland County and Andrew Meisner that will impact county budgets and tax-foreclosure protocols. In a detailed opinion by Justice Zahara joined by 5 other justices (Justice Viviano wrote a separate concurring opinion), the court unanimously ruled that Oakland County unlawfully retained the surplus proceeds from the tax-foreclosure sale of plaintiffs’ properties that exceeded the amount they owed in unpaid delinquent taxes, interest, penalties and fees. The court found that defendants’ retention of those surplus proceeds is an unconstitutional taking without just compensation under Article 10, Section 2 of the 1963 Michigan Constitution (referred to as the “Takings Clause”).

Learn more here!

Have questions about your rights? Contact an experienced real estate lawyer in Ann Arbor to schedule an initial consultation! 734-665-4441