Category: Corporate

Many companies have gone out of business and many more are in danger of going out of business as the COVID-19 pandemic continues. As a consequence, many creditors are facing debtors that have no money or assets from which a judgment can be collected. As an example, a commercial landlord might have a contractual lease […]

A federal court has recently held that POSSESSION of a trade secret is sufficient for a party to bring a trade secret misappropriation claim. Under the court’s ruling, OWNERSHIP is not required. See Advanced Fluid Systems, Inc. v. Huber, Case Nos. 19-1722 and 19-1752 (3rd Cir. April 30, 2020). In the Advanced Fluid Systems case, […]

Giant Eagle is facing at least 32 class action lawsuits from customers related to its wear-a-mask policy. Giant Eagle is a grocery store and pharmacy chain with stores in midwest states like Ohio, Pennsylvania, and Indiana. See news reports here. Like many retailers, Giant Eagle is walking a fine line between trying to prevent transmission […]

There are complex legal and practical considerations when a person or entity is buying a business. Most people probably liken buying a business to buying a house or other real property. However, buying a business is much more complex. You will need to retain a talented and experienced Michigan business attorney to help. The advice […]

Whether a plaintiff must present evidence and prove that a stolen trade secret has been or is being used depends on whether the plaintiff is suing under common law theories or under versions of the Uniform Trade Secrets Act (“UTSA”). To date, 47 states and the District of Columbia have adopted a version of the […]

Even as the COVID-19 pandemic is receding and the economy is being reopened, there are many businesses that are continuing to abide by social distancing and the use of remote technologies as substitutes for face-to-face gatherings. This applies to meetings that are generally required for corporate governance purposes. In general, shareholder meetings and board of […]

As states begin the process of reopening the economy, employers are searching for ways to ensure the safety of their employees (and customers). Keeping employees safe and minimizing contagion risks are high priorities. There are attendant and significant legal risks. For example, in general, the federal Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 […]

Not every claim for breach of contract will lead to an adverse judgment. There are some legal defenses that can be asserted including a claim of “impossibility.” The defense of impossibility is potentially available in a public health circumstance like the current COVID-19 pandemic. As an example, assume a business has been declared by state […]

Trade secrets are valuable business assets. Trade secret law in the US is relatively uniform. Under most statutes and laws, a trade secret is any information, like a formula, design, data, blueprint or customer list, that is kept confidential and that has commercial value from the fact that the information is not known. The form […]

When a business files for bankruptcy, all of its assets, including any and all intellectual property and licensing rights to IP, become subject to the jurisdiction of the bankruptcy court. In simple terms, all assets go into the bankruptcy “estate” and are subject to the control of the court. The purpose of a bankruptcy is […]