Detroit Insurance Defense, Business and Commercial Law Blog
On behalf of Blake, Kirchner, Symonds, Larson, Kennedy & Smith, P.C. posted in Business Litigation on Wednesday, May 16, 2012
Intellectual property has always been a very complicated issue, but no more so than in recent years when the Internet became not simply a luxury but a necessary tool in day-to-day life. For many Michigan residents, Google is a common household word that has even made its way into everyday speech as a verb. Google, however, has recently been under fire from Oracle Corp., which claims that Google improperly used some of its intellectual property in order to build its empire.
Oracle, which designed the Java programming language that is behind Google's large network, claims that Google's use of the programming language infringed its copyright and violated fair use practices. Fair use is a concept used in intellectual property law, which states that people who use copyrighted material for particular purposes, such as news reporting or teaching do not have to obtain consent from its original owner to use it.
On behalf of Blake, Kirchner, Symonds, Larson, Kennedy & Smith, P.C. posted in Condominiums & Cooperatives on Wednesday, May 9, 2012
It's no secret that in Michigan, the shorefront is a coveted spot to develop a condominium. After all, there is something refreshing about being outdoors with a calming sound of the lapping of water in the background. With that said, those involved in condominium development would do well to note that there can be shoreline development restrictions involved as they plan out their natural paradise.
The main reason for these shoreline development restrictions is to make sure the water quality and shoreline habitat remain protected. While some owners may be tempted to put lawns to the shore, these lawns can often cause shorelines to erode. Furthermore, the nutrients from the fertilizer may leak down to the water and prompt excess algae growth.
On behalf of Blake, Kirchner, Symonds, Larson, Kennedy & Smith, P.C. posted in Business Litigation on Tuesday, May 1, 2012
Even though the national economy has begun to show some signs of renewed life and appears to be recovering, many businesses not only in Michigan but across the country continue to suffer financial distress. For many of these companies, bankruptcy may offer an opportunity to get ahead of their obligations and set them on a firm financial footing. However, even as they do so, many unexpected challenges may present themselves from a business law perspective. In order to avoid such developments, it is important to plan ahead.
For example, a solar power company that has two-thirds of its workforce based in Michigan is experiencing such a difficulty at the moment. The publicly owned company filed for Chapter 11 in February, causing its stock price to plummet and for NASDAQ to delist it. Subsequently, a shareholder filed suit.
On behalf of Blake, Kirchner, Symonds, Larson, Kennedy & Smith, P.C. posted in Employment Litigation on Wednesday, April 25, 2012
Under Michigan's Whistleblowers' Protection Act, an employee who brings forth information to a public body about alleged misdeeds of his or her employer is protected from retribution. Recently, this law came up in the case of one man who was let go by his employer, SET Environmental. In that employment litigation case, he was an oil spill cleanup worker for the company, and he shared information about alleged illegal methods used to clean up an oil spill from a pipeline in 2010.
After that information became public, SET fired the man. He is now suing the company, claiming that it violated the Michigan Whistleblowers' Protection Act. However, it is not clear that the act is applicable here.
On behalf of Blake, Kirchner, Symonds, Larson, Kennedy & Smith, P.C. posted in Commercial Real Estate on Wednesday, April 18, 2012
Back in February 2010, financial analysts gave grave warnings about Michigan and nationwide businesses and their commercial real estate holdings. They predicted a marked wave of commercial real estate mortgage defaults that could set off a further financial crisis that might negatively impact the country as a whole. However, if there has been a crash, there has been a timid crash. Moreover, any downturn that has been reported appears to have been mitigated by a jump in renting, which is a well-performing sector for the commercial markets.
Businesses outside of Wall Street and Detroit have received little attention in the media. Some commercial real estate markets have seen a precipitous rise in foreclosures. One state's court records show a marked rise in commercial business foreclosure rates since 2006. The rise in proceedings was attributable to the souring economy in general, causing the commercial real estate market to stumble.
On behalf of Blake, Kirchner, Symonds, Larson, Kennedy & Smith, P.C. posted in Employment Litigation on Wednesday, April 11, 2012
Lately, many Michigan residents may have heard of the recent disagreement that arose between TV personality Keith Olbermann and his former employer, Current TV. The two parted ways recently, and both parties are now alleging a breach of contract by the other. However, the high-profile dispute may hold lessons for business owners about dealing with employment contracts.
In this case, Current let Olbermann go in late March, saying that he had missed too many work days in January and February. The TV network also claimed that he did not represent the values of the company. However, Olbermann is now suing Current for breach of contract, sabotage and disparagement. He is seeking tens of millions of dollars that he believes the network owes him in compensation.
On behalf of Blake, Kirchner, Symonds, Larson, Kennedy & Smith, P.C. posted in Commercial Real Estate on Thursday, April 5, 2012
The downtown and Midtown areas of Detroit are undergoing significant redevelopment as of late. New firms are moving into the area's commercial real estate market, and rental apartment buildings are at capacity. Yet even as some sectors enjoy healthy demand, others are struggling.
On the bright side, the founder of Quicken recently bought multiple downtown buildings, and the company has been moving many of its employees into the area. Moreover, Blue Cross of Michigan is also moving downtown. That has led to increased demand for office space. Yet on the other hand, vacancy rates remain high.
On behalf of Blake, Kirchner, Symonds, Larson, Kennedy & Smith, P.C. posted in Business Litigation on Thursday, March 29, 2012
In a case that may prove to be of interest to many readers in Michigan, Yahoo, the company responsible for the Internet search engine, has recently filed a lawsuit against Facebook. The lawsuit pertains to alleged infringement of Yahoo's intellectual property. Yahoo claims that Facebook is specifically infringing on 10 patents owned by the search engine company.
The patents cover many items that may be familiar to any user of Facebook. For example, one of the patents covers privacy controls. Specifically, Yahoo is claiming that Facebook copied tools that allow users to customize their account settings. At the same time, the patents also cover advertising as well as social networking, which is at the core of the Facebook user experience.
On behalf of Blake, Kirchner, Symonds, Larson, Kennedy & Smith, P.C. posted in Business Litigation on Tuesday, March 20, 2012
Michigan residents may be interested to know that Ford is currently facing a lawsuit over allegedly selling a defective product. The lawsuit concerns the sale of trucks, which the plaintiffs in the lawsuit claim were sold with defective fuel tanks with Ford's knowledge. The suit covers many aspects of business law, including fraud and breach of warranty.
Filed on March 14, the suit claims specifically that the linings of fuel tanks on 10 E- and F- series truck models were defective in models made from 1999 to 2008. It further claims that Ford knew of the defect, and even sent a purported "secret" notice to dealers explaining the issue. The plaintiffs are seeking class-action status.
On behalf of Blake, Kirchner, Symonds, Larson, Kennedy & Smith, P.C. posted in Employment Litigation on Thursday, March 15, 2012
Michigan fans of Paula Deen may be interested in a lawsuit recently filed by the former general manager of one of her restaurants. The lawsuit claims that the restaurant had a hostile work environment and that the woman who is filing the suit was subjected to sexual harassment. The employment litigation suit covers the period of between February 2005, when the woman was hired at the restaurant, to August 2010, when she left after an alleged sexual harassment incident.
The restaurant in question is owned and operated not only by Paula Deen but also by her brother Bubba Hiers. The woman who is filing the lawsuit was promoted to general manager in 2005 just months after she was hired. However, she is now claiming that Hiers routinely sexually harassed her throughout her five years at the restaurant.
