Divorce Downsides and Aftermath

Getting a divorce isn’t easy at all. Whoever, makes the call of cutting off the knot that binds husband and wife, it would still be difficult for both sides. It would be like getting back to step one when you’re already in step 8. It would cause an unbearable pain to kids seeing their family wreck apart. Starting over, living each day and growing up without the head of the family or the mother maybe. Emotional pain which may result in rebellious actions among teenagers.

Getting a divorce is costly most especially if it has to be taken into family court.

Family Law Costs | Entitlement to Costs | Liability to Pay Opposing …

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Thu, 20 Feb 2014 14:26:57 GMT

The issue of costs is one that you should consider before commencing a proceeding infamily court and, that should be discussed with your lawyer at your initial consultation appointment. You realize that lawyers are expensive and, that …

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Stephanie’s Adventures in Singledom: Divorce and Dating | The …

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Tue, 25 Feb 2014 21:42:30 GMT

These days, it’s not uncommon to hear that someone is going through a divorce. In 2010, The median length for a marriage in the US is 11 years with 90% of all divorces being settled out of court. A 2011 study at the University …

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Whoever takes the first move of filing up a divorce, think about it several folds. Don’t just think of your own sake, think of your kids who will suffer most. Think about the promises you made way back on your wedding day. Divorce is not always the solution. Lift up everything. Talk to your wife/husband. Every single problem can be solved in calm and open communication.

Oil & Gas Leases in Michigan

Many oil and gas producers have their land surveyors out looking for properties to seismically survey in Michigan now that hydraulic fracturing, otherwise known as “fracking,” has become a profitable way to extract natural gas and petroleum products from the ground.  Fracking is a process whereby hundreds of thousands of gallons, and sometimes millions of gallons, of water are injected into a well over time to fracture the rock formations underground.  In some cases, this water is aided with a small amount of chemicals to speed up the breakdown process and gather the oil and gas quicker.  This process allows the natural gas and petroleum products to seep out, which is then collected and transported off the property and refined.

Oil and gas was trapped in underground formations in Michigan a long time ago.  It is only now that the oil and gas companies have found that they can make a profit by fracking the wells to remove it.  To get access to the oil and gas under your property, the oil and gas producers hire land surveyors to go out to areas where a rock formation is known to hold oil and gas.  These surveyors ask the owners of the property for permission to survey the formation under the property to determine whether the property has access to a useful formation.  Typically, the survey is a seismic survey, but other surveys are also common.  The land survey company will have the property owner sign a document allowing it access to complete the survey, and generally, the company requests that the property owner also sign an oil and gas lease for the rights to any oil and gas found under the property at the same time.

If you have been approached by a land survey company, or an oil and gas company, for the purpose of surveying your land to determine whether oil or gas formations exist under the property, you should look for an attorney to help you review the documents, including the lease.  Oil and gas leases are enforceable documents, and you do not want to get stuck with a five or ten year contract that does not consider your best interests.  There are many issues that can arise in the use of an oil and gas lease, including the use of water, damages to the property, and payment, just to name a few.  An attorney can help you understand the lease and assist you in understanding your rights and obligations.

For more information or to speak with us about your oil and gas lease, please contact us in Ann Arbor at 734-665-4441, and in Ypsilanti at 734-483-3626.  To learn more about Pear Sperling Eggan & Daniels, P.C., or any of our attorneys, please visit us athttp://www.psedlaw.com.

Insurance! It’s Not Just For Cars

When named as a defendant in a lawsuit, the natural instinct of most people is to panic or despair. Faced with the possibility of having a judgment entered against them and the equally daunting prospect of dealing with the legal system and having to pay for an attorney even if they win, most people understandably worry about what will happen to them, their family, and their overall well-being. Even a relatively minor civil lawsuit can cost thousands of dollars to defend before a judgment or settlement is even reached. This can be debilitating to many individuals and families, especially with the economy in a continued slump. What many people do not realize is that in many instances, they may already have the means to protect themselves.

Many homeowner’s insurance and renter’s insurance policies have a general liability provision that can provide liability coverage in the event of a personal injury or general tort claim. These policies cover legal costs and liabilities up to a certain level. The coverage will often apply to any tort claim filed against the policy holder, though each policy will have different limitations and exclusions of coverage. If the insurance carrier agrees to provide coverage it can mean the difference between financial stability and financial ruin, saving the insured thousands of dollars.

One of the questions we ask every client who comes to usin these types of situations is whether they have filed a claim with their insurance carrier yet. Often people are not even aware that they may be covered; they simply assume that because their home was not damaged, or because an injury might not have occurred at their home, they are not covered. This is not always the case. At worst, the insurance carrier will review the matter and deny coverage. While that is never the answer you want to hear, it leaves you in no worse position than you were before the claim was submitted. In short, any downside to submitting a claim is minimal, while the potential benefits are considerable. For that reason alone, always remember to check with your insurance carrier if you are sued; the answer may save your family’s financial future.

For more information or to speak with us, please contact us in Ann Arbor at 734-665-4441, or in Ypsilanti at 734-483-3626.  To learn more about Pear Sperling Eggan & Daniels, P.C., or any of our attorneys, please visit us at http://www.psedlaw.com.

Proof of Motivation Is Now Unnecessary in Michigan Whistleblower Cases

Under the Michigan Whistleblower’s Protection Act (“WPA”), an employer is subject to civil liability and penalties for discharging, threatening or otherwise discriminating against an employee because the employee reports or is about to report, a violation or suspected violation of a law, regulation or rule to a public body, unless the employee knows that the report is false, or because an employee is requested by a public body to participate in an investigation. This means, a plaintiff in a WPA case is required to prove (1) he or she was engaged in a protected activity as provided under the act, (2) he or she suffered an adverse employment action, and (3) there is a causal connection between the protected activity and the adverse employment action.

While it has been long recognized by the Michigan courts that these are the three prongs required for a successful WPA case, there have been some Michigan casesin the past providing that a plaintiff is also required to prove that he or she engaged in that protected activity primarily for an altruistic purpose: to inform the public on matters of public concern, rather than for any personal vendetta.  Recently, the Michigan Supreme Court issued an opinion clarifying that a plaintiff need not prove that his or her primary motivation was for the public good.  Thus, it no longer matters why the plaintiff intended to blow the whistle, and whether it was for a good or bad reason.  This allows more plaintiffs to prove their case without having to defend their intentions.  This also allows more businesses to be subject to potential whistleblower cases.

The WPA has a very short statute of limitations.  If you have been subject to an adverse employment action, or your business has been accused of participating in an adverse employment action, due to a whistleblowing activity, you should seek the advice of legal counsel as soon as you can.

For more information or to speak with us about your whistleblower issue, please contact us in Ann Arbor at 734-665-4441, or in Ypsilanti at 734-483-3626.  To learn more about Pear Sperling Eggan & Daniels, P.C., or any of our attorneys, please visit us at www.psedlaw.com.

Common Landlord-Tenant Disputes Part 1: The Security Deposit

As attorneys who frequently handle disputes arising out of residential leases, the following are the three topics we are asked about most frequently by landlords and tenants:

• Security deposit issues;
• Late fees;
• Repairs that the landlord must make.

Each of these issues will be covered in two separate blog posts, starting with the security deposit.

The Landlord and Tenant Relationships Act governs residential leases and tenancies in Michigan. Sections 2 through 14 of the Act are commonly referred to as the “Security Deposit Statute.” Generally, a security deposit can only be used for damages that result from conduct not reasonably expected during a tenancy, or for unpaid rent.

Two key provisions of the “Security Deposit Statute” are Section 9 and Section 13.  Section 9 requires a landlord to send an itemized list of damages to a tenant within 30 days of the termination of tenancy, which must include specific statutory language informing the tenant that they must respond to the notice within 7 days, otherwise the tenant will forfeit the amount of claimed damages. Failure by a landlord to send an itemized list of damages, with the proper notice, waives any claim by the landlord for the cost of repairs, and the landlord will have to return the security deposit in full.

However, according to Section 13 of the “Security Deposit Statute,” within 45 days after a tenant vacates a property, a landlord is able to file an action for money damages, which could include damage to a rental property. That being said, a landlord cannot retain any of the security deposit unless one of the following requirements is met:

• Landlord has obtained a money judgment for the disputed amount;
• Tenant has failed to provide the landlord with a forwarding address;
• Tenant failed to respond to landlord’s notice of damages within 7 days as required by Section 9;
• The Parties have agreed in writing to the disposition of the balance of the security deposit; or,
• The amount claimed is based on unpaid rent.

If a landlord fails to fully comply with Section 13 of the “Security Deposit Statute,” illegally withholding a portion of a security deposit, the court will view it as a waiver of all claimed damages and the court could require a landlord pay the tenant double the security deposit amount. Needless to say, this is an important law for all tenants and landlords to understand.

The attorneys at Pear Sperling Eggan & Daniels, P.C. are experienced in handling disputes arising out residential and commercial leases. PSED Law represents both landlords and tenants. If you have questions about your rights under a lease agreement please call PSED Law at our Ypsilanti office at 734-483-3626, or our Ann Arbor location at 734-665-4441.

Social Media and Trademarks: Understanding Your Rights in a Digital Age

The popularity of various social media applications, such as Facebook and Twitter, has grown at a rate that far exceeds the ability of courts and the legislature to keep up with regulations and their interpretation.  A user on any one of these applications is able to post a comment, a picture, a link or logo within seconds of its creation, becoming a potential advertiser for their own company or for another business entity.  At the same time, such a posting may open the user up to liability for trademark infringement, misuse or other causes of action.

Of particular importance at this intersection of social advertising and trademark law is the rights of individuals or small businesses with common law trademarks.  In the U.S., trademark rights are created by use, not by an official registration.  Any trademarkis a name, slogan, logo or any other indicator that a particular source provides a specific good or service.  A common law trademark is one that is used and continues to be used in commerce without ever filing for official registration.  Determining who has the legal right to use the mark is a question of priority.  Without registration, the trademark owner may be able to enforce the mark against anyone using the same or a confusingly similar mark in connection with the same goods or services in the territory in which the mark is used.

Many small businesses have developed common law trademark rights through names or logos and have not had the mark registered, most often because they do not qualify for federal registration.  With the growth of social media as a marketing tool, these businesses create Facebook pages and Twitter accounts, displaying those names and logos.  Increasingly, these local businesses are being forced to abandon those marks or risk losing their social media accounts because a larger, national business has threatened them with legal action, even if the national business was not using the mark first.

A federal registration will help any business create solid, enforceable trademark rights.  However, a federal registration does not always allow the owner to terminate the earlier use of a common law trademark.  Facebook, Twitter and other social media applications are world-wide and cannot limit access to certain geographic territories because of federal or common law trademark rights.  If you have had your Facebook page or Twitter account removed because of an alleged trademark violation, you may be able to have your page restored.  Although courts are just starting to hear these cases, there are decisions and legal precedents that may support you if you have encountered these circumstances.

The combination of national advertising, social media platforms and traditional trademark principles create technical and very complex legal issues.  Knowing your rights in this area is critical to your established goodwill and your continued business success.

For more information or to speak with us about your legal issue, please contact us in Ann Arbor at 734-665-4441, and in Ypsilanti at 734-483-3626.  To learn more about Pear Sperling Eggan & Daniels, P.C., or any of our attorneys, please visit us at www.psedlaw.com.

Good News for Business Clients: Business Courts are Finally Here!

On July 1, 2013, seventeen Michigan counties will begin accepting filings in their Business Court divisions.  Late last year, the Michigan Legislature passed a law requiring any Michigan circuit court with three or more judges to begin a docket for a business court to deal with business or commercial disputes.  These cases will include any dispute involving a business enterprise.  A business enterprise is defined by the law as any of the following:  a sole proprietorship, partnership, limited partnership, joint venture, limited liability company, limited liability partnership, for-profit or not-for-profit corporation or professional corporation, business trust, real estate investment trust, or any other entity in which a business may lawfully be conducted in the jurisdiction in which the business is being conducted.  However, business enterprise does not include an ecclesiastical or religious organization.   However, certain claims involving other nonprofit organizations can be heard in the business court if they meet the requirements.

Business or commercial disputes include, but are not limited to, the following types of actions:

(a) Those involving information technology, software, or website development, maintenance, or hosting.

(b) Those involving the internal organization of business entities and the rights or obligations of shareholders, partners, members, owners, officers, directors, or managers.

(c) Those arising out of contractual agreements or other business dealings, including licensing, trade secret, intellectual property, antitrust, securities, non-compete, non-solicitation, and confidentiality agreements if all available administrative remedies are completely exhausted.

(d) Those arising out of commercial transactions, including commercial bank transactions.

(e) Those arising out of business or commercial insurance policies.

(f) Those involving commercial real property.

However, disputes involving employee terminations and civil rights cases in those contexts, as well as workers compensation are generally exempted from the business court’s jurisdiction, with limited exception.

The seventeen counties subject to the law and the July 1, 2013, deadline are: Wayne, Washtenaw, St. Clair, Oakland, Monroe, Macomb, Genesee, Jackson, Kalamazoo, Muskegon, Kent, Ottawa, Ingham, Calhoun, Berrien, Saginaw and Bay.  Other counties are free to add a business court if they choose.

For more information or to speak with us about your business law issue, please contact us in Ann Arbor at 734-665-4441, and in Ypsilanti at 734-483-3626.  To learn more about Pear Sperling Eggan & Daniels, P.C., or any of our attorneys, please visit us at www.psedlaw.com.