Business Law

• Using Your Best Judgment: Does the Business-Judgment Rule Protect Me From a Shareholder Oppression Claim?

  February 24, 2021

  Those in charge of running a business have countless decisions to make every day.  Those decisions are generally protected under Michigan law by the so-called “business-judgment rule.”  But as numerous recent decisions make clear, the business-judgment rule is not an absolute defense to claims of oppression by minority shareholders, and the business decisions of the […]

• Michigan Department of Health and Human Services Issues Additional Guidance on Remote Work

  November 10, 2020

  Michigan Department of Health and Human Services (MDHHS) issued new guidance on Friday, November 6, 2020, which follows MDHHS’s Emergency Order (updated on October 30th) and Michigan Occupational Safety and Health Administration (MIOSHA)’s October 14th Emergency Rules (“Rules”). In particular, the new guidance specifically states that employers should allow their employees to work from home […]

• Privacy and Cybersecurity Issues Relating to Remote Work

  October 29, 2020

  COVID-19 has brought concerns about remote work into sharp relief and has forced employers to confront myriad challenges relating to privacy and cybersecurity. As businesses scrambled to find new ways to communicate and to safeguard data, cybercriminals wasted no time trying to take advantage of the pandemic. As soon as most states began requiring non-essential […]

• REMOTE WORK: LIBERATING OR A STEP INTO A BOTTOMLESS PIT?

  October 29, 2020

  The pandemic has forced employers and employees into work situations they never imagined with the widespread use of remote work as a means of continuing business operations in the face of Executive Orders precluding the performance of on-site work. Many employees relished the thought of escaping the ever-watchful eyes of supervisors and even co-workers and […]

• Michigan Occupational Safety and Health Administration Issues Emergency Rules

  October 15, 2020

  On October 14, 2020, the Michigan Occupational Safety and Health Administration (MIOSHA) issued a new set of emergency rules (“Rules”) establishing requirements for employers to control, prevent, and mitigate the spread of COVID-19. These Rules took immediate effect and remain in effect for six (6) months. The Rules establish several significant limitations on businesses and […]

• Michigan Department of Health and Human Services Issues New Order

  October 12, 2020

  On October 9, 2020, the Michigan Department of Health and Human Services (MDHHS) issued a new order implementing a number of statewide mandates in response to COVID-19. The order took immediate effect and remains in effect until October 30, 2020. The order establishes a number of limitations on how many people may attend a gathering, […]

• What Businesses Need to Know About Michigan’s Mask Mandate

  July 16, 2020

  As positive cases of COVID-19 rise, Gov. Gretchen Whitmer expanded the previous recommendation-only directive for use of a face mask to a mandate. Now, businesses open to the public must refuse entry or service to those not wearing a mask. The order also requires that masks be worn in crowded outdoor spaces, and individuals are […]

• Potential Pitfalls of Derivative Claims

  June 22, 2020

  Many owners believe that if those in control of the company are taking advantage of them or the company (for example, using company funds for personal expenses) that they can simply file suit.  Unfortunately, it’s not that easy.  In order for an owner to bring such a claim, they first need to identify whether or […]

• Enter the Rainbow: Supreme Court Rules That Title VII Protects LGBTQ Workers

  June 16, 2020

  Monday, the Supreme Court in the case of Bostock v Clayton County Georgia put a spotlight on the rainbow that symbolizes the LGBTQ community by ruling that Title VII of the Civil Rights Act covers sexual orientation and gender identity. This puts an end to a deep split amongst the Federal Courts regarding the issue […]

• Congress Passes Paycheck Protection Program Flexibility Act: Key Changes to PPP Program

  June 4, 2020

  The U.S. House of Representatives and U.S. Senate have passed H.R. 7010, the Paycheck Protection Program Flexibility Act of 2020, which modifies the Paycheck Protection Program implemented as part of the CARES Act. H.R. 7010’s Key Changes to the Paycheck Protection Program Extending the “Covered Period” definition of the program from June 30, 2020, to […]