Lease Guaranties, Security Interests & Letters of Credit:
Lease Guaranties, Security Interests & Letters of Credit: How Good Are They To The Landlord?* *This material were presented by Stephon B. Bagne as a roundtable leader at the 2011 International Council of Shopping Centers’ Michigan Idea Exchange. Lease Guaranties Personal guaranties are the ...
Your retail tenant has filed for bankruptcy – now what?
Your Retail Tenant Has Filed for Bankruptcy – Now What?
Regulations For ADA Amendments Act Take Effect in May 2011
On January 1, 2009, the federal ADA Amendments Act (“ADAAA”) took effect, which greatly expanded the meaning and interpretation of “disability” under the Americans with Disabilities Act (“ADA”). In 2009, the Equal Employment Opportunity Commission (“EEOC”) issued proposed regulations for the ADAAA. After receiving voluminous ...
Not-So-High Times in Michigan
Not-So-High Times
Reasonableness and Good Faith? It Is Not The Law
Reasonableness and Good Faith – It Is Not The Law From Beale Group - Volume 5, 2010
New Federal Law Requires Employers to Provide Breaks to Nursing Employees
As part of Congress’ overhaul of the health care system, the federal Fair Labor Standards Act was recently amended to require employers to accommodate nursing women in the workplace. This law, which took immediate effect, requires employers to provide nursing employees with “reasonable” break times ...
EEOC Seeks to Clarify Employer Defense to Age Discrimination Claims
The federal Age Discrimination in Employment Act (“ADEA”) applies to employers with 20 or more employees and prohibits age discrimination against applicants and employees who are 40 years of age or older. In 2005, U.S. Supreme Court held in Smith v. City of Jackson, 544 ...
Michigan and Delaware Limited Liability Company Acts – A Comparison
Limited Liability Article (PDF)
Unique Issues Relating to Case Evaluation in Formal Condemnation Cases
In some respects, formal condemnation cases are different than other types of cases due to a modification of the traditional American Rule relating to the burden of litigation expenses including attorney fees. The Uniform Condemnation Procedures Act (“UCPA”) requires condemning authorities to reimburse litigation expenses ...
The Use of Mediation For Resolving Salary Disputes In Sports
I. INTRODUCTION A. History of Alternative Dispute Resolution in Sports Alternative dispute resolution, specifically arbitration, has been inextricably connected with professional sports in recent years. In fact, the arbitration terms “baseball” and “night baseball” are used to describe common types of arbitration which were originally ...
The DestiNY USA Litigation: Government’s Right to Extinguish Contract Terms Through Eminent Domain, Potentially Without Just Compensation
Introduction A condemnation case winding its way through the New York courts pits a local development authority acting in concert with a shopping center developer in a battle against several major retail tenants. The local development authority owns a shopping center location in fee simple ...
Technical Requirements Governing Real Estate Appraisers
Eras of financial turmoil including the Great Depression and the Savings and Loan scandals of the 1980s have caused real estate appraisal to evolve from an vocation lacking in ethical rules, mandatory reporting guidelines and information disclosure requirements to a profession controlled by both legal ...
Evaluating The Highest And Best Use Of Real Estate In Condemnation Cases
The sole issue in the vast majority of condemnation cases involves the determination of the appropriate amount of just compensation the condemning authority must pay the property owner. As such, eminent domain matters usually become contests between two expert real estate appraisers. Before an appraiser ...
Michigan Court of Appeals Clarifies Written Notice Requirement For Disability Accommodation
Michigan Court of Appeals Clarifies Written Notice Requirement For Disability Accommodation In an issue of first impression, the Michigan Court of Appeals has clarified what information an employee is required to provide to an employer when requesting an accommodation under the Michigan Persons With Disabilities ...
Notice Of Employers FMLA Leave Calculation Method Must Be Provided To Employees
Deciding an issue of first impression in Michigan, the U.S. District Court for the Western District of Michigan has held that an employer is obligated to notify its employees of the method it uses to calculate the amount of leave available under the Family and ...
Revised Court Rules Impact Companies’ Electronic Information
On December 1, 2006, the rules that govern lawsuits filed in the United States district courts were revised to address issues relating to the discovery of e-mails, text messages and other electronically stored information. The revisions bring the federal court rules into the 21st century ...
An Electoral Uprising Dramatically Increases Property Owner Rights in Condemnation Cases.
Introduction Prussian statesman Otto von Bismarck’s famous quotation is that “laws are like sausages. It’s better not to see them being made.” Perhaps the same could be said of large scale economic developments that require the use of eminent domain to dispossess residents. When the ...
Controversial Regulations Regarding No-Match Letters Put On Hold
Controversial regulations recently issued by the Department of Homeland Security (“DHS”) concerning social security number “no-match” letters have been put on hold by a federal court concerned about their impact on employers and employees. In August 2007, the DHS issued the regulations, which were originally ...
Family and Medical Leave Act Expanded to Protect Military Families
The Family and Medical Leave Act (“FMLA”) was recently expanded to include leave for employees who have family members in the military. In this regard, the FMLA now allows an eligible employee who is a spouse, son, daughter, parent or next of kin to a ...
New Federal Law Protects Employees’ Genetic Information
On May 21, 2008, President Bush signed the Genetic Information Nondiscrimination Act of 2008 (“GINA”). In the employment context, GINA imposes restrictions on employers with respect to collecting, using and disclosing employees’ “genetic information.” GINA defines “genetic information” as “with respect to any individual, information ...