Employee Handbooks Are Subject to NLRB Review

A recent decision involving local employer Quicken Loans highlights an ongoing push by the National Labor Relations Board (NLRB) to review Employee Handbooks for overly broad rules which might violate labor laws.  In this case, an Administrative Judge struck down a variety of rules which it deemed overly broad and in violation of employees’ rights …

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Identifying the Prevailing Party in Contract Litigation

Many commercial contracts expressly provide that the prevailing party will be entitled to its litigation costs and attorneys’ fees in any court dispute concerning the contract.  These contracts rarely define what it means to be the “prevailing party.”  That is usually left to the parties to dispute and for the courts to decide. Michigan case …

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Michigan’s New Fiduciary Access to Digital Assets Act

For some time, estate planners have been aware of the need to provide for access to a decedent’s digital assets.  Michigan recently enacted the Fiduciary Access to Digital Assets Act (the “Act”), which offers legal tools for passing digital assets to one’ estate, and guiding fiduciaries who must administer their decedent’s estate. Digital assets can …

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Undue Influence: The Formidable Burden of Proof

A recent Michigan Court of Appeals decision illustrates once again just how difficult it can be to prove a case of undue influence. In the case of In re Peace Estate, the daughters of the deceased (Jeannette) contested their mother’s will because they were cut out of her will.  They were opposed by Jeannette’s brother …

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