Oakland County Law Blog

Business formation types that limit personal liability

On behalf of Schwartz Law Firm on Tuesday, September 18, 2018.

When you legally establish your own small business, the type of business structure you ultimately choose will affect everything from how you govern your company to how you file your taxes. In other words, it is an important, impactful decision, and the more you understand about the process and the different business formation types that exist, the better your chances at selecting the best option for your unique needs.

Regardless of the type of company you are looking to establish, you will find that there are certain areas that potentially expose you to liability. For example, if you operate, say, a taxi company, you face obvious liabilities relating to transportation; while if you operate, say, a cookie company, you run the risk of someone suing you if they get seriously sick after consuming your product. In other words, all businesses have their own risks, but there are two types of business structures that can help protect you in the event that someone sues or files a judgment against you.

What every employee should know about mandatory overtime

On behalf of Schwartz Law Firm on Wednesday, September 12, 2018.

Working overtime can be bittersweet. On one hand, the extra money can be nice, but on the other hand, you probably want to go home and do other things with your time. Sometimes you do not have a choice, though, and your employer tells you that you have to work over 40 hours that week. You may be wondering about the legality of this situation, and rightfully so. There are a few things you should know.

The following are three important considerations to remember when your employer is telling you that you have to work overtime. If you suspect that your employer is acting in violation of state or federal employment laws, you should document the situation and seek recourse.

How to handle a wage dispute with a boss first

On behalf of Schwartz Law Firm on Friday, August 17, 2018.

Wage disputes are sadly quite common. One report from the Economic Policy Institute found that employers around the United States steal billions from their employees' paychecks each year.

When employees end up in the middle of a wage dispute, they have many options that they can pursue. While they can certainly retain the services of an employment law attorney, it may work out to bring up the issue with the boss first. Payroll errors happen all the time, and if you lost overtime pay or another form of compensation, then you should first bring it to the attention of your employer.

What is the most common clause in a prenuptial?

On behalf of Schwartz Law Firm on Tuesday, July 31, 2018.

If you are getting married soon, a prenuptial agreement may be on your mind. Perhaps you have independently owned assets you do not want to put at risk, this would be your second marriage or you own a business. Virtually any reason you want for having a prenuptial is valid.

It is normal, though, to be unsure where to start. So, it helps to know the most common clause that tends to be in prenuptial agreements.

3 things you should know about the Hague Convention

On behalf of Schwartz Law Firm on Saturday, July 21, 2018.

When parents are going through a divorce and enduring a custody battle that has become contentious, they may be feeling desperate to keep their children with them at any cost. Some parents feel it is urgent that their ex not get custody, regardless of what is right for the child, and this urgency may motivate them to act illegally. In extreme cases, parents may even kidnap their own children in order to prevent the other parent from gaining custody.

The Hague Convention was established in order to address such situations. Passed in 1980, it is a treaty that created the protocol for returning children whose parents abduct them and flee to another country. There are a few things parents should know if they are in this situation or in the midst of a custody dispute.

Different approaches to resolving shareholder disputes

On behalf of Schwartz Law Firm on Thursday, June 21, 2018.

No business is immune from shareholder disputes. Take the recent case of Royal Dutch Shell, which recently had to contend with a dispute involving shareholders feeling concerned about how the majority shareholder conducted matters with the Blackpool Football Club.

For the sake of the company, it is critical to find a resolution quickly and amicably. One such option available to business owners is litigation. For some cases, it may be the strongest yet most civil way to reach a resolution, and attorneys have the necessary qualifications to resolve a litany of disputes ranging from shareholder underperformance claims to breach of fiduciary duty claims. Many business owners worry about bringing litigation into the mix, especially if they know they will still have to work with these shareholders. There are other options available, and you should review all of them in detail to understand what would work best for your business.

Estate planning after divorce

On behalf of Schwartz Law Firm on Tuesday, June 19, 2018.

All your attention during a divorce will likely be on the proceedings. However, once everything is final, you should then turn your attention to updating important estate planning documents. After all, you want to make sure your ex does not receive all your money and property should you pass away.

You no longer have certain obligations to your ex after legally separating. For starters, you will want to update your will, and in some circumstances, it will be better to simply create a new will from scratch. Here are other steps to take during this time:

Examining the Enforceability of Non-Compete Agreements

On behalf of Schwartz Law Firm posted in Employment Law on Tuesday, June 19, 2018.

We've all been there. You've gone through the interview process and been extended an offer of employment. You go through a stack of paperwork with the HR representative, signing your signature on or placing your initials on page after page.

One of those pages in the stack was likely a non-compete agreement. It's understandable that you didn't give it much thought at the time. After all, why would you be thinking about your exit in the midst of your excitement over a new career opportunity?

Do I need a lawyer to set up my business in Farmington Hills?

On behalf of Schwartz Law Firm on Wednesday, May 23, 2018.

If you are planning to set up a small or medium-sized business in the Farmington Hills area, you likely have many different issues you are facing simultaneously. Business formation is a complex process and requires countless decisions, both big and small, for the process to go smoothly.

Forming a business or corporation is an incredibly important step. It is essential that you have a trusted legal advisor to assist you in business formation. There are several advantages to hiring a business attorney to help you handle not only the formation of your business but also advise you throughout the life of your company.

Can you divorce for asset-protection reasons in Michigan?

On behalf of Schwartz Law Firm on Wednesday, May 9, 2018.

Many divorces occur because the parties grew apart or committed acts that were hard to move past. Financial issues, too, drive many divorces. However, what if you want to remain married, but it may make sense for financial reasons to get divorced? For example, what if one spouse has a high chance of losing assets such as the house, cars and money due to a personal injury lawsuit or another type of lawsuit such as one for malpractice? By getting divorced ahead of any legal actions, the both of you would, in theory, have the peace of mind that at least half of your estate is secure. So, is divorce a realistic asset-protection strategy?

Michigan is a "no-fault" state, which means you do not have to provide a reason to divorce. As long as at least one party wants a divorce, the court will likely grant it. That said, there may be avenues to explore that prove less risky than divorce. Here is a look at why divorce for asset-protection reasons can be dangerous.