At the recent Securities Exchange Commission and Department of Justice Enforcement and Litigation Update Conference, speakers included the Director of the SEC Regional Office, Chicago, The Chief of the White Collar Unit of the US Attorney’s Office, Detroit, the Detroit Supervisory Special Agent of the FBI, as well as in-house counsel for local businesses. Much of the discussion was about the rise of cyber crime. The FBI agent said “There […]

On May 22, 2014, the Michigan House of Representatives passed House Bill 5273, Michigan Investment Markets (MIM). This Bill amends the Michigan Uniform Securities Act to provide for the creation and regulation of intrastate security markets or exchanges. It is designed to complement the Michigan Invests Locally Exemption (MILE), recently signed into law by Governor Snyder, which permits investment crowdfunding for small businesses. The Bill is currently pending before the […]

On December 30, 2013, Governor Snyder signed into law Public Act 264, Michigan Invests Locally Exemption (MILE), which permits crowdfunding for small business. It is an intrastate exemption from the State of Michigan and Federal securities laws, whereby Michigan residents can invest in Michigan businesses. Crowdfunding refers to funding a company by selling a small amount of equity to a large number of investors. Michigan is one of the first […]

In what has been called a big victory for borrowers of commercial loans, the Michigan Court of Appeals has upheld the Michigan legislature’s recent passage of the Non-Recourse Mortgage Loan Act (NMLA). In the case of Wells Fargo Bank v Cherryland Mall Ltd Ptnsp, the Court addressed the issue of whether developer David Schostak is personally liable for a guarantee on an original $8.7 million non-recourse loan obtained for the purpose of renovations […]

Changes were recently made to the Michigan Statute governing recovery of damages for theft. The Conversion Statute now allows a person to get three times the amount of actual damages sustained from a person who stole or embezzled property for their own use. To support a claim, the defendant must have obtained the property without the owners consent and must have an obligation to return the property to the rightful […]

If a judgment becomes final, several considerations come into play in deciding how vigorously to pursue collection efforts. First and foremost is the collectibility of the judgment debtor. If the judgment debtor appears to be collectible, one must consider the difficulty of reaching the debtor’s assets. For example, an individual judgment debtor may live in fine style, giving the appearance of collectibility, but his Lincoln may be leased and his […]