Force Majeure Clauses in Commercial Leases in the Age of the Covid-19 Pandemic

The Coronavirus Pandemic has unfavorably affected many Michigan businesses over the past several months. The loss of revenue associated with shuttering a business during this ongoing global epidemic is placing a strain on some commercial tenants’ ability to meet payment obligations under the terms of existing commercial leases. As a result, force majeure clauses contained in commercial lease contracts have increasingly come into play these days. The term “force majeure” […]

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Collection of Accrued Interest Not Allowed in the Absence of a Written Contract Provision

A common query posed to collection attorneys by their small business clients is whether, upon the default of a standard contract agreement, the client will receive the “benefit of the bargain” and be made whole as part of the collection process. Many business agreements have not been drafted in a comprehensive manner, nor with the aid of competent legal counsel. As a result, an often-raised question is whether accrued interest […]

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The Use of Lady Bird Deeds to Convey Life Estate Interests in Land

One of the most common requests from clients to probate practitioners is when an individual, upon their passing, wishes to transfer ownership in real property outside of probate proceedings while preserving present control and use of the land.  The utilization of certain deeds as an estate-planning tool to accomplish that goal – affectionately known as “Lady Bird” deeds – is available only in a few states, including Michigan.  This type […]

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USPTO Unveils IP Platform to Connect Innovators of New Products and Technologies for the Prevention, Treatment, and Diagnosis of COVID-19 with Potential Licensees

The United States Patent and Trademark Office (USPTO) recently unveiled a web-based intellectual property (IP) marketplace platform to provide the public with a searchable source of patents and published patent applications related to the COVID-19 pandemic that are available for licensing. The new platform, Patents 4 Partnerships, will help facilitate the licensing and commercialization of innovations in key areas of technologies and disseminate valuable patent information. The platform could assist […]

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Reopening of the Workplace: Issues that May Arise and Helpful Tips

As business owners get closer to reopening their doors, it is time to start planning for and anticipating the problems that may arise with our workforce. The following are issues that may arise, along with some helpful tips. Workplace Conditions Governor Whitmer will advise of the required conditions of the workplace such as the wearing of masks, use of partitions, cleaning of areas, use of social distancing, etc. If your […]

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Michigan Governor Encouraging the Use of Electronic Signatures, Remote Notarization and Witnessing during the Covid-19 Pandemic

Governor Whitmer’s latest Executive Order in effect through May 6, 2020 allows any notarial act required under Michigan Law to be done using two-way video technology.  As a result, a financial institution, title insurer, or a register of deeds is prohibited from denying a copy of an electronic record if a notary certifies it under the terms of the Order. (The only exception will be if state law specifically requires […]

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SBA Provides Loan Application Forms for Paycheck Protection Program

The stimulus bill signed into law by the President recently has set aside substantial funds to aid small businesses under a new loan program that is now in effect. If small businesses maintain payroll during this economic crisis, all or part of the money borrowed through the newly created Paycheck Protection Program can be forgiven. The goal is to help small business owners and their employees ride out this economic […]

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Loan Forgiveness Program under the CARES Act and The Paycheck Protection Program

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was enacted on March 27, 2020. The CARES Act contains many sections and provisions applicable to numerous individual and business situations. For small business owners, the most helpful provision may be the new loan program called the Paycheck Protection Program (PPP).  This program is developed to assist small business owners to retain their employees and recall employees who have been […]

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COVID-19: Business and Legal Issues to Consider

Businesses are facing a diverse set of legal and business-critical challenges by the outbreak of the Coronavirus Disease (COVID-19). Attorneys at Cummings, McClorey, Davis & Acho, P.L.C. are closely monitoring the potential ramifications of the outbreak and are actively advising clients in planning through this fluid time and uncertain future to better position their business for success. Some legal, strategic, and practical considerations employers need to consider include: • Wage […]

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CMDA Opens New York Office

Cummings, McClorey, Davis & Acho, P.L.C. (CMDA) is pleased to announce the opening of a Firm location in New York City. Located in the heart of Midtown Manhattan, the New York office is the Firm’s seventh office location and first on the East Coast, adding to offices in Michigan, Missouri, and California. The New York office will be home to CMDA’s growing Intellectual Property (IP) practice. “Having an office in […]

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