LAW NOTES

Whether you are an individual, small business, or large publicly held corporation, our attorneys are dedicated to delivering skilled legal counsel and exceptional service to our clients.

The Importance of Trademark and Copyright Protection

Berry Moorman attorneys first make sure that no one else has registered a similar name, logo, or tag line, etc. If the Mark is new to your business, we recommend contacting us to perform a registration search prior to expending money on the new Mark, in case you run the risk of having your registration application denied.

What is a Revocable Living Trust?

A revocable living trust is a legal relationship where a trustee holds title to trust assets for the benefit of the trust beneficiary. The person who creates the trust and transfers his or her assets to it is called the grantor or settlor.

Legal Marijuana and Family Law

By John Schrot, Jr.
Be careful if and when you light up, or otherwise consume, marijuana, as you may get burned. In spite of shifting legal and cultural norms, using recreational or medical marijuana can work to your disadvantage in divorce and/or child custody/parenting time cases.

FMLA Case Law Update for Employers

By David M. Foy, Esq. No Good Deed Goes Unpunished After Leave Given to Ineligible Employee In 2018, the Sixth Circuit Court of Appeals considered whether summary judgment was warranted where an employee was terminated after she was unable to return to work on a...

How can Employers Avoid Abuse of FMLA Intermittent Leave by its Employees

By Sandro D. DiMercurio, Esq. As an employer, do you find that your employees are conveniently taking intermittent leave on Fridays or Mondays or both, in an effort to extend their weekend? Do you ever feel that your employees are taking advantage of their...

Does your Rental Property Qualify for a 199A Deduction?

The IRS, in its new proposed Section 199A regulations, defines when a rental property qualifies for the 20 percent tax deduction under new tax code Section 199A. One part of the good news on this clarification is that it does not require that we learn any new...

Primer on Crowdfunding 2018

By Randolph M. Wright With entrepreneurs facing difficulties raising enough funding for their startups, crowdfunding has become increasingly popular. Crowdfunding involves using social networking and a strong product campaign to gather support from the general public...

Unmarried Cohabitation Relationships

By John Schrot, Jr.
A client recently advised me that her daughter became engaged and the couple plan to marry in the near future. As the intended couple have only known each other briefly, she further related her belief that the couple should in the interim cohabitate to better understand one another; and, she asked me about the complications thereof. I suggested, in part, their use of a cohabitation agreement.

An Overview of the Comprehensive Amendments to Detroit’s Property Rental Ordinance

On October 31, 2017, the City of Detroit (the “City”) passed amendments to Chapter 9 of the 1984 Detroit City Code, which governs the maintenance of rental properties in the City (the “Rental Ordinance”). By these amendments (the “Amendments”), the City hopes to...

A La Carte Legal Services – Limited Scope Representation

Many low and medium income individuals and small business owners involved in a legal dispute are left with the choice of suffering without access to justice or attempting to represent themselves. As the number of self-represented litigants in Michigan continues to...

Tax Reform Is Here!

In somewhat of a surprising development, Congress passed and President Trump has signed the first significant overhaul of the tax code since 1986. Prior to that, there was a lot of tinkering around the edges, including some fairly substantial tax cuts under the most...

Court Decision Blocks New Fair Labor Standards Act Salary Basis Rule

By Randolph T. Barker, Esq. The Fair Labor Standards Act (“FLSA”) establishes minimum wage, overtime pay and recordkeeping standards for covered employees who are not otherwise exempt from its requirements. Under the FLSA, an employee is exempt from entitlement to...

Unpaid Interns – Free Labor?

By Sandro DiMercurio, Esq. A long-standing practice among “for profit” private employers has been the use of unpaid student interns as a means of providing real-life experience as they advance their education. Such internships, which commonly bring the students into...

$20 Million Wrongful Conviction Settlement Is Marital Property In Divorce

By John J. Schrot, Jr.
Be careful with what you ask for. An Illinois man who was awarded a $20 million wrongful-conviction settlement has to divide same with the woman he met and married while in prison but is now divorcing. He cannot exclude this fortune from the marital estate, on a claim that it is his separate property, and therefore not subject to division in the divorce.

FASTLANE TO TAX EXEMPT STATUS? The IRS 1023-EZ Application

By Timothy E. Harden, Esq. Are you looking for an easier and quicker way to obtain tax exempt status for your charity? If so, read on to see if filing IRS Form 1023-EZ is right for you. A Streamlined Application Process Similar in some respects to filing an Form...