Category Archives: Memorandum

DEFAMATION AND OTHER ATTACKS ON YOUR REPUTATION IN MICHIGAN

Simon PLC Attorneys & Counselors – November 2024 Memorandum DEFAMATION AND OTHER ATTACKS ON YOUR REPUTATION IN MICHIGAN Troy, MI. Lawsuits seeking the recovery of damages for attacks on personal reputation are seemingly on the rise in Michigan. Simon PLC Attorneys & Counselors is processing more and more frequent cases where these issues are implicated. […]

HOMEOWNERS’ ENERGY POLICY ACT IMPLICATIONS FOR HOMEOWNERS AND THE HOA ASSOCIATION COMMUNITY

Simon PLC Attorneys & Counselors – October 2024 Memorandum   HOMEOWNERS’ ENERGY POLICY ACT IMPLICATIONS FOR HOMEOWNERS AND THE HOA ASSOCIATION COMMUNITY Troy, MI. Michigan has enacted the Homeowners’ Energy Policy Act (MCL 559.301 et. seq.) and it will become effective as of March 19, 2025.  The Act limits the power of homeowners’ associations (HOAs) […]

CFPB DEEMS LAND CONTRACTS “CREDIT” SUBJECT TO FEDERAL MORTGAGE PROTECTIONS

Simon PLC Attorneys & Counselors – September 2024 Memorandum CFPB DEEMS LAND CONTRACTS “CREDIT” SUBJECT TO FEDERAL MORTGAGE PROTECTIONS   Troy, MI. On August 13, 2024, the Consumer Financial Protection Bureau (CFPB) released a research report and advisory opinion stating that contracts for deed also known as land contracts are under federal home lending rules […]

PURDUE RULING- A POTENTIAL LIMITATION ON THE POWERS OF THE BANKRUPTCY COURT

Simon PLC Attorneys & Counselors – August 2024 Memorandum PURDUE RULING- A POTENTIAL LIMITATION ON THE POWERS OF THE BANKRUPTCY COURT   Troy, MI. In a long-awaited decision, the United States Supreme Court on June 27, 2024 finally resolved an often contentious issue in bankruptcy — a court’s authority to approve, as a part of […]

NON-COMPETE AGREEMENTS IN 2024, MICHIGAN, FTC, AND THE CHEVRON RULE

Simon PLC Attorneys & Counselors – July 2024 Memorandum NON-COMPETE AGREEMENTS IN 2024, MICHIGAN, FTC, AND THE CHEVRON RULE Recently, the Federal Trade Commission (“FTC”) announced the implementation of a new rule, effectively banning non-compete agreements from the landscape of employment related contracts. The new rule seeks to correct what the FTC views as a […]

Simon PLC Attorneys & Counselors – June 2024 Special Memorandum Analyzing your Litigation Risk

Simon PLC Attorneys & Counselors – June 2024 Special Memorandum Analyzing your Litigation Risk Troy, Michigan – At many times in its history, our Firm has been honored to employ current and former in-house counsel from financial institutions as Senior Attorneys at the Firm. Our clients, and the Firm alike, have always benefitted from their […]

The Corporate Transparency Act and the Issue of Beneficial Ownership and Substantial Control

Simon PLC Attorneys & Counselors – April 2024 Memorandum The Corporate Transparency Act and the Issue of Beneficial Ownership and Substantial Control Troy, MI. The Bank Secrecy Act of 1970 required financial institutions to comply with certain reporting requirements for large cash transactions. However, real estate transactions and the professionals involved in them were excepted, […]

Corporate Dissolution in Michigan and the Power to Sue and Be Sued

Simon PLC Attorneys & Counselors – March 2024 Memorandum Corporate Dissolution in Michigan and the Power to Sue and Be Sued Troy, MI. In the dynamic landscape of business, corporate entities may find themselves faced with the need to dissolve their operations for various reasons. In the State of Michigan, the process of corporate dissolution […]

Do Contractors Need to Open a Separate Account ? The Michigan Builder’s Trust Fund Act

Simon PLC Attorneys & Counselors – February 2024 Memorandum Do Contractors Need to Open a Separate Account ? The Michigan Builder’s Trust Fund Act Troy, MI. When a general contractor is paid a draw on a construction project, do they have to open a separate bank or trust fund account to hold the funds pursuant […]

When is it proper to use the Secretary of State to serve an LLC in Illinois?

Simon PLC Attorneys & Counselors – January 2024 Memorandum When is it proper to use the Secretary of State to serve an LLC in Illinois? Chicago, IL. It’s commonly known amongst Illinois attorneys that the Secretary of State’s office may be used in certain circumstances to serve an LLC. What is not as well-known is […]