Category Archives: Memorandum

Simon PLC Attorneys & Counselors – February 2025 Memorandum DOES A CONTRACT NEED TO BE SIGNED TO BE ENFORCED?   Troy, MI. Can a contract that is signed by only one party be enforced?  Does the absence of a countersignature by the party to be charged with performance under a contract necessarily render it unenforceable? […]

Simon PLC Attorneys & Counselors – January 2025 Memorandum Urwiller: Analyzing Financial Institution Litigation Risk. Troy, Michigan – Our Firm’s tradition of hiring current and former in-house counsel from financial institutions as Senior Attorneys at the Firm benefits our clients, and the Firm alike. Kenneth L. Urwiller II, Esq is one such valued member of our […]

Simon PLC Attorneys & Counselors – December 2024 Memorandum MICHIGAN MARIJUANA RECEIVERSHIP AS A CREDITOR’S BEST RESPONSE TO CANNABIS FACILITIES INSOLVENCY. Troy, MI. In 2016 Michigan authorized the development of new laws that hoped to establish Michigan as the national model for the state licensed cultivation and distribution of cannabis. (Medical Marihuana Facilities Licensing Act […]

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. […]

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) […]

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 […]

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 […]

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 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 […]

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, […]