Resources

Beer, the Lions, and Intellectual Property: A Cautionary Thanksgiving Tale.

Detroit’s own Eastern Market Brewing Company came up with a genius marketing idea: a beer called “Same Old Lager,” a clever play on the “same old Lions” saying that has become familiar to Detroit football fans after years of mediocre results. The slogan for the crisp 4.5% ABV lager is “don’t set your expectations too…

FAQ: Can Playing Music on Twitch or During My Podcast Get Me Sued?

Yes it can. As the popularity of internet streaming soars, content creators are encountering unique legal issues related to the media that they use. In June 2020, Twitch received thousands of so-called “takedown notices” under the Digital Millennium Copyright Act (“DMCA”) related to multiple archived clips that contain copyrighted music. The Recording Industry Association of…

COVID-related Employment Lawsuits Are on the Rise: What to Watch For and How to Avoid Them.

Employment lawsuits and EEOC complaints are surging. All employers have had to adjust in response to federal, state, and local COVID orders. Small business not previously subject to FMLA have had to suddenly enact polices to comply with expanded regulations under the Families First Coronavirus Relief Act (“FFCRA”). Transitioning employees to remote work has not…

FAQ: Michigan’s COVID-19 Response and Reopening Liability Act

In 2020, employers have been struggling to navigate a maze of ever-changing COVID laws, regulations, and guidance from both the state and federal levels. It has not been easy. Besides trying to keep their business open, make ends meet, and generally stay safe, employers now have another thing to worry about: liability lawsuits for potential…

November 2020 and Beyond: An Updated Guide for Michigan Employers Navigating COVID Regulations.

What’s new in the world of COVID compliance for employers? It is now November and COVID infection rates are increasing again. We are in the midst of renewed restrictions. Also, Governor Whitmer recently signed the Michigan COVID-19 Response and Reopening Liability Act, which gives retroactive immunity from tort liability to businesses that have been following…

Fun Facts About the History of the World’s Oldest Hobby: Gambling.

For a change of pace, here is some short and fun reading about everyone’s favorite hobby – gambling. Whenever I do a gambling-related legal project or research, it amazes me how much time and effort has been spent by lawmakers across the United States regulating and restricting gambling in all its forms. And, it is…

The Essential Guide to Setting Up a Nonprofit Corporation In Michigan

Nonprofits are big business. According to recent IRS statistics, Michigan has over 50,000 nonprofit entities, holding more than $268 billion in assets, and employing over 470,000 people. Public charities, homeowners’ associations, private foundations, endowments, networking groups, chambers of commerce, are just some examples of nonprofit organizations. Regardless of whether you have $5,000 local school bake…

Are Skill-Based or Pure-Skill Real Money Games Legal in the United States?

Skill-based, pure-skill, or simply real-money skill games are a hot new trend in the online gaming market. Games offered on mobile platforms like the iPhone and devices running the Android operating system are especially popular. Smartphones are everywhere, and in the United States alone an estimated 222 million people have smartphones, with 45 percent of…

Protecting Your Brand Online: Is a Bad Review Defamation?

Following my previous article about online defamation, business owners frequently ask me whether they can “sue” Facebook or Yelp or Google, etc., to get a negative review of their business removed. Or whether they can “sue” the poster for “reputation damages.” This article addresses these questions, and is a more in-depth look at the elements…

Is Your Lawsuit Stuck Due to COVID? Stipulated Mediation May Be the Answer.

You may wish to give mediation a second look. If you are business owner involved in pending business litigation, you are likely frustrated with the progress – or rather the lack of progress – in your case. Whether as a plaintiff looking for a resolution of your grievance or a defendant eager for vindication, it…

Is Your License at Risk? The Administrative Complaint Guide for Healthcare Professionals and Other Licensees in Michigan.

Dan Artaev is a former Assistant Attorney General for the State of Michigan who represented various State agencies in judicial and administrative proceedings. In private practice, Dan has defended doctors, nurses, physician’s assistants, real estate agents, and others against State of Michigan complaints seeking to sanction or revoke their professional license. If your professional license…

So You Want to Start an eSports Business During the Quarantine. Here’s What You Need To Know – From an eSports Lawyer.

Esports was already a rapidly growing industry before coronavirus shuttered most traditional sports, shifting demand toward online gaming competition. NASCAR is even “replacing” cancelled races with an eNASCAR Pro Invitational Series — televised simulation racing featuring real pro drivers like Dale Earnhardt Jr., Bobby Labonte, Kyle Busch and Denny Hamlin. Nevada and New Jersey sportbooks are…

Are you expecting payments under a lease, land contract, or promissory note? It may be time to dust off those documents and call a lawyer.

The economy is still uncertain, especially for business owners who rely on lease payments, land contract payments, promissory notes, or other installment-type payments for their income are in for tough month. Payees may very well be unable to make payments on time or at all. What are your options to protect your rights? It is…

5 Legal Tips for Business Owners Weathering the Coronavirus Disruption

There is no doubt you are distracted by this coronavirus outbreak. Constant news alerts, supply shortages, government-mandated closures and cancellations make it all but impossible to also run your business. However, remember that your lawyers are available to assist you. For example, if you have questions about obligations to your employees, insurance coverage questions, contract…

What Every Business Owner Must Know About PFAS Contamination

Remember when everyone was worried about PFAS contamination? Believe it or not, it was a serious concern that dominated headlines in late 2019 and early 2020 before COVID-19. It remains a serious environmental issue. But what is PFAS, and more importantly, how does it impact your business? PFAS stands for per- and polyfluoroalkyl substances, which…

3 Common Mistakes that Compromise a Business’s Corporate Protection and Expose Your Personal Assets.

In a previous article on protecting your assets (Part 1), I wrote about the importance of maintaining corporate formalities. Businesses that commingle assets, forgo record keeping, official minutes, and fail to keep their registration with the State of Michigan up to date risk losing their corporate protections. In most cases, the corporate form limits your…

A Lesson in Licenses and Why You Own Nothing.

In 2019, Fortnite went offline. No one could play, stream, compete, or access their account. This was part of an in-game “event” known as the Fortnite Blackout or The End. Can Epic Games do that? What rights do you even have as a player, team owner, or competitor? It all comes down to the End…

ESports. So Hot Right now: Advice from an eSports Attorney for Players and Team Owners.

Metro Detroit is uniquely poised to become the next epicenter of a growing industry: competitive video gaming, or simply eSports. An emerging form of entertainment that is particularly popular among the teenage and college-age crowd, eSports had its first major metro Detroit debut this August, when Little Caesars Arena hosted the League of Legends Championship…

4 Must Have Legal Documents for New Business Owners

Whether you are a one-man computer whiz coding the next blockbuster iPhone app, or a five-employee manufacturer making parts for a Tier 1 auto supplier, you need basic corporate forms to protect your assets and investments. A limited liability company (or LLC) is the preferred way to organize and obtain this protection. Plus, if you…

Smoke ’em if You Got ’em: 4 Questions to Ask When Selling Commercial Real Estate in the Marijuana Era

In 2018, Michigan citizens overwhelmingly approved Proposition 1 to legalize recreational marijuana. While medicinal marijuana has been legal in Michigan for several years now, the recreational marijuana law will certainly expand the availability of the drug across the state. But what does that mean for the Michigan business community? Legalization will impact your business, even…

Non-Compete vs. Non-Solicitation: Key Differences that Every Employer Must Know

No matter what industry you are in, you have probably encountered non-compete and non-solicitation agreements. In Michigan, standard pre-employment paperwork often contains obligations for the employee not to compete with the employer (non-compete) and not to solicit the employers existing customers or other employees (non-solicitation). Although these obligations may be in the same boilerplate paragraph…

‘Tis the Season for (Corporate) Resolutions!

What do you associate most with the start of a new year? I personally think of resolutions and how the gym used to get crowded with all those who resolve to get in shape. So for many, the New Year is about a new start, a chance to set goals, and a chance to catch…

Starting a Business? Choose Your Organizational Structure!

Every business owner needs to incorporate. Forget about sole proprietorships or a partnership — running your business without formally organizing is like driving without insurance: You will be OK so long as you don’t get into an accident. But when someone rear-ends you, you will be in dire financial straits regardless of who caused the…

5 Often-Overlooked Essentials When Selling Your Business

You finally got that phone call from the California venture capital firm that wants to buy your  start-up for a couple of million dollars. You are eager to sell and use that money to pursue other projects and passions. The attorneys and accountants have been retained, and the Asset Purchase Agreement has been drafted.  But…

About Dan Artaev

Hi, I’m Dan, the founder of Artaev at Law. I hope you find these articles useful and fun to read. Feel free to reach out with any questions by email or text or call.

Disclaimer: These posts are for general informational and promotional purposes only. Nothing in them constitutes legal advice and nothing therein forms an attorney-client relationship. Each case is unique and is determined by its own set of facts and circumstances.

© 2020 Artaev at Law PLLC. All rights reserved.

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Artaev at Law PLLC publishes this website (including the guides and articles) to inform clients and potential clients about our firm, our attorneys and new developments. The website is not intended as legal advice on any matter. You should not act or refrain from acting because of information found here without first seeking appropriate legal or other professional advice from someone who is familiar with your particular circumstances.

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© 2020 Artaev at Law PLLC. All rights reserved.