You may have seen YouTube videos or advertisements touting the merits of the self-directed IRA (“SDIRA”) as a “magic” way to leverage your retirement accounts and outperform the stock market by investing in private companies, real estate, gold, and even cryptocurrency. SDIRAs are perfectly legal when done right and for the right reasons, but unfortunately…
Author: Artaev at Law
Are Non-Compete Agreements Enforceable Against Independent Contractors in Michigan?
This is one of those gray legal areas where the answer is “it depends on the facts of the situation.” Previously, I wrote about the basics of non-compete and non-solicitation agreements that are becoming increasingly common in all industries. At their core, non-compete agreements restrain the free labor market, and are therefore analyzed under the…
Who Owns Your Invention? The Concepts and Inventions Assignment Clause, Work-For-Hire, and the Shop Right Doctrine.
In the modern employment context, there are plenty of on-boarding documents, including a handbook, that the employee may be asked to sign as part of getting hired. Lurking in these pages of seemingly innocuous workplace policies may be critical obligations and restrictions that significantly restrict the employee’s rights. For example, non-compete and non-solicitation clauses are…
So You’ve Designed a Board Game. Do You Need a Patent, Copyright, or Trademark?
Board games are still big business. Even before the pandemic limited entertainment options, the board game industry already accounted for $1.8 billion of sales in 2013 – or almost 10% of the entire toy market in the United States. In the first half of 2020’s lockdown, Hasbro reported a 4% increase in gaming revenue over…
Can College Athletes Get Paid in Michigan? Here’s What You Need to Know.
In addition to being an experienced business lawyer, Dan Artaev is a former Division III collegiate tennis player. If you are considering a potential endorsement deal, contact Dan for a consultation to ensure your rights are protected and you are doing it right. Yes, NCAA athletes can receive compensation for their name, image, and likeness…
What’s New for 2021: An Updated Guide for Michigan Employers Navigating COVID Regulations.
2020 is finally over, yet we are still in the middle of a pandemic, continued restrictions, ever-changing mandates, and regulations. So what’s new for business owners? Restaurants, entertainment venues, and other businesses are slowly seeing a transition to increased capacity. Vaccines are rolling out. There is new interim guidance for athletics from the MDHHS to…
Your Twitch Channel is Worth How Much? Protect Your Right of Publicity in the 21st Century.
Did you know that celebrities, professional athletes, actors, and other famous people have a valuable property right in their very persona? That property right is called the “right of publicity” and extends to gaming, particularly as streaming platforms like Twitch allow gamers to develop their own brand and following. There is no question that internet…
Employers: Know Your Obligations Under Michigan’s COVID-19 Employment Rights Act
In late October 2020, Michigan enacted several important laws that affect employers’ rights and obligations in dealing with the COVID-19 pandemic in the workplace. I have updated my general COVID-19 guide for employers every month, and I have also written specifically about the COVID tort liability shield. Governor Whitmer also signed the COVID-19 Employment Rights…
Beer, the Lions, and Intellectual Property: An Updated Cautionary Thanksgiving Tale.
Update: Since I originally published this article, Eastern Market Brewing has resolved its issues with Barry Sanders and no longer uses his likeness on the beer can. Same Old Lager is available again, and instead of a Lions player wearing the number 20, the brewery’s mascot graces the can against a pixilated, video-game style football…
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…
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…