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January 18, 2018

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Good Business Law Advice

May 9, 2017

I have had the pleasure recently of working with a group of business owners who came to me months ago with a problem - someone in a competitive business was claiming that they had a business relationship with my clients, and when my clients told the truth, the other business went out and got a lawyer who threatened them with "criminal misdemeanor" for the "malicious act of posting" on Facebook about the situation. The demand letter even included a (xeroxed out of a book) copy of an excerpt from the Michigan Penal Code.  To an experienced business lawyer, the letter was laughable, but to a business owner already dealing with a difficult situation, it was extremely scary. 

 

My clients tried everything to diffuse the situation and avoid litigation, but instead of making rational business decisions, our opponents filed a complaint for a claim that doesn't exist. My clients counterclaimed with real legal claims and solid evidence, and after one hearing the other side suddenly wanted to settle and avoid litigation. By that point the damage was done and my clients had no choice but to push forward unless or until the defendants pay damages. 

 

This whole situation would have been avoided had the other side consulted an experienced business attorney at the onset who could advise them about what permissible and how the law is really applied. 

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