Author: altiorlaw

Jennifer Grieco Recognized as One of Crain’s Detroit 2021 Notable Women in Law

Altior Law attorney Jennifer Grieco has been selected as one of Crain’s Detroit Business’s 2021 Notable Women in Law.   The 47 honorees were selected based on their career accomplishments, track record of success in the field, and mentorship of others.  In addition to her established list of career accomplishments, Crain’s selected Jennifer based on her crucial role in...

Streaming Now: New Black Law Matters Podcast with Gregory Conyers

Jennifer Grieco, Founder of Peak Law recently recorded a new episode of the Black Law Matters podcast with Gregory Conyers, Diversity Development Program Director for the State Bar of Michigan.   Jennifer and Gregory discussed the State Bar’s work to promote and increase diversity and inclusion.  That work has changed since George Floyd’s murder, which created an outcry in the...

Altior Law Named a Leadership Firm by the Access to Justice Campaign

Altior Law has been named one of 50 Access to Justice Campaign Leadership Firms for 2020.   Leadership Firms were selected based on the per-attorney amount given to the Access to Justice Campaign by law firms in 2020.  Donations to the Access to Justice Campaign are utilized to increase resources for regional and statewide civil legal aid programs in Michigan with the goal of...

The Michigan Court of Appeals Reminds that Oppression Claims are Not Limited to Minority Owners

Authored By: Matthew Smith and Kenneth Neuman Shareholder and member oppression claims are commonly referred to as “minority” oppression claims.  This labeling is so prevalent that it has found its way into opinions authored by both the Michigan Supreme Court and Michigan Court of Appeals. (For example, see Madugula v. Taub, 496 Mich. 685, 695 (2014); Franchino v. Franchino, 263 Mich....

Practice Reminder – Do Not Forget the Delegation Clause When a Question of Arbitrability Exists

Authored By: Jennifer Cupples and Jennifer Grieco Threshold issues of arbitrability are generally resolved by a court determining whether the parties agreed to arbitrate the dispute.  However, with contracts evidencing a transaction involving commerce, the Federal Arbitration Act, Title 9, U.S. Code (“FAA”) allows parties to agree that the arbitrator determine questions of...

The Michigan Supreme Court Announces Rule for Service of a Limited Liability Company

Authored by: Stephen T. McKenney The Michigan Limited Liability Company Act will celebrate its twenty-eighth anniversary on June 1, 2021.    But despite its age and popularity, the Michigan Court Rules have never expressly provided the manner in which limited liability companies are to be served with legal process.  This will change effective May 1, 2021, with the Michigan Supreme Court’s...

Altior Law Adds Rising Star Matt Smith As Shareholder

Altior Law is pleased to announce that Matt Smith has joined its shareholder group.  With over a decade of commercial and securities litigation experience, Matt is a SuperLawyers Rising Star. “Matt is sharp and hard-working.  He fits right in at Altior, and we’re excited to have him help us set the direction of the firm,” said Ken Neuman, Managing Partner.  “Matt is a key...

The Michigan Court of Appeals Resolves Choice of Law Conflict in the Enforcement of Forum-Selection Provisions

Authored By: Matthew Smith and Stephen McKenney Choice of law and forum-selection provisions are common inclusions in all manner of contracts.  Most of these provisions rarely register a second thought even in contentious litigation.  But what happens when the enforceability of a forum-selection clause differs under the laws of the State in which litigation is filed, from the laws of the...

Tinsley v Yatooma: The Michigan Court of Appeals Wades Back into the Debate Over Whether and How MRPC 1.8(h)(1) Applies to Arbitration Clauses in Retainer Agreements

Authored By: Jennifer Cupples and Jennifer Grieco Michigan attorneys should already know that Michigan Rule of Professional Conduct (“MRPC”) 1.8(h)(1) prohibits a lawyer from making an agreement prospectively limiting the lawyer’s liability to a client for malpractice unless permitted by law and the client is independently represented in making the agreement.  But what, if any, effect...

Implied Waiver of the Right to Arbitrate: How Far is Too Far? The Sixth Circuit Court of Appeals Weighs in on Pre-Litigation Conduct

Authored By: Kenneth Neuman and Matthew Smith That Sixth Circuit law favors arbitration is not newsworthy.  A string of cases could be unearthed with just a few minutes of research in which federal courts throughout the Sixth Circuit have echoed the strong presumption in favor of arbitration. But there are limits to the presumptions that tilt in favor of arbitration when its...