A third party legal opinion, commonly referred to as an “Opinion Letter”, is a letter issued by an attorney to advise a client of legal risks and resolve legal uncertainties. An Opinion Letter assures the recipient that their conduct is legal and confirms within the existence of legal relationships. Opinion Letters are commonly issued in…
Read MoreBots, chatbots, and their associated technologies are all the rage these days. Many institutions and businesses have begun to use bots to supplement and enhance their operations. Financial institutions have been increasingly integrating this technology into their practices to great success. As beneficial as this technology can be, it nonetheless poses unique regulatory and compliance…
Read MoreMost meetings of the governing bodies of public agencies such as city councils, townships, counties, school boards or similar types of meetings must be open at all times so members of the public can observe and/or record the meetings. There are a few exceptions to this general rule: 1. “Executive Session” – may be closed…
Read MoreMedical malpractice is a special tort claim involving the professional negligence of licensed healthcare providers. To prevail in a medical malpractice action in Michigan, a plaintiff must prove four elements: (1) Duty, (2) Breach, (3) Causation, and (4) Damages. Hospitals and other healthcare facilities may be vicariously liable for the negligent acts of their nurses,…
Read MoreAs an active mediator, all mediations begin with me introducing myself to respective parties in separate rooms about the process and the reasons why mediation should take place. I am obviously passionate about the mediation process. So often during custody and divorce proceedings emotions come into play. When emotions are involved, it often inhibits people…
Read MoreSOUTH BEND / MISHAWAKA, IN – May Oberfell Lorber is pleased to announce the promotion of Katlyn Foust Hunneshagen. Katie joined May Oberfell Lorber in 2014 as a summer associate. While in law school Katie clerked for both state and senior federal court judges, served as an Associate Editor of the Valparaiso Law Review, and…
Read MoreSOUTH BEND / MISHAWAKA, IN – May Oberfell Lorber welcomes two new Associate attorneys, Marissa Claxton and Cory Hildebrandt. Claxton earned her J.D. from Michigan State University College of Law in 2022, and received her undergraduate degree in 2018 from Michigan State University. While in law school Marissa served as a judicial law clerk at…
Read MoreThis month the United States’ Federal Trade Commission proposed a rule which would prohibit employers from using Non-Competition Agreements with employees and independent contractors. The rule, if enacted, will apply nationwide. The proposed rule will also require employers to rescind all current Non-Competition Agreements in effect with employees and independent contractors. The proposed rule broadly…
Read MoreIn a medical malpractice action, a plaintiff must establish three elements: 1. The defendants’ duty in relation to the plaintiff; 2. The defendants’ failure to conform its conduct to the requisite standard of care; and 3. An injury to the plaintiff resulting from that failure. The plaintiff must prove by expert testimony that the defendant…
Read MoreA quiet title lawsuit is a means of establishing proper ownership of real estate. Aside from establishing correct ownership, a quiet title action ensures the correct owner has clear title that is not subject to liens or levies from third parties. A quiet title action is commonly utilized when real estate has previously been subject…
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