Sutherland Presents “How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out)

Attorney Suzanne Sutherland will present, “How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out),” in collaboration with the National Business Institute on Friday, October 20, 2017, in Ann Arbor, Michigan.

Topics covered will include:

• Recognizing key social media, email and text evidence and traverse obstacles to ensure relevancy, authenticity and that the best evidence rule is satisfied
• Examining the latest rules, case law and procedures regarding the admission of email evidence
• Identifying common spoliation pitfalls, sanctions and defensible legal hold hurdles
• Finding out critical mistakes attorneys make when collecting Facebook and LinkedIn evidence
• Gaining an in-depth understanding of metadata, how to scrub it, remove it from documents and produce responsive, non-privileged ESI with appropriate metadata and OCR
• Skillfully obtaining ESI from smartphones, third parties, flash drives and external hard drives
• Learning how to effectively work with social media companies to obtain deleted information
• Applying business record and excited utterance hearsay exceptions to email, text messages and more
• Learning proven methods for testing ESI, including comparison, hash tags, encryption and metadata

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Do I Really Need to Create Corporate Minutes?

From time to time I get asked this question from small business owners. My response is typically a question along these lines, “How attached are you to your boat?”

This might sound like a strange response, and it certainly does not apply in all circumstances, but the point is that the failure to follow corporate formalities could result in losing the corporate shield of liability – resulting in personal liability for a claim – and thus a sudden decrease in ownership of personal toys, or worse.

Generally speaking, shareholders are not liable for corporate obligations. MCL 450.1317(4). Over time the phrase “piercing the corporate veil” has evolved to mean that this corporate shield from liability can be erased.

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Do I Really Need to Create Corporate Minutes?

From time to time I get asked this question from small business owners. My response is typically a question along these lines, “How attached are you to your boat?”

This might sound like a strange response, and it certainly does not apply in all circumstances, but the point is that the failure to follow corporate formalities could result in losing the corporate shield of liability – resulting in personal liability for a claim – and thus a sudden decrease in ownership of personal toys, or worse.

Generally speaking, shareholders are not liable for corporate obligations. MCL 450.1317(4). Over time the phrase “piercing the corporate veil” has evolved to mean that this corporate shield from liability can be erased.

Read More

Language You Need for an Enforceable Arbitration Clause

This is Part 2 in a 20-part series of articles dealing with issues of arbitration in the construction industry. 

Arbitration is voluntary
Absent a statute to the contrary, arbitration is a voluntary, contractual process. A court will not require parties to arbitrate complex construction disputes without an enforceable arbitration clause in their contract. If you do not have an enforceable arbitration clause, you will not be able to compel your adversary to arbitrate, nor can your adversary force you to arbitrate unless you jointly negotiate a separate post-contract arbitration agreement.

So how do you get to an enforceable arbitration clause? You need to include specific buzzwords in your contract.

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