Alerts

Can You Rely on an "Electronic Signature"?

May 12, 2015

The Electronic Signatures in Global and National Commerce Act, commonly known as "ESIGN", was enacted June 30, 2000, and is found at 15 U.S.C. 96. This federal law allows the use of electronic signatures in interstate and foreign commerce. The law ensures the validity and legal effect of contracts entered into electronically. Each state has enacted its own version of ESIGN. Section 101(a) states that a contract or signature "may not be denied legal effect, validity, or enforceability solely because it is in electronic form." Therefore, in most cases, electronic signatures and records have the same legal effect as paper documents....

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Michigan's Amended Periodic Garnishment Statute

May 06, 2015

Michigan allows judgment creditors to garnish funds owed to a judgment debtor through a periodic garnishment (which is typically sent to an employer), a non-periodic garnishment (which typically seeks to seize funds in a bank account) and a tax garnishment. Recently, Michigan amended its statute governing periodic garnishments, MCL §600.4012, effective for garnishments filed after September 30, 2015....

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Ohio Supreme Court Clarifies its Position on Standing to File a Foreclosure Action

April 24, 2015

In 2012, the Ohio Supreme Court held that a Plaintiff must establish that it has standing at the time it files a foreclosure action. The Court further held that lack of standing cannot be cured after a foreclosure complaint is filed. On April 22, 2015, the Supreme Court issued its decision in Wells Fargo v. Horn, clarifying that a Plaintiff is not required to submit proof of standing in the complaint, but may submit such proof later on in the proceedings....

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Cuyahoga County's New Requirement Regarding Escrow Advances

April 15, 2015

In 2012, the Ohio Supreme Court held that a Plaintiff must establish that it has standing at the time it files a foreclosure action. The Court further held that lack of standing cannot be cured after a foreclosure complaint is filed. On April 22, 2015, the Supreme Court issued its decision in Wells Fargo v. Horn, clarifying that a Plaintiff is not required to submit proof of standing in the complaint, but may submit such proof later on in the proceedings....

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Are You Ready for A Complaint Before the UTC?

April 02, 2015

Changes are coming to the landscape of Call-Before-You-Dig Enforcement in Ohio. Do you know how these changes will affect your utility and are you ready to handle a complaint before the Underground Technical Committee? On January 1, 2016 any stakeholder, including utilities and excavators, can file a complaint with the new 17 member Underground Technical Committee (UTC), for a perceived failure to abide by a duty imposed in the one-call statutes found at O.R.C. 153.64 and O.R.C. 3781.27, 3781.28 to 3781.32....

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Credit Applications & Guaranties: Starting a Business Relationship the Right Way

March 26, 2015

If your business deals in goods and services, a practical way to conduct business with your customers is to allow them to establish lines of credit and/or running accounts. Invariably, these arrangements are entered into with the very best of intentions. However, there are some actions your business can take at the very beginning of the relationship that can provide protection in the event the relationship goes bad....

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