Recent News

Vacation Home Ground Rules

The West Michigan region is the home of countless vacation homes, family cottages, cabins and lakeshore retreats beginning in New Buffalo and continuing all the way to the Mackinac Bridge along with numerous spectacular inland lakes. All of us have friends or family that have grown up at these vacation destinations often involving three or more generations. The a… Read More
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Categories: Chicagoland and Vacation Real Estate

Downtown Development Authority Incentive Grants

The Grand Rapids Downtown Development Authority (“DDA”) is a public private partnership that exists to influence, promote and support wide and intelligent development of the business and residential districts of downtown Grand Rapids. Developers, entrepreneurs and existing business owners conducting retail, commercial or other business activity in the… Read More
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Categories: Construction Law

Seller Representation of Landmark Building

The 18-story Greek revival-style retail, office and residential building, The McKay Tower (the “granddaddy of Grand Rapids skyscrapers”) was sold in late 2012. The seller of the property, McKay Tower Partners, LLC was represented by Duba & Duba, PLLC, first in its acquisition of the building several years ago, and then in its sale of the landmark… Read More
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Categories: Real Estate Transactions

Liquor Control Speeds up Outdoor Permission Process

The attorneys at Duba & Duba, PLLC, brothers Christopher Duba and Donald Duba, often practice in the administrative area of the law dealing with the Michigan Liquor Control Commission (MLCC) when representing businesses operating in the hospitality industry. Duba & Duba, PLLC represents restaurants, banquet facilities, golf courses, and resort community t… Read More
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Categories: Licensing and Liquor Control Commission

Commercial Refinance Representation

Recently, the attorneys of Duba & Duba, PLLC completed an $18 million commercial loan project wherein the firm represented eight separate, related subsidiary entities holding title to twelve different mid-Michigan commercial real properties in the process of obtaining an $18 million loan from a west Michigan based banking institution. Significant due diligenc… Read More
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Categories: Finance and Lender Relations

Avoiding Corporate Successor Liability

A typical merger in an acquisition transaction is the circumstance where a going concern business is being acquired by a competitor or party wishing to enter into the subject business or industry. A typical business purchase can be structured as a stock sale or an asset sale. In a stock sale, the acquiring entity acquires the corporate stock and having done so, e… Read More
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Categories: Business Succession Planning

Non-Compete Agreements Must Be Reasonable

A common source of litigation for many businesses is breach of non-compete agreements by former employees. A company’s success in such actions is closely related to the enforceability of the non-compete agreement terms. This is because Michigan law requires that all non-compete agreements be reasonable. If the agreement is not reasonable, the court may choo… Read More
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Categories: Business Formation and Transactions

Closely Held Businesses and Shareholder Oppression

Most businesses are closely held by just a handful of owners as either a corporate shareholder, or a limited liability company member, who manage the daily affairs and business planning decisions of the company. These types of companies are usually controlled by Bylaws, Buy-Sell Agreements, Operating Agreements, and other contracts between the ownership pool. Som… Read More
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Categories: Business Formation and Transactions

Corporate Management Agreements: Corporation v. Limited Liability Company (LLC)

The Michigan Legislature adopted the Michigan Limited Liability Company Act in 1993, and since then numerous business persons have taken advantage of this new entity form based on its flexible characteristics. In fact, most business people who are looking to form a new business entity presume that an LLC is the easiest path to take. However, the Michigan Legislat… Read More
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Categories: Business Formation and Transactions