Much of Caliburn Aegis’s areas of focus include commercial contract actions and personal service contracts, where we help expand your businesses, assisting you in purchasing new properties or catering to existing ones. We also handle negotiations and contests questioning the parties’ adherence to contract terms.
We handle both plaintiff and defendant work encompassing all aspects of commercial litigation.
Although frequently involved in transactional and trial practice, our work can be consultative in nature. We act in a more advisory capacity or pre-litigation mode, where we attempt to solve business disagreements and partnership disputes without commencing a formal action. This occurs when small businesses undergo a significant change such as a partnership split or business “divorce,” or in the case of a closely held business, a transition of ownership.
We do a significant amount of work in commercial real estate. The key to successful real estate litigation is to untangle the amalgam of detailed claims that come together in a case, and separately deal with each possibility until the problem becomes clear to all.
We have extensive experience with the issues facing real estate developers today.
We deal with a wide range of cases, including:
- lender disputes;
- brokerage claims;
- coping with regulatory restrictions; and
- other potential lease or development limitations.
We also deal with the more traditional aspects of commercial real estate, such as lease negotiations and establishing the ownership structure of developments.
Caliburn Aegis, PC has the knowledge, experience, and resources to fully assist clients with their legal needs relating to the purchase, sale, and operation of franchises. We understand the many different aspects of law that are involved in guiding franchisees, including the following:
- Agency law
- Antitrust law
- Employment law
- Contract law
- Administrative law
- Trademark and patent law
- Debtor and creditor law
- Tort law
- Trade secrets law
- Financial services law
- International law
We assist clients with matters ranging from:
- the development of franchise business programs;
- structuring of franchise business entities to maximize business flexibility and to protect assets;
- preparation and registration (where required) of franchise disclosure documents (FDDs); and
- the filing of trademarks and the management of licensing and intellectual property.
We assist single- and multi-unit operators with matters ranging from:
- acquiring and selling franchises and territories;
- reviewing FDDs;
- negotiating franchise agreements, leases, and other contracts;
- forming business entities; and
- participating in franchise associations.
From acquisition, development and financing, to management, operations and loan workouts, hospitality industry clients demand talented and experienced legal counsel to meet the variety of issues facing them in the market. Caliburn Aegis, PC is experienced, representing Hospitality Industry clients across Michigan and Metro-Detroit. We keep in mind our clients’ goals and objectives, whether the client is a developer, owner/operator, franchiser/franchisee or financial institution because we tailor the scope of our performances to the unique needs of the individual client. Caliburn Aegis knows how to complete transactions successfully because we’ve done so with numerous of properties—and we’ve done it in a timely, cost-effective manner. Clients come to us for advice on a broad range of issues, including:
- sales and purchases;
- asset management;
- financing and franchising;
- litigation and bankruptcy;
- management and operations;
- conference, convention, and public assembly facilities; and
- multi-asset portfolios spread over a wide geographic area.
Our solid reputation comes from our experience. Brandon Nofar, the founder of Caliburn Aegis, has managed numerous properties and hotels, and he has brought that experience to Caliburn Aegis. Hospitality Industry clients regularly call Caliburn Aegis to handle complex transactions. Whether dealing with a complicated project, a workout, or a bankruptcy, Caliburn Aegis hospitality lawyers serve the operations, marketing, and finance areas of the Hospitality Industry as advisors, debtor’s counsel or creditor’s counsel.
No matter the Hospitality Industry segment our client is involved with—mixed-use development, restaurants, or hotels—our lawyers are knowledgeable about and active in the market spectrum. This breadth of exposure to market conditions allows a keen perspective on market standards. We help define key business goals, assemble the right legal team and develop strategies to optimize the client’s objectives. Because we have represented lenders, investors, joint ventures, and operating partners, we know the players and their expectations. We consult with clients regularly on key terms and conditions in the context of their business goals and opportunities. Additionally, we provide counsel on:
- land development and use issues;
- creation of organizational documents;
- mergers and acquisitions;
- management agreements;
- trademark protection; and
- a host of other issues relevant to the hospitality and leisure business.
The relationship between employers and employees is highly regulated and is becoming more so with the enactment of complex laws and the issuance of far-reaching court decisions. Under the current presidential administration, additional laws regulating employers have been enacted.
Our strengths in the workplace include labor-management relations such as union prevention, collective bargaining for single- as well as multi-employer bargaining units, neutrality agreements, advising on union corporate campaigns and defense of unfair labor practice charges before the NLRB. We defend administrative and litigation claims on workforce issues common to many industries, including:
- staff turnover;
- overtime pay disputes and workforce productivity;
- employer qualified benefit and pension plans; and
- employment discrimination, sexual harassment and wrongful discharge claims.
We also have a depth of experience in a broad spectrum of issues that affect employers, which enables us to counsel our clients in areas such as hiring, background checks, Fair Credit Reporting Act (FCRA) issues, discipline, discharge, and retaliation. We advise clients on compliance with and changes in statutes affecting employers, including the following:
- State and local discrimination laws
- Federal discrimination laws
- Title VII of the 1964 Civil Rights Act
- The 1991 Civil Rights Act
- The Equal Pay Act
- The Age Discrimination in Employment Act (ADEA)
- The Americans With Disabilities Act (ADA)
- 42 U.S.C. § 1981 and 42 U.S.C. § 1983
- The Uniformed Services Employment and Reemployment Rights Act (USERRA)
- The federal Fair Labor Standards Act (FLSA)
- Wage and hour laws
- Laws affecting government contractors
- State and local wage and hour laws
- Leave laws
- The Federal Family Medical Leave Act (FMLA)
- The Uniform Services Employment and Reemployment Rights Act (USERRA)
- State and local leave laws
- The Worker Adjustment and Retraining Notice Act (WARN)
- State and local plant closing laws
- Benefit issues
- 2010 Patient Protection and Affordable Care Act (PPACA)
- Consolidated Omnibus Budget Reconciliation Act(COBRA)
- Employee Retirement Income Security Act(ERISA)
- The Health Insurance Portability and Accountability Act (HIPAA)
- Business immigration laws
- I-9 obligations
- Federal and state E-Verify requirements
- Health and safety issues
- Establishment of workable safety programs
- Compliance with the Occupational Safety and Health Act (OSHA)
- Compliance with employee “right to know” statutes
- Employment contracts, noncompetition agreements, and protection of trade secrets
- Issues arising from the use of technology in the workplace
- Employee monitoring and electronic communications as impacted by the Computer Fraud and Abuse Act (CFAA)
- Title III, as amended by the Electronic Communications Privacy Act (ECPA)
- State privacy laws
- Federal and state whistleblower laws, including the Sarbanes Oxley Act (SOX) as amended by the Dodd-Frank Act.
We successfully preserve the profits and equity of landlords who are working hard to run a successful business, while bringing tenants comfort that they are living and working in a stable, well-maintained environment. We have committed our substantial knowledge in real estate, contracts, and property rights to help Michigan and Metro-Detroit area clients in the following areas:
- Drafting rental leases
- Resolving landlord-tenant disputes
- Evicting irresponsible or nonpaying tenants
- Defending against unjust evictions
- Demanding return of unfairly held security deposits
- Collecting from nonpaying tenants
- Upholding tenants’ rights against discrimination
- Maintaining the integrity and profitability of landlords’ properties
Drafting solid leases for property owners
Both landlords and tenants can avoid potential problems by having a well-drafted contract that enumerates all rental terms. Caliburn Aegis, P.C. discusses the particulars of your property and its occupancy, and it constructs clear and detailed leases which cover all aspects of your rental agreement. When you present a lease to a prospective tenant, you will feel confident that you are in compliance with Michigan law and that your rights are protected, should a dispute arise.
Protecting tenants’ rights to security deposits
Michigan law specifies the usage, retention, and return of security deposits. If your landlord fails to follow these strict regulations, Caliburn Aegis, P.C. can help you to collect what is due to you. We first pursue the most cost-effective route of demanding payment from your landlord. If necessary, Caliburn Aegis, P.C. assertively defends your rights in court.
Resolving eviction problems
The eviction process is disruptive to both landlords and tenants. Landlord must spend time and money to replace tenants who fall behind on rent, and displaced tenants must locate a new home or workspace under stressful circumstances. With these scenarios in mind, Caliburn Aegis, P.C. helps mediate disputes when eviction is undesirable. If you are a landlord whose tenants are engaged in disruptive, illegal, or damaging behavior, we can help you protect your property and your business. If you are a tenant who unfairly faces eviction, Caliburn Aegis, P.C. can protect your right to remain in your home or workplace.
In order to meet all your succession needs, Caliburn Aegis, PC prepares:
- wills and trusts;
- revocable (or living) trusts;
- irrevocable life insurance trusts;
- powers of attorney for health care and property; and
- living wills.
Our focus in preparing your estate plans is to ensure that your assets are transferred to the people who you want to receive them, to minimize your estate taxes, to avoid probate, and to ensure that your children are taken care of by the people you trust the most.
Probate proceedings are a court-managed process whereby a person’s estate is administered after his or her death. During the probate proceedings, the decedent’s debts are paid and distributions are made to his or her heirs and beneficiaries. At Caliburn Aegis, PC, we guide clients through probate proceedings by doing the following:
- Keeping clients informed and educated about the probate process
- Working to ensure that the probate proceedings move as quickly and efficiently as possible
- Ensuring that the decedent’s estate is distributed according to the specifications in the will or other estate planning documents
- Preparing any applicable tax returns in connection with the estate administration
- Advising heirs and beneficiaries regarding future estate planning techniques
Every insurance claim is as unique as the accident, illness, injury, or loss preceding it. If your insurance claim has been unfairly denied, you want an experienced lawyer to help you understand your rights and options. At Caliburn Aegis., PC, we represent individuals throughout Michigan whose insurance claims have been denied and are looking for solutions.
Many insurance companies deny claims even though there is a no-fault policy to provide protection. At Caliburn Aegis, PC, we are not afraid to go after insurance companies for the no-fault benefits they deny their insured. As Caliburn Aegis protect individuals and businesses throughout Michigan, we are equipped to handle a wide range of complex cases.
Drunk driving is one of the most frequently prosecuted crimes in the State of Michigan. There are two different ways that a person can be prosecuted: One way is by showing a breath, blood, or urine content that is at an unlawful level. An unlawful level is .08 grams per 100 mililiters or higher. The other way is to convince a jury that there is visible evidence of impaired driving. Impaired driving is defined as driving with substantially less ability than an ordinary driver because of the consumption of alcohol. If you are charged with drunk driving, there are many issues that you need to consider, and you should definitely consult with an attorney who is familiar with (1) the substantive laws, (2) the biology behind the body’s consumption of alcohol, and (3) the science behind testing a body’s chemical content. At Caliburn Aegis, PC, we are prepared to defend your rights behind the wheel.