Blog Posts

Featured Blog Posts

The latest from our team at Hertz Schram, where we provide our clients with the bold,
forward-thinking and uncommonly creative legal solutions they deserve.

Hertz Schram PC Obtains $6.25 Million Settlement for Largest Inland Oil Spill Case

In July of 2010, an oil pipeline operated by Enbridge LP and related companies (Enbridge) ruptured, spilling almost 1 million gallons of crude oil into Talmadge Creek and the Kalamazoo River. The spill is the largest inland oil release in the history of the United States. Almost 10,000 properties were

Lawyers Join Detroit’s Rising Tide of Entrepreneurial Energy

Recently, I’ve read a few articles about how entrepreneurship is losing its cachet among millennials. Really? I guess the authors of these articles have missed a real “boots on the ground” story in Detroit. I can attest that the entrepreneurial spirit is alive and well and even expanding into the

Supreme Court Decision Legalizing Same Sex Marriage Has Critical Impact on Michigan Workers and Employers

On June 26, 2015, the United States Supreme Court issued its 5-4 decision in Obergefell et al. V. Hodges, Director, Ohio Department of Health, et al. pertaining to 14 same sex couples and two male same sex partners, now deceased, who challenged the constitutionality of the state laws of, Michigan, Kentucky, Ohio

A Dangerous Twist: Beware of Injuries Caused by Chiropractic Manipulation

A study released earlier this year by physicians at Baylor University Medical Center highlighted the risk of injury to vertebral arteries from chiropractic manipulation of the neck. The damage to the blood vessels can lead to disastrous strokes and death. This danger has been reported repeatedly in recent years by

Evidentiary Issues In Overtime Claims: A Cautionary Tale

A CAUTIONARY TALE: AN EMPLOYEE WHO PRESENTS NO OTHER EVIDENCE OTHER THAN HIS TESTIMONY CONTRADICTING THE EMPLOYER’S TIMESHEETS AND PAY STUBS CREATES A GENUINE ISSUE OF FACT ALLOWING THE OVERTIME CLAIM TO PROCEED TO A JURY The Sixth Circuit’s opinion in Moran v Al Basit LLC, et al, decided on June 1,

Judge Edward Sosnick (Ret.) Joins Hertz Schram In Of Counsel Role

Judge Edward Sosnick (Ret), who is Of Counsel to Hertz Schram PC, focuses his practice on Alternative Dispute Resolution, including formal and informal arbitration, mediation, and facilitation. Judge Sosnick was an Oakland County Circuit Court Judge for 24 years, during which he served in both the Civil and Family Divisions,

Recent Sixth Circuit Decision Expands the Scope of “Protected Activity” Under Title VII Discrimination and May Lead to a “New Breed” of Cases

In a case entitled EEOC v New Breed Logistics, the Sixth Circuit Court of Appeals affirmed the district court’s denial of the defendant-employer’s motions for judgment as a matter of law or a new trial following the jury’s determination that New Breed’s supervisor engaged in sexual harassment and retaliation under Title

Howard Hertz and Joe Bellanca Help Kick Off World IP Day

On April 23, 2015, Hertz Schram’s entertainment and intellectual property team of Howard Hertz and Joe Bellanca helped kick off World IP Day celebrations in Detroit at the Charles H. Wright Museum of African American History. This year’s event was titled “Your Copy, Your Rights: Protecting Your Music” in an

Refusal to Accommodate Telecommute Request Does Not Violate ADA…In Certain Situations

An Employer’s Refusal to Accommodate an Employee’s Request to Telecommute Is Not A Violation of the Americans With Disabilities Act Where Regular and Predictable On-Site Attendance Is An Essential Job Function On April 10, 2015, an en banc panel of the Sixth Circuit Court of Appeals affirmed the Eastern District of Michigan’s

Effective and Enforceable Noncompetition Agreements with Employees – Reasonableness is the Key

Businesses often protect their goodwill, customers, and historical and future success through requiring that key employees enter into restrictive covenant agreements that restrict the employee’s activities during the employee’s employment and for a period of time after the employment relationship ends. The employee is typically restricted, for example, from engaging