Before SNL's Weekend Update, before Colbert, before YouTube and its ubiquitous political satire, there was That Was the Week that Was, a/k/a TW3. Each week from 1963 to 1965 sexy folksinger Nancy Ames would belt out the TV show's theme song that began "That was the week that was, it's over, let it go..."
Which is how I feel about 2020. The problem is that many of us can't let 2020 go. Until the vaccine is rolled out, you can still get Covid and suffer from lingering side effects. Like me, you may have lost a loved one in 2020 and are mourning their loss - in relative isolation. Or perhaps you lost your job because of Covid and are trying to figure out how to pay your bills, as the Washington politicians bring out their assorted axes to grind in the last days of the Trump administration. And the gap between the very rich and everyone else is growing.
Be that as it may, we persevere. And so we move from deep thoughts about 2020 to the more navigable waters of what we talked about in 2020:
> In February, we discussed how to make your external contracts posted on your website enforceable - or "sticky." In my experience, businesses discount the importance of that process, so please re-read this post if you use your company website as the vehicle to have your customers or suppliers find out about (and supposedly agree to) your purchase order or other terms and conditions.
> In March, we examined the challenge to the "goats-on-a-roof" trademark, and why it failed, much to the delight of the owner and licensees of that very unique mark.
> In April, we explained why it's better not to litigate over a force majeure clause, settle your contract dispute without lawyers, and donate the money that you would have paid your lawyer to a worthy charity working to mitigate the pandemic's impact.
> In May, we discussed a famous interior decorator's lawsuit against the Mackinac Hotel over the ownership of memorabilia placed in the rooms and whether that placement may constitute the tort of conversion under Michigan law.
> In June, we listed the common ways that business contracts are mismanaged and ways to correct that failure. This post is especially important to smaller companies that lack a legal department or contract manager to keep their contracts in good order.
> In August, we learned the lessons from the court's rejection of the Trump family non-disclosure agreement and how to avoid these pitfalls in your own NDAs.
> In September, we examined the Kent County business court's handling of a lawsuit that alleged some rather retro causes of action for remedies concerning an "unbearable" Labradoodle.
> In October, we discovered what happens when the person in charge of managing your contracts performs like a codfish.
> In November, we learned that in Michigan, employment-related restrictive covenants such as non-competition and non-solicitation clauses have teeth.
> In December, I highlighted my appearance on Law Insider's "Contract Teardown" show, hosted by Mike Whelan, where I analyzed the peculiar qualities of the Icon A5's ("the jet ski with wings") purchase and operating agreements.
Hopefully, you found these posts informative and entertaining. In 2021, we'll strive for more of the same as we try to move on from 2020.
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