J. Kevin Winters
is a Lawyer in East Lansing, MI
Areas of Law
- Business law
- Commercial law
- Real Estate
- Employment
- Intellectual Property
- Trust and Estate
- Litigation.
Contact Information
| Currently Employed At |
3515 Coolidge Road, Suite 1
East Lansing, MI 48823
|
| Phone |
517-908-3370
517-906-3380
|
| Website |
www.winterspc.com
|
Overall Client Rating
5.0 out of 5.0
- 5.0Communication Ability..................
- 5.0Responsiveness...........................
- 5.0Quality of Service.........................
- 5.0Value for Money...........................
- Data based on 1 reviews
- 1 clients recommend this lawyer
- Last reviewed on Jun 29, 2011
Overall Peer Rating
in
Rated Practice Areas
4.7 out of 5
- 4.8Legal Knowledge...........................
- 4.7Analytical Capabilities...................
- 4.7Judgment.....................................
- 4.9Communication Ability..................
- 4.6Legal Experience..........................
- Meets Very High Criteria of General Ethical Standards
Experience & Credentials
| Admission Details | Licensed in New York
Licensed in Michigan
United States Federal District Court , Eastern District of Michigan
United States Federal District Court, Western District of Michigan
United States Bankruptcy Courts
To practice before the United States Internal Revenue Services
To practice before the United State Patent and Trademark Office | | Education | Doctorate of Jurisprudence, Thomas M. Cooley Law School, cum laude 1998
Bachelor of Business Administration, Mansfield University, cum laude 1994
Currently a candidate in the Thomas M. Cooley Intellectual Property LLM program. | | Birth Information | Corning, New York, October 27, 1958 | | Associations & Memberships | New York State Bar Association
State Bar of Michigan
American Bar Association Intellectual Property Committee Member
? Copyrights/Trade Secrets/Unfair Competition. | | Awards & Recognition | The Bench described Mr. Winters? court arguments as ?interesting and ingenious? and also stated ?Mr. Winters has done a good job.?
Opposing counsel described Mr. Winters as ?a good advocate.? | | Speaking Engagements | ? Fair Labor Standards Act in Michigan (Lorman Education Seminar)
? Advanced Topics? in Family Medical Leave Act (Lorman Education Seminar)
? Leadership Training for Non-Profit and Tax Exempt Organizations sponsored by Michigan United Conservation Clubs
? Intellectual property issues with Estate Planning ? Ingham County Bar Association Probate and Estate Section.
? Intellectual Property issues with Estate Planning ? Jackson Area Estate Planning Group.
Adjunct Professor Thomas M. Cooley Law School
? New York Civil Procedure
Adjunct Professor Lansing Community College
? Legal Writing
? Business Law
? Legal Research | | Civil Associations | ? Rotary Club of Lansing
? Habitat for Humanity
? Greater Lansing Area Red Cross | | Publications | ? When Clubs Employ Minors
? Michigan Sports Shooting Range Act
? Tax Filing for Non-Profit and Tax Exempt Organizations
? Club Review
Books/Pamphlets:
Trade Secrets ? A Desk Reference | | Additional Bio Details | J. Kevin Winters is the founder and President of JK. Winters P.C., which is an AV rated law firm that practices in the areas of corporate law, commercial/business law, including IP, employment and real estate. The firm also has an active practice in estate planning and administration. Many areas of legal practice include sub areas. Below is a brief explanation of the practice areas and related sub areas.
ESTATE PLANNING
An estate consists of the property that a person owns or controls. Estate planning is the process of preparing a person?s estate for disposition. For many, estate planning offers a way of avoiding uncertainties over the administration of a probate which can be costly and time consuming. Another reason people choose to develop an estate plan is to maximize the value of the estate by reducing taxes and other expenses.
The components of an estate plan can be widely varied. Some examples of typical estate planning documents are the will, trusts, beneficiary designations, powers of appointment, property ownership, gifts, and powers of attorney. Other related matters are:
1. Tax Considerations:
? Federal estate and gift tax
? Federal generation skipping transfer tax
? Fiduciary taxes
? State property tax
? State and county transfer taxes
2. Payment of Debt and Expenses:
? Funeral and burial arrangements
? Gifts of tangible or intangible personal property
? Gifts of business interests
? Gifts of family cottage or vacation home
3. Testamentary Trust:
? General considerations for selecting the type of trust
? Trust for parents or other relatives
? Short form trust for minor beneficiaries
? Certificate of trust existence and authority
4. Fiduciary and Administrative Powers:
? Appointment of fiduciary
? Trustee
? Guardian
? Conservator
5. Right to Refuse Medical Treatment/Organ Donation
6. Marital Agreements
7. Retirement Planning with Retirement Benefits
CORPORATE LAW
The Corporation
Corporate Law is the law of what has undoubtedly become the most prolific of the business enterprises - - the corporation. The practice of Corporate Law focuses on the rights and duties of directors, officers, employees, creditors, shareholders and other stakeholders such as consumers, and the community. The corporation is, legally speaking, a ?person? with its own separate legal entity. Though the word ?corporation? may evoke images of Wall Street and Lear jets, the corporation is a business entity that can be tailored to meet the needs of even the smallest operations.
There are several advantages to operating as a corporation, such as:
? Limited liability of the shareholders (so that when a company is insolvent, they only owe the money that they subscribed for in their shares)
? Limited liability of the directors, officers, and employees (so that when a corporation is insolvent, creditors of the corporation cannot come after the directors, officers, or employees)
? Delegated management (in other words, control of the corporation is placed in the hands of the board of directors)
? Transferability of ownership (shares are easily transferable, subject to certain securities regulations)
? Perpetual existence (the corporation is its own separate legal entity, which provides continuity)
Corporate Law includes everything from the initial setup of the corporation to the dissolution thereof. Corporate Law matters include such topics as:
1. Forming the Corporation:
? Articles of Incorporation
? Bylaws
? Share certificates
? Assumed name certificate
? Organizational minutes and consents
? Funding the new entity
? Federal and state tax registration
2. Operating the Corporation:
? Management and governing bodies
? Shareholder rights
? Financial strategy
? Operational tax issues
? Employment matters
? Transferability of ownership
? Distributions of equity
3. Dissolution of the Corporation:
? Procedures and obligations
? Collection and distribution of corporate assets
The Limited Liability Company
Another popular choice of business entity is the Limited Liability Company (?LLC?). The LLC is a more recently developed business entity that shares a few characteristics with the corporation; however, there are significant differences between the two entities. The most notable similarity is that LLC owners (referred to as ?members?) have the liability protection of a corporation. The owners of LLC?s are referred to as either members or managers. LLC?s may be operated by a single member or manager. Some of the differences between corporations and LLC?s include the way they are taxed, ownership restrictions, and the need for corporate formalities. To find out more about LLC?s and whether the LLC is the best business entity for your needs, contact JK. Winters P.C.
COMMERCIAL/BUSINESS LAW
Commercial Law, sometimes referred to as Business Law, is a phrase used to designate the whole body of laws applicable to the rights, dealings, transactions and relations of individuals and entities in commerce. Examples of matters involved in this practice area include:
? The Uniform Commercial Code
? Truth in Lending Law
? Consumer Protection Laws
? Contract Law
? Banking Law
? Arbitration Law
? Tax Law
? Employment Laws
? Intellectual Property Laws
? Dispute Resolution (i.e. mediation)
? Administrative Law ? Governmental Agencies
- Licensing matters
- Liquor control
- Permits
EMPLOYMENT LAW
Employment law deals with the relationship between the employer and the employee. There are many topics contained within that relationship such as:
1. Prohibition Against Discrimination in Hiring
? Advertising openings and filling vacancies
? Pre-employment inquiries
? Background checks (i.e. credit checks, criminal checks,
educational records checks)
? Testing applicants (what is permitted or prohibited)
? Employment law postings
? Veterans and employees in military service
? Immigrant employees
? Labor laws affecting children
2. Establishing Employment Relationship
? Types of employment relationships
? Employer?s status and formation of employment relationship
? Individual?s status and formation of employment relationship
? Presumptions at law and the employment relationship
(i.e., at will, just cause discharge, CTC)
? Employment contracts and limiting provisions in those contracts
3. Compensation and Fringe Benefits
? Minimum wage requirements and overtime pay under the
Michigan Minimum Wage Act and Fair Labor Standards Act
? Payment of wages and fringe benefits
? Leave of absence
4. Personal Files and Employment Records
? Federal recordkeeping requirements
? State recordkeeping requirements
? Document retention policies
? Discrimination issues after hire
? Americans With Disabilities Act and Persons
With Disabilities Civil Rights Act
5. Preventing Discrimination Issues After Hire
? The Americans With Disabilities Act requirements and prohibitions
? Consideration for human resource professionals coverage under the Americans With Disabilities Act
? Michigan Persons With Disabilities Act with definition of the employer and the person with disability and other requirements
6. Family Medical Leave Act
? Covered employees for disability for FMLA leave
? Circumstances under which FMLA leave may be sought
? Recordkeeping requirements
? Enforcement of FMLA rights
7. Evaluation and Discipline of Employees
8. Investigating Employee Conduct
? Federal and State restrictions on investigating (i.e., eavesdropping, computer use, email, testing for drugs and otherwise)
? Unionized employees
9. Workers Compensation
? General overview of workers compensation law
(including coverage, liability, administration)
10. Safety Issues - MIOSHA and OSHA
? Michigan Occupational Safety and Health Act standards
and regulations
11. Safety Issues ? Controlling Workplace Violence
? Workplace safety ? the employer?s obligations such as
respondeat superior
? Negligent supervision and retention
? Guidelines for avoiding workplace violence and liability associated
with same
12. Union Organizing and Unionization
? Unionized workforce
? National Labor Relations Board
? Issues associated with unionization
13. Severing the Employment Relationship
? Grounds for termination
? Discharge procedures
? Employer self-evaluations
? Negotiating severance of the employment relationship
(i.e., termination contract)
? Unemployment insurance
? ERISA benefits
14. Hiring Practices
15. Non-Compete / Non-Disclosure Agreements
INTELLECTUAL PROPERTY
Intellectual property (?IP?) is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized ? in the corresponding fields of law. Under intellectual property, owners are granted certain exclusive rights to a variety of intangible assets such as music, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. These exclusive rights allow owners of intellectual property to benefit from the property they have created, providing a financial incentive for the creation of an investment in intellectual property.
Common types of Intellectual Property include:
? Agreements on Trade Related Aspects of IP rights (TRIPs)
? Industrial Design Rights
? Public Domain
? Trade Secrets
? Patents
? Trademarks
? Service marks
? Copyrights
? Fair dealing
? Infringement
REAL ESTATE
Real estate simply defined is the land and rights in objects pertaining to the land. The law relating to real estate applies to ownership, conveyance, encumbrances, and regulation of real estate. The following are some of the areas that are involved in real property.
1. What Constitutes Real Property
2. Oil, Gas and Mineral Rights
? Severing mineral rights, royalty interests, property leases for mineral rights
? Forfeiture of mineral rights
? State regulation of the Oil and Gas Conservation Act
? Michigan utilization law
? Dormant Mineral Acts
? Taxes related to mineral interests
? Orphan Well Fund Program
3. Water-Related Property Rights
? Ownership of bottomland
? Use of service water by riparian owners
? Consumptive use of sub-surface water
? Public rights on navigable waters
? State control and regulation of water
? Flowage rights, dams, and drainage
4. Fixtures
? Nature of fixtures
? Financing of fixtures (i.e., attachment of professional security interest)
? Improvement to another?s property
5. Taxation
6. Legal description
? Surveyors and surveying
? Easements
? Easements versus other interests
? Types of easements
? Creation of easements
? Duration, extension, and responsibility of the parties
? Transferring easements
? Terminating easements
? Interfering with easement rights (fire walls, light, air, and view)
? Subjacent and lateral support
? Statutory easements for condominium projects
? Conservation easements
7. Different Types of Estates
? Life estate
? Conditional estates
? Estates of inheritance
? Fee simple estates
8. Rights Acquired by Marriage or Cohabitation
? Dower
? Homestead
9. Concurrent Ownership
? Tenancy in common
? Joint tenancy
? Tenancy with full rights of survivorship
? Tenancy by the entirety
? Partnership
? Joint venture
10. Deeds
? Requirements for valid deeds
? Different forms of conveyances:
- Quit claim deeds
- Warranty deeds
11. Title
? Marketable title
? Evidence of title
? Resolving title problems
12. Real Estate Brokers
? Government regulation of brokers and listing agreements
? Broker?s duty to the principal
? Agencies
13. Real Estate Sales Contracts
? What is a valid sales contract
14. Land Contracts
? What is a valid land contract and the rights related thereto
? Defaults and remedies
15. Closings
? Responsibilities of parties
? Issues surrounding closings
16. Mortgages
? What makes a valid mortgage and the different types
of mortgages in Michigan
? Defaults and remedies
17. Construction
? Construction lending
? State construction code
? Construction contracting
? Subcontracting
? Construction liens
18. General Land Use Issues
UNIFORM COMMERCIAL CODE
The UCC deals with goods (not services) that are sold to the public and businesses and the financing to purchase those goods.
? Sale of Goods
? Security Interest ? a lien against the goods to secure repayment
? Promissory Note ? a note between the borrower and creditor for the purchase of the goods
? Negotiable Instrument ? document that can be negotiated (transferred for value)
COLLECTIONS
The practice area of collections is exactly as it sounds. Collecting the money for the non-payment of the promissory note and sometimes also collecting the property for the break of the Security Agreement.
CREDITOR?S RIGHTS
Creditor?s Rights are the rights that creditors have against those who owe them money or property. Sometimes this may involve a matter being filed in the U.S. Bankruptcy Court to try to prevent a debt owed to the creditor from being discharged in the debtor?s bankruptcy case.
LITIGATION
Litigation occurs when the above relationships break down. Litigation is a process that involves the judicial system to resolve the dispute. Any of the areas of law set out above can have litigation associated with them. Litigation is a means to an end. The court will decide who the ?winners? and ?losers? are. Litigation is not for everyone. It is an adversary process and can take a great deal of time, money and effort on the part of the parties and their counsel. It is the opinion of JK. Winters P.C. that litigation should be the last resort when all else has failed. The attorneys at JK. Winters P.C. have experience in various types of litigation such as contract, employment, intellectual property, real estate, landlord tenant, administrative matters, creditor?s rights, and securities fraud, just to name a few. |
Office Information
J. Kevin Winters
3515 Coolidge Road, Suite 1
East Lansing, MI 48823
|