Articles

The articles, white papers and blog posts in this section include those written by our attorneys and articles for which our attorneys were interviewed. This is for informational purposes only. You should not act upon article content without seeking professional legal counsel regarding your particular situation or issue.

Please click on titles to read the articles. Sort by the following variables to narrow the list based on your interests. Be sure to check our archived articles as well.

  • Utah Employment Law Letter
    June 2016

    Kirton McConkie attorney Ryan Frazier discusses the U.S. Department of Labor final rule and what employers must do to ensure compliance.

  • Utah Employment Law Letter
    May 2016

    Kirton McConkie attorney Ryan Frazier discusses the hot topic in the classification of Uber and Lyft drivers.

  • Utah Employment Law Letter
    April 2016

    Kirton McConkie employment lawyer Ryan Frazier talks about new Utah law and how employers need to be aware of this revision of the law and consider how it may affect the use of noncompetition covenants in the future.

  • Utah Employment Law Letter
    March 2016

    Kirton McConkie employment lawyer Ryan Frazier talks emplyoment contracts. Read on to find out when a promise of continued employment may be more than a promise—and when it may be a contract. 

  • Westlaw Journal
    February 2016

    Kirton McConkie employment lawyer Ryan Frazier talks about the possible legal consequences for employers if associated with an onsite league.

  • Utah Employment Law Letter
    December 2015

    Kirton McConkie employment lawyer Ryan Frazier talks about the legal consequences for improperly conducting employee background checks.

  • Noncompliance with New EU Data Privacy Rules can be Costly
    Reprinted with permission by Corporate Compliance Insights
    November 5, 2015

    Kirton McConkie international attorneys Thomas Monson and Kyle Peterson wrote a post for the firm blog, Perspective, which was picked up as a story for Corporate Compliance Insights.

  • A Kirton McConkie publication
    August 2015

    Kirton McConkie adoption attorney Larry Jenkins highlights key questions prospective parents should ask when hiring a lawyer for a direct placement adoption.

  • July 2015

    Kirton McConkie employment lawyer Ryan Frazier highlights the bottom line for employers regarding same-sex marriages. Click title to read.

  • InsideCounsel
    July 17, 2015

    Kirton McConkie immigration lawyer Jake Muklewicz continues his discussion of the L-1 visa category in this second article in a two-part series. Click title to read article.

  • Less Can Accomplish More for Immigration Reform
    Litigation Strategies For Immigration Issues
    2015

    Kirton McConkie immigration attorney Jake Muklewicz contributed a chapter to the book Litigation Strategies for Immigration Issues, which was published by Thomson Reuters/Aspatore. Rather than radical immigration reform, he makes a case for a more practical and fair approach to resolve various immigration issues.

  • InsideCounsel
    June 19, 2015

    Kirton McConkie immigration lawyer Jake Muklewicz provides an overview in part one of a two-part series on the L-1 visa category, which is available to foreign nationals who work for a U.S. company's foreign parent, subsidiary, affiliate or branch office for at least one aggregate year within the three years immediately preceding the filing of an L-1 petition. Click title to read article.

  • KUTV
    June 18, 2015

    Kirton McConkie technology lawyer David Shaw was contacted by KUTV's Matt Gephardt to answer a viewer question about whether a contract with Dish Network is broken if channels the viewer wants are dropped. Click to view.

  • Utah Employment Law Letter
    June 2015

    Kirton McConkie employment litigation lawyer Brinton Wilkins discusses the importance of carefully drafting language that protects an employer’s ability to make necessary business-related changes to its benefits plans.

  • Utah Employment Law Letter
    May 2015

    Kirton McConkie employment litigation lawyer Ryan Frazier talks about compliant employee handbook policies and the National Labor Relations Board's (NLRB) review and interpretation of employee rights under Section 7 of the National Labor Relations Act (NLRA). Click the title to read more.

  • InsideCounsel
    May 21, 2015

    Kirton McConkie intellectual property lawyer Nick Wells outlines 13 pointers to guide trademark due diligence in M&A transactions. Given the value of most brands, a high level of review and documentation is appropriate.

  • InsideCounsel
    May 15, 2015

    Kirton McConkie immigration attorney Jacob Muklewicz addresses how many U.S. employers unfortunately do not utilize the TN visa category, and the advantages it has over H1-B visas. Click the title to read more.

  • Communications Daily
    May 14, 2015

    Kirton McConkie technology lawyer Drew Clark was interviewed for this article on state commitment to get universal access to fiber-to-the-home networks. Click the article title to read.

  • InsideCounsel
    May 7, 2015

    Kirton McConkie intellectual property attorney Nick Wells explains why here are significant differences between trademarks, domain names and trade names and how understanding the differences can help you properly protect your intellectual property.

  • Immigration Law360
    April 30, 2015

    Kirton McConkie immigration attorney Jake Muklewicz was interviewed for Law360's Immigration column. Click title to read the article.

  • Utah Employment Law Letter
    April 2015

    In this month's Immigration Alert column, Kirton McConkie immigration and international attorney Elaine Young overviews recent changes affecting employers’ ability to attract and retain foreign workers. Click title to read article.

  • InsideCounsel
    April 23, 2015

    Find out the three aspects of trademarks that cannot be changed after registration. Kirton McConkie intellectual attorney Nick Wells guides you through mistakes you must not make when registering a trademark.

  • InsideCounsel
    April 9, 2015

    Some trademark registrations may provide only a small amount of protection, but investing in a portfolio of intellectual property has real advantages. Kirton McConkie intellectual property lawyer Nick Wells explains why. To read more, click the article title.

  • InsideCounsel
    March 26, 2015

    Kirton McConkie intellectual property attorney Nick Wells explains why many trademark owners, unfortunately, assume  once the mark is registered, the brand is secure. Find out more by clicking the article title.

  • Utah Employment Law Letter
    March 2015

    Kirton McConkie employment litigation lawyer Ryan Frazier addresses employers duties to accommodate employees' religious practices and beliefs under Title VII. Click the title to read the full article.

  • Utah Employment Law Letter
    March 12, 2015

    On March 12, Utah Governor Gary Herbert signed into law newly enacted legislation aimed at preventing employment and housing discrimination against gays, lesbians, and transgender individuals. Click the article title to read more.

  • InsideCounsel
    March 12, 2015

    Tim Tebow may have had it right all along, while Jeremy Lin shot up a brick.

  • InsideCounsel
    March 5, 2015

    Update on The America Invents Act (AIA), including a chart to serve as a decision tool when considering your options for these types of proceedings. Click the article title to read more.

  • E-Commerce Times
    February 23, 2015

    Kirton McConkie attorney David Shaw was interviewed for this E-Commerce Times article about Google's launch of YouTube Kids, a new mobile app designed to deliver family-friendly video content. Click the article title to read more.

  • February 2015

    Kirton McConkie employment litigation lawyer Brinton Wilkins address possible termination for sexual activity on school grounds--even if no student is involved and only one person is engaged in the activity. Click on the article title to read more.

  • InsideCounsel
    February 19, 2015

    The FAI program should always be considered in the process of filing a patent application, but first it needs to be understood.

  • InsideCounsel
    February 5, 2015

    Restriction requirements can be frustrating, so here's how to prevent and overcome them.

  • Utah Business
    January 2015

    Kirton McConkie intellectual property lawyer Nick Wells acknowledges most people don’t want to use lawyers, but most will need one at some point. He shares six important rules for building a solid client-attorney relationship and improving your overall experience. Click article title to read full article.

  • January 2015

    The legal landscape related to sexual orientation and gender identity has been shifting in recent years. Recent lawsuits and statements by key governmental officials have now placed transgender/gender identity discrimination and other issues at the forefront. Click the article title to read more.

  • InsideCounsel
    January 22, 2015

    These tips help make sure your interview is efficient and economical for advancing prosecution of your patent application.

  • InsideCounsel
    January 8, 2015

    Kirton McConkie intellectual property attorney Ken Horton addresses the importance of keeping relationships among patents in a “patent family” clear. Click title to read more.

  • San Jose Mercury News
    December 30, 2014

    Kirton McConkie immigration attorney Jake Muklewicz poses his solutions to fixing the dysfunctional immigration system without massive reform in this letter to the editor. Click the title to read more.

  • InsideCounsel
    December 26, 2014

    The time a patent examiner has at his disposal is beyond the client’s control, but this is not true with the prior art reference.

  • The Hill
    December 17, 2014

    Kirton McConkie attorney Shawn Gunnarson was interviewed for this article on the current situation since the U.S. government announced earlier this year that it would give up its historic oversight of the Internet Corporation for Assigned Names and Numbers (ICANN), the principal organization responsible for managing the Internet's domain name system (DNS). Click the title to read more.