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
    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.

  • Utah Business
    November 2014

    Kirton McConkie intellectual property attorney Nick Wells writes about some cautionary tales in the crowdfunding space. Consider the risks, invest in professional advice when appropriate and take responsibility for making the project a success. Click the title to read the article.

  • Utah Employment Law Letter
    October 2014

    Kirton McConkie employment litigation lawyer Ryan Frazier states in this article that while theft is a legitimate reason for discharging an employee, it does not prevent the employee from initiating a lawsuit to test the limits of the at-will-employment doctrine. Click the article title to read.

  • World Trademark Review
    October 14, 2014

    Kirton McConkie intellectual property attorney Nicholas Wells was interviewed for this article. To read more click the article headline. The USPTO’s statistics for the year to date report that just 2.6% of international trademark applications (Madrid) are approved upon first action, compared to 34.1% of applications via TEAS Plus and 17% by TEAS. For applicants this creates a number of challenges, and begs the question of whether the direct route to registration is a better option.

  • Utah Employment Law Letter
    October 2014

    Kirton McConkie immigration attorney Jake Muklewicz addresses the Muklewicz frustration over not getting enough skilled employees due to the artificial quotas Congress places on the H-1B visa category. One resolution he provides for employers is the TN Visa category. Click the title to read more.

  • InsideCounsel
    September 17, 2014

    Friend-of-the-court briefs offer an important, even an irreplaceable, means of shaping judicial decisions that will determine how many businesses establish and defend their intellectual property rights.

  • InsideCounsel
    September 3, 2014

    Parties should be aware that prosecution and litigation of patents in foreign jurisdictions may have an impact on the enforcement of their corresponding U.S. patent rights

  • Utah Employment Law Letter
    August 2014

    Kirton McConkie litigation attorney Brinton Wilkins outlines a case, which went to the U.S. 10th Circuit Court of Appeals. A terminated employee argued that his demotion was retaliatory and violated Title VII of the Civil Rights Act of 1964. Click the article title to read.

  • InsideCounsel
    August 20, 2014

    It is often desirable to seek an alternative to the litigation process. Mediation is a well-accepted means of dispute resolution and an alternative to litigation.

  • InsideCounsel
    August 6, 2014

    Prevailing in a patent infringement action requires that the court understand the asserted patent claims the same way the plaintiff does. Courts come to this understanding through claim construction which takes place in the Markman hearing.

  • InsideCounsel
    July 23, 2014

    If the claims are carefully construed, the accused product identified and analyzed, and the claims applied to the accused product, the plaintiff has an accurate road map for the litigation ahead. If any of these steps are missing or inadequate, the plaintiff can expects problems to arise rapidly.

  • Utah Employment Law Letter
    July 2014

    Kirton McConkie employment litigation lawyer Ryan Frazier writes about a case where a part-time debate coach was passed over when the position was made full-time. The coach felt she was the most qualified candidate and concluded the decision to hire a male coach was gender discrimination. Find out why the U.S. 10th Circuit Court of Appeals (whose rulings apply to all Utah employers) concluded the hiring decision was devoid of discrimination. Click the article title to read more.

  • Law360
    July 11, 2014

    Kirton McConkie intellectual property attorney Ken Horton was interviewed by Law360 about a patent licensing network created by Google and other entities as protection from patent trolls.

  • InsideCounsel
    July 9, 2014

    Once an applicant has obtained a patent and has identified possible infringers in the marketplace, the question becomes what to do next. One of the most obvious steps is to contact the infringer by letter.

  • Utah Valley Business Q
    Summer 2014

    Kirton McConkie employment attorney participated with other notable Utah County executives in a roundtable discussion hosted by Utah Valley Business Q. Get some inside information on the hiring and firing process. Click the title to read the article.

  • CNN Money
    June 26, 2014

    Kirton McConkie tax and estate planning attorney Geoff Germane was interviewed by CNN in this article addressing how divorce doesn't put an end to your liability for joint debt accrued while you were married, even if the court rules your ex should pay it. Click the title to read the article.

  • Utah Employment Law Letter
    June 2014

    Kirton McConkie employment lawyer Brinton Wilkins outlines the lessons learned in a Title VII discrimination case. Click on the title to read the article.

  • Utah Employment Law Letter
    May 2014

    Kirton McConkie employment litigation attorney Ryan Frazier writes about a case in which an employee, in a retaliatory move, stole his former employer’s primary trade secret—its software product source code—and then freely handed it over to a major competitor.

  • Law360
    April 30, 2014

    The Supreme Court on Tuesday ruled in a pair of cases that the Federal Circuit's standards for awarding attorneys' fees to prevailing parties in "unreasonable" patent infringement cases must be eased. Read Kirton McConkie intellectual property lawyer Ken Horton's response to Law360 on why the high court's decisions matter. Click title to read.

  • E-Commerce Times
    April 25, 2014

    Kirton McConkie technology lawyer David Shaw was interviewed for this E-Commerce Times article about net neutrality. "While barring unreasonable commercial behavior that can harm the Internet may sound like Net neutrality, it may have pernicious consequences for consumers. 'Effectively, what it does is invite litigation for the next decade about what is harm to the Internet,' said attorney David J. Shaw. While its effort is laudable, the FCC is ignoring the basic problem of supply and demand, he added."

  • Utah Employment Law Letter
    April 2014

    Kirton McConkie employment litigation attorney Brinton Wilkins writes about a U.S. District Court for the District of Utah case where summary judgment was granted in favor of a county in a sexual harassment case filed by a court bailiff. The court found that given the law at issue—Title VII of the Civil Rights Act of 1964—and the evidence the parties presented, there was no way the county could lose. Thus, the court did not hold a trial. The bailiff, however, appealed that decision, arguing that she found evidence that justified a trial. Read the article to find out more.

  • LawDragon
    March 23, 2014

    While there are not many attorneys who have been around for the whole Internet governance debate, R. Shawn Gunnarson of Kirton McConkie in Salt Lake City, Utah, is one of those people. He was interviewed by LawDragon about his views on ICANN and Internet, privacy issues and Internet law.

  • Utah Employment Law Letter
    March 2014

    Kirton McConkie employment litigation attorney Ryan Frazier discusses whether employment decisions should be based on objective or subjective factors. While purely subjective factors in employment decisions can be risky, a recent decision from the U.S. 10th Circuit Court of Appeals shows courts will not automatically infer unlawful discrimination based solely on subjective factors in employment decisions.

  • Utah Employment Law Letter
    February 2014

    Kirton McConkie employment litigation lawyer Ryan Frazier outlines the possible impact of the U.S. 10th Circuit Court of Appeals upcoming ruling on same-sex marriage will have on the application of several employment laws and the affect it will have on the administration of employee benefits. This article analyzes the implications of the ruling in the employment context.

  • Utah Business
    February 2014

    Kirton McConkie franchise attorney Lee Wright cautions business owners to thoroughly understand a business model before launching into expansion to avoid . What determines whether a business is a franchise or business opportunity depends on the nature of the relationship, not what the owner calls it. Avoid penalties and fines by setting your business up correctly.

  • Technology Transfer Tactics
    January 2014

    Kirton McConkie intellectual property attorney Ken Horton comments in this article on the potential risk to reputation universities face when deciding to commercialize and license intellectual property with patent assertion entities (PAE). See page 6 of the article.

  • January 2014

    Kirton McConkie employment litigation attorney Ryan Frazier discusses the potential for conflict between employee or applicant religious beliefs with workplace rules and employment practices. Find out more about a case before the U.S. 10th Circuit Court of Appeals (whose rulings apply to Utah employers).

  • Utah Employment Law Letter
    December 2013

    Kirton McConkie employment litigation lawyer Ryan Frazier addresses whether an employer’s liability for harassment under Title VII of the Civil Rights Act of 1964 may depend on whether the alleged harasser is a supervisor or just another coworker.

  • Utah Business
    December 2013

    Kirton McConkie immigration attorneys Elaine Young and Jake Muklewicz address the errors some employers make by failing to meet the terms of the E-Verify Memorandum of Understanding or following the procedures in the various E-Verify and I-9 manuals.

  • Utah Employment Law Letter
    November 2013

    Kirton McConkie employment and litigation lawyer Brinton Wilkins addresses the role perception plays in discrimination claims. Read on to see how employers can find a measure of protection in their honestly held perceptions.

  • Charterology
    Fall 2013

    Kirton McConkie real estate and charter school attorney Joel Wright outlines Utah's Procurement Code as it pertains to charter schools. He addresses what school administrators need to know for various spending levels.

  • Utah Employment Law Letter
    October 2013

    Kirton McConkie employment litigation lawyer Brinton Wilkins discusses a case where a municipal police officer from Orem, Utah learned the hard way that even an understandable decision can mean termination. Read on to see how even municipal laws can play an important role in making sure employees toe the line.

  • Utah Employment Law Letter
    September 2013

    Kirton McConkie employment attorney Lance Rich discusses a case involving the claims of a Hispanic female feather tester who alleged her employer violated Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA) when, among other things, her hours were reduced and she was eventually terminated as part of a reduction in force (RIF).

  • September 2013

    Kirton McConkie estate planning attorney Geoff Germane discusses how the domestic Asset Protection Trust makes Utah attractive for asset protection and enhancement options like few other jurisdictions in the country. Most families and business owners want to enjoy their assets, but also want to control them, decide who else gets to enjoy them, protect them from creditors and predators, save them from as many taxes as possible, and even pass them along in some form or another to the next generation(s). Germane sums the new law up as having your cake and eating it, too.

  • JAMS Dispute Resolution Alert
    Summer 2013

    Kirton McConkie technology attorney R. Shawn Gunnarson is quoted in this article about the potential onslaught of domain name disputes as ICANN prepares to let 500 new top level domains go live.

  • Utah Employment Law Letter
    August 2013

    When originally passed, Title VII of the Civil Rights Act of 1964 did not prohibit pregnancy-related discrimination. This changed when the Pregnancy Discrimination Act (PDA) was enacted as an amendment to Title VII in 1978. Unfortunately, female employees still struggle with perceived and real pregnancy discrimination. The issue becomes complicated when the employee works in a position with physical requirements that may be unrealistic for a pregnant woman—for example, as a police officer. Read the article to see how The City of Chandler, Oklahoma, addressed issues involving a pregnant police officer.

  • Utah Employment Law Letter
    July 2013

    According to Murphy’s Law, anything that can go wrong will go wrong. There are ways employers can blunt the force of Murphy’s Law by understanding their legal obligations. The article addresses how one employer made sure its actions complied with the law and avoided the pain caused by Murphy’s Law.

  • Deseret News
    June 25, 2013

    Kirton McConkie adoption attorney Larry Jenkins was interviewed for this article on the recent Supreme Court case, which has been remanded to the lower court to determine if a child put up for adoption by the biological belongs with the white couple that had planned to adopt her or her biological father, who argued his rights under the Indian Child Welfare Act (ICWA).

  • Deseret News
    June 19, 2013

    Kirton McConkie adoption attorney David Hardy was interviewed for this article about the possibility of a putative registry to establish paternity so biological fathers who intend to help support and raise a child can preserve their rights.

  • The Utah Employment Law Letter
    June 2013

    The case discussed in this article helps illustrate when an employee may have a justifiable belief that he has been the subject of race discrimination.