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.

  • 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.

  • 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.

  • HR Hero
    February 19, 2014

    Kirton McConkie employment litigation attorney Ryan Frazier was interviewed for this article on managing the paperwork generated by the hiring process.

  • 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).