Perspective: Kirton McConkie Law Blog

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Showing 7 posts from June 2015.

Lose out in the H-1B lottery? What now?

Only 65,000 general-category and 20,000 advanced degree exemption visas were available this year to satisfy a demand of approximately 233,000 H-1B petitions. The caps were reached within a handful of days during the filing period. This is a frustrating situation for U.S. employers looking for skilled workers, and leaving many employers feeling the recruitment of skilled, foreign workers is pointless. Read More

Capital raising strategies for private companies

Capital is the lifeblood of small to medium sized companies, whether it comes from a bank, from a wealthy friend or relative, from a group of angels, or from one or more investors who believe in your company and its products or services. This post is an overview of key considerations for companies looking to raise capital. Subsequent posts will address these topics in more detail. Read More

Trademark ruling impacts nutritional supplement naming

The Court of Appeals for the Federal Circuit (CAFC) recently issued a trademark ruling relevant to many Utah companies that sell nutritional supplements. In re TriVita, Inc., 2014-1383 (Fed. Cir. 2015). In this decision, the CAFC agreed with the U.S. Patent & Trademark Office (USPTO) that the term NOPALEA was descriptive for dietary and nutritional supplements containing “nopal” juice. TriVita, Inc. had filed a trademark application for the trademark NOPALEA. Read More

Employers face a dilemma when presented with employee EADs

When hired, employees must complete I-9 forms and attest under the penalty of perjury that they are either U.S. citizens, U.S. nationals, Lawful Permanent Residents (i.e., green card holders), or aliens authorized to work in the U.S. What should employers do, then, when employees who they thought had proper work authorization suddenly present Employment Authorization Documents (EADs) issued pursuant to Deferred Action for Childhood Arrivals (DACA) or Deferred Action for Parental Accountability (DAPA)? Read More

Some are calling it a second “broadband moment”

More than six years after the American Recovery and Reinvestment Act was responsible for more than $7 billion in federal funds being spent on broadband infrastructure, Internet adoption and telecommunications mapping, there is a new level of interest in re-vising the National Broadband Plan, as laid out by the Federal Communications Commission (FCC) in 2010. Read More

Comparison of post-grant proceedings

The America Invents Act (AIA) passed by the U.S. Congress was implemented in 2012 and 2013. The AIA introduced several new post grant proceedings of the U.S. Patent & Trademark Office, as well as changes to some existing post grant proceedings, allowing both patent owners and challengers to attack (and defend) the validity of an issued patent. Read More

The impact of U.S. sanctions on Russia and Crimea to international trade

In a visit to Salt Lake City earlier this year, His Excellency Sergey I. Kislyak, the Ambassador of the Russian Federation to the United States, argued that the United States should remove the sanctions it has imposed upon Russia and the Crimea region. Complaining that “principles of free trade are easily hijacked for political purposes,” he stated, “[t]he more economic relations we have, the better it is for political relations.” Read More