Articles Archive

The articles and blog posts in this section include those written by our attorneys or for which attorneys were interviewed. Articles are archived to this section after two years.

This is for informational purposes only. You should not act upon article content without seeking professional legal counsel regarding your particular situation or issue.

  • Utah Employment Law Letter
    May 2017

    Since the civil rights movement of the 1960s, state and fed­eral laws have been enacted to prohibit employment discrimi­nation against individuals on the basis of their race, ethnicity, age, disability, religion, and gender. Until recently, virtually none of those antidiscrimination laws covered employment discrimination based on sexual orientation or gender iden­tity. Over the last decade, as issues related to sexual orienta­tion and gender identity have moved to the forefront of social consciousness, several states, including Utah, and certain fed­eral agencies, including the Equal Employment Opportunity Commission (EEOC), have started to recognize and address employment discrimination in that context.

  • Utah Employment Law Letter
    May 2017

    Although the origin of the phrase “jumping through hoops” is uncertain, it is generally accepted that it probably was a reference to circus animals jumping through hoops to please their trainers. The phrase is often used to refer to steps—usually ones deemed unnecessary—that must be un­dertaken before something can be achieved or attained. Many employment claims have hoops employees must jump through to achieve legal redress. For example, antidiscrimination laws typically require employees to seek redress with a federal or state agency before filing a lawsuit.

  • Utah Employment Law Letter
    March 2017

    Laws related to transgender discrimination are in a state of rapid flux. In the past couple of years, courts’ views on the law, particularly federal ones, have swung back and forth like a pendulum. Indeed, the interpretation of discrimination “be­cause of sex” under Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments Act is constantly changing, which leads to confusion for educators and employ­ers. Because of that, discrimination based on gender identity has been the topic of many articles in Utah Employment Law Letter. This article discusses the recent swings of the pendulum and what the swings may mean for employers.

  • Forbes
    February 17, 2017

    Jake Muklewicz, an attorney here at Kirton McConkie, is extensively quoted in a recent Forbes article about the changing environment of hiring foreign workers.

  • Law360
    February 1, 2017
  • Utah Employment Law Letter
    February 2017

    Public employees who have a right to continued employ­ment enjoy constitutional due-process protections that run-of-the-mill at-will employees do not. How can a public employer know if one of its employees enjoys constitutional protection? Well, the U.S. 10th Circuit Court of Appeals (whose decisions apply to all Utah employers) recently clarified that looking at an employee’s employment contract is a good place to start.

  • Utah Employment Law Letter
    January 15, 2017

    During the 1990s, Saturday Night Live, a popular TV sketch comedy show, featured a recurring gender-ambiguous character, Pat. The gag in Pat’s comedy sketches often involved others’ failed attempts to determine the seemingly androgynous character’s gender. The skits played off the then-prevailing view that a person’s gender falls into one of two categories: male or female. 

  • Utah Employment Law Letter
    January 2017

    In 2016, employers were confronted with many new laws, regulations, and issues. Companies geared up for a substantial change in the overtime rule, which ultimately didn’t take effect after a federal judge in Texas issued an injunction placing the rule on hold. The Utah Legislature enacted a statute that significantly changed the law applicable to noncompetition agreements. And Utah lawmakers also amended the Utah Antidiscrimination Act to require employers with 15 or more employees to provide reasonable accommodations in most instances when employees request them for pregnancy, birth, breastfeeding, and other related conditions.

  • Utah Employment Law Letter
    December 2016
  • Utah Employment Law Letter
    November 2016
  • Utah Business
    October 25, 2016
  • Utah Employment Law Letter
    October 2016

    Employers cannot interfere with employees’ right to take approved leave under the Family and Medical Leave Act (FMLA). Failure to respect FMLA leave rights can open an employer to liability. But that doesn’t necessarily mean you can’t take appropriate disciplinary action against an employee who is on leave. Read on to see how one company threaded that needle when it learned an employee on leave had what appeared to be a long history of hidden misbehavior.

  • Chapter Editor (Attorney’s Fees), Employment Discrimination Law by Lindemann, Grossman, Weirich
  • Utah Employment Law Letter
    September 2016
  • Utah Employment Law Letter
    August 1, 2016

    Kirton McConkie attorney Brinton M. Wilkins discusses the Supreme Court's 2011 ruling overtime exemptions and whether it actually covers service advisers or "salesmen."

  • Utah Employment Law Letter
    July 2016
  • 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.

  • Global Trends in Anti-Corruption Legislation: Mexico to Ramp up Enforcement Activity
    Reprinted with permission by Corporate Compliance Insights
    January 4, 2016
  • 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 Petersen 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.

  • 2015
  • 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.

  • 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.

  • May 2013

    Utah lawmakers recently passed the Internet Employment Privacy Act (IEPA) prohibiting employers from requiring employees or job applicants to disclose their passwords or user names for personal social media accounts. Employment attorney Darryl Lee outlines IEPA requirements, exceptions and violations.

  • A Kirton McConkie publication
    May 1, 2013

    Kirton McConkie's adoption law group outlines 12 things to consider in private or independent adoptions in Utah.

  • Media One Law Day supplement in the Salt Lake Tribune
    April 28, 2013

    Kirton McConkie employment and business litigation attorney Ryan Frazier was interviewed for the special Law Day 2013 supplement.

  • Technology: 20 critical information security controls
    Inside Counsel
    April 26, 2013

    Information security programs are mandatory for certain industries and most government agencies. It can bewilder in-house counsel to navigate the technical and administrative requirements. One framework is gaining acceptance as a best practice for information security programs: the SANS Institute’s Top 20 Critical Controls.

  • Estate Planning
    April 2013

    When "FLP" signifies "falling out of love with partnership," families should weigh their options and determine the most favorable approach to implement. Estate Planning lawyer Geoff Germane addresses the solutions families should consider when disenchanted with their family limited liability companies.

  • Technology: Transitioning from the firm to the corporation
    Inside Counsel
    April 12, 2013

    The transition from outside to inside counsel (or compliance officer) can be far more difficult than throwing out the billable hour. Focusing on three ingredients—people, process and technology—helps in-house counsel solve business problems in the corporate environment.

  • Utah Employment Law Letter
    April 2013

    A female U.S. Forest Service (USFS) employee applied for a management position, but was not selected though she was arguably the most qualified applicant. Instead, the USFS broadened its search, eventually awarding the job to a man with different qualifications than the female USFS employee. Read on to find out whether a court allowed her claims to proceed to trial.

    The Utah Employment Law Letter is edited by Kirton McConkie employment lawyer Darryl Lee and written by various firm employment and immigration attorneys.

  • Technology: Corporate counsel’s role in governing privacy and security risk
    Inside Counsel
    March 29, 2013

    The introduction of a privacy program within an organization can sometimes cause tension with the information security function. These tensions arise out of the common goals and purposes shared between the two groups. This article addresses how in-house counsel can provide leadership to executives and prove instrumental in harmonizing the privacy and security programs within their organizations.

  • Utah Valley Healthcare Foundation
    March 2013

    Kirton McConkie Estate Planning attorney Geoff Germane outlines a few of the changes from the American Taxpayer Relief Act of 2012 and what the changes mean to taxpayers.

  • The Columbia Science and Technology Law Review
    March 23, 2013

    Internet governance has long been troubled by an unresolved problem. Its dominant organization, the Internet Corporation for Assigned Numbers (ICANN), suffers from inadequate accountability. The Board’s unconstrained powers present the issue of power beyond right, the quintessential problem for constitutional law. This article proposes to resolve ICANN’s longstanding predicament by describing a strategy to strengthen its accountability. 

  • Law360
    March 20, 2013

    Kirton McConkie intellectual property lawyer Evan Witt was quoted in this Law360 roundup about the U.S. Supreme Court ruling on Kirtsaeng v. John Wiley & Sons Inc. The Supreme Court found that the Copyright Act's first-sale doctrine was not limited by geography and applied equally to goods made both in the U.S. and abroad, reversing a victory for John Wiley & Sons Inc. in the textbook publisher's copyright suit against a man who resold foreign editions of its books.

  • Law360
    March 20, 2013

    Kirton McConkie intellectual property attorney Dax Anderson comments on the U.S. Supreme Court's reversal of publisher John Wiley & Sons Inc.'s infringement case involving the Copyright Act's first-sale doctrine.

  • Law360
    March 18, 2013

    In what is turning out to be the year of immigration, Republicans and Democrats are finally coming to consensus on many of the major aspects of comprehensive immigration reform. Kirton McConkie immigration and tax lawyer Elaine Young helps employers understand how reform affects them and what changes may be on the horizon.

  • Technology: Is there any real incentive for safeguarding data in the information age?
    Inside Counsel
    March 15, 2013

    Can we reasonably expect the custodians of our data to take the steps necessary to safeguard our information? Or is that hope a pipe dream? In this article, the authors walk in-house counsel through the current reality of data protection to help companies see the upside of protecting consumers’ personal data.

  • TechHive
    March 11, 2013

    Kirton McConkie technology lawyer R. Shawn Gunnarson is quoted in this article about Amazon's domain name applications under the new ICANN gTLD expansion. Authors and other book sellers weigh in about why Amazon should not be allowed to own .read, .book and .author. Gunnarson comments that Amazon submitted its applications according to ICANN rules.

  • ALM Law Journal
    March 2013

    Kirton McConkie technology lawyer Dave Shaw cautions companies of all sizes to be more diligent with privacy policies. California has started enforcing its online privacy law and the Federal Trade Commission (FTC) is making changes to federal
    regulations regarding the online use of information from children, closer scrutiny than ever is being paid to this issue. With more scrutiny comes hefty fines and legal implications. This article examines compliance issues and what companies must do to ensure they are not in violation.

  • Utah Employment Law Letter
    March 2013

    Kirton McConkie employment and litigation attorney Darryl Lee cautions employers to review and revise handbook and related policies and procedures to ensure they maintain strong at-will-employment relationships with employees.

  • MacNewsWorld
    March 1, 2013

    Kirton McConkie intellectual property attorney Ken Horton was interviewed by MacNewsWorld on Apple's recent victory over Samsung in a Japanese district court allowing the company to continue to sell iPads and iPhones in Japan.

  • Forbes
    March 1, 2013

    Kirton McConkie business and tax attorney Matthew Wride was interviewed by Forbes about possible future tax consequences of crowdfunding.

  • Technology: 4 practical tips for improving critical infrastructure cybersecurity
    Inside Counsel
    March 1, 2013

    The threat to corporate information involves not only profits but also national security, and Washington is worried. Both houses of Congress perennially propose legislation to improve cybersecurity in the private sector. Attempts at legislation have failed, most recently in 2012. Now, the Obama administration is taking action. Kirton McConkie business and litigation attorney Matthew Richards co-authored this article.

  • Technology: GCs must strengthen their relationships with chief information security officers
    Inside Counsel
    February 15, 2013

    Kirton McConkie business and litigation attorney Matthew Richards co-authored this article about the growing concern over publicized data breaches, government sanctions against offending organizations, high-profile international policy disputes and myriad regulations. Learn what in-house counsel can do while working with their chief information security officers (CISO) to help mitigate concerns.

  • Utah Employment Law Letter
    February 2013

    Kirton McConkie employment and litigation lawyer Lance Rich addresses questions related to the Family and Medical Leave (FMLA) and Americans with Disabilities Act (ADA): Does an employee engage in protected activity under FMLA by notifying his employer of his plans to take FMLA leave, or must he actually take FMLA leave? If an employer accommodates an employee’s disability for a substantial period of time, does the Americans with Disabilities Act (ADA) prevent it from later firing him when he can’t perform the essential functions of his job? How can employers show that the ability to perform certain tasks is essential for a given job?

  • Regulatory: Do agencies have the power to determine the scope of their own jurisdiction?
    Inside Counsel
    February 2, 2013

    In 1984, the Supreme Court dealt with the question of whether agencies have the power to construe the statutes they are assigned to administer. Now before the Supreme Court in City of Arlington v. FCC is the question of whether or not similar rules apply when an agency is determining the scope of its own power and jurisdiction.

  • HR Hero Line
    January 29, 2013

    Kirton McConkie immigration lawyer Elaine Young was interviewed for this article. She comments on the advantages employers may see if the plan is passed as well as the learning curve and administrative delays if the employment status verification system, E-Verify,  becomes mandatory. The proposal, she says, emphasizes enforcement of immigration laws, so employers should continue to perform I-9 self-audits.

  • Regulatory: Patent office secrecy orders for commercial inventions may stifle development
    Inside Counsel
    January 23, 2013

    Congress passed the American Inventors Protection Act (AIPA), which provided, among other provisions, that U.S. patent applications would be published 18 months after filing. In this article, Metcalf addresses issues that have arisen over the years.

  • Bloomberg's Patent, Trademark & Copyright Journal
    January 2013

    Kirton McConkie intellectual property attorney Ken Horton outlines additional insights from the the U.S. Court of Appeals for the Federal Circuit regarding when a document posted online qualifies as a printed publication and, therefore, as prior art that can be cited against a patent or patent application under 35 U.S.C. § 102(b).

  • The Project to Restore America newsletter
    January 10, 2013

    Kirton McConkie regulatory lawyer Craig Metcalf writes about how Americans complain the government in Washington is gridlocked and can't get anything done. He contends a lot does get done, just in a different way from what most people would expect or like.

  • Regulatory: Making up the rules while the game is being played—FCC v. Fox
    Inside Counsel
    January 9, 2013

    Kirton McConkie regulatory lawyer Craig Metcalf addresses the case of Federal Communications Commission (FCC) v. Fox Televisions Stations and the FCC's use of vague policy statements on indecency issues.

  • Utah Employment Law Letter (January)
    January 2013

    The holiday rush is over and it’s time to make annual New Year’s resolutions relating to good employment practices. This article gives 11 helpful tips for improved human resources management.

  • Inside Counsel
    December 26, 2012

    When regulation is imposed there is almost always a corresponding discussion of its cost. Regulation, almost by definition, detracts from economic production and therefore results in a cost. The regulation may be justified on other grounds, such as safety, health, security and the like. However, rarely does regulation result in increased economic output, although some may argue that certain regulations ultimately result in increased production.

  • The Status and Threats to International Law on Freedom of Religion or Belief
    The Future of Religious Freedom: Global Challenges
    2012

    What is the status of religious freedom in the world today? What barriers does it face? What are the realistic prospects for improvement, and why does this matter? The Future of Religious Freedom addresses these critical questions by assembling in one volume some of the best forward-thinking and empirical research on religious liberty, international legal trends, and societal dynamics. For information on this book, click here.

     

  • The Corporate Counselor
    December 2012

    Non compete covenants are fairly common in employment agreements, especially where an employee may have access to confidential information or possess specialized, unique skills. Noncompete covenants are designed to ensure that employees do not directly compete with the employer when the employment relationship ends. Lawmakers and courts, however, do not seem to share an employer’s enthusiasm for  noncompete covenants.

  • Utah Employment Law Letter
    December 2012

    Employers often use the holiday season to show their appreciation for employees’ hard work and celebrate with employees in the workplace. Unfortunately, however, even an office holiday party planned with the best of intentions can create legal liability for you or even turn tragic.

  • Regulatory: Down the rabbit hole to EPA wonderland
    Inside Counsel
    December 12, 2012

    On August 21, in in EME Homer City Generation, L.P. v. Environmental Protection Agency, the D.C. Circuit vacated the Environmental Protection Agency’s (EPA) Transport Rules governing air pollution emissions, which travel across state boundaries. The rules defined emission reduction responsibilities of 28 upwind states. The rules governed SO2 and NOx emissions, primarily from coal and natural gas fired power plants.

  • Regulatory: A little good news for the regulated in Sackett v. EPA
    Inside Counsel
    November 27, 2012

    In a 9-0 ruling, the U.S. Supreme Court ruled in Sackett v. EPA that the Environmental Protection Agency (EPA) had violated due process rights in an enforcement proceeding brought under the Clean Water Act. The Act prohibits “the discharge of any pollutant by any person” into a “navigable water” without a permit. Upon finding a violation, the EPA can issue a “compliance order” or file a civil enforcement action. The statute gives the EPA power to fine violators up to $35,700 per day. The EPA contends the amount doubles to $75,000 per day when the EPA prevails against a person who has been issued a compliance order but failed to comply.

  • The Utah Employment Law Letter
    November 2012

    The Employment section attorneys at Kirton McConkie edit and write articles for The Utah Employment Law Letter (HRhero.com). Following is a link to one article from the current issue written by Kirton McConkie Employment and Litigation lawyer Lance Rich. The newsletter is edited by Employment and Business attorney Darryl Lee.

  • Bryce K. Dalton, Stern v. Marshall: How Anna Nicole Smith Almost Stripped Bankruptcy Courts of Jury Trials
    98 IOWA L. REV 337
    2012
  • Unwrapping Wraps: From Horse Traders to the Law of the Horse
    25 BYU J. Pub. L. 1
    2012
  • The Utah Employment Law Letter
    October 2012

    The Employment section attorneys at Kirton McConkie edit and write articles for The Utah Employment Law Letter (HRhero.com). Following is a link to one article from the September issue written by Kirton McConkie Employment and Litigation lawyer Brinton Wilkins. The newsletter is edited by Employment and Business attorney Darryl Lee.

  • The Journal Entry
    October 2012

    The time is quickly expiring to take advantage of current increased gifting limits. Every individual with an accumulated estate in excess of $1,000,000, particularly those with estates well in excess of that amount, should take advantage now before the opportunity expires December 31, 2012

  • Utah Employment Law Letter
    September 16, 2012

    Kirton McConkie immigration lawyer Elaine Young outlines a new immigration enforcement policy that opens new doors to thousands of immigrant youths who have graduated from American high schools but are not authorized to work in United States because they are here unlawfully. The new policy gives them a degree of legal protection from deportation and will authorize employment.

  • Utah Employment Law Letter
    September 2012

    The Employment section attorneys at Kirton McConkie edit and write articles for The Utah Employment Law Letter (HRhero.com). Following is a link to one article from the September issue written by Kirton McConkie Employment and Litigation lawyer Lance Rich. The newsletter is edited by Employment and Business attorney Darryl Lee.

  • Utah Employment Law Letter
    August 2012

    The Employment section attorneys at Kirton McConkie edit and write articles for The Utah Employment Law Letter (HRhero.com). Following is a link to one article from the August issue written by Kirton McConkie Employment and Litigation lawyer Lance Rich. The newsletter is edited by Employment and Business attorney Darryl Lee.

  • Healthcare Finance News
    August 23, 2012

    Kirton McConkie business and international attorney Chad Grange was extensively quoted in an article for Healthcare Finance News on the downward trend for life science venture capital funding. Grange takes a more bullish stance on the trends stating stars in the industry will attract venture capital in the future.

  • Law360
    August 21, 2012

    Kirton McConkie's Ken Horton published an article in Law360 regarding the final rules on third-party prior art submissions recently issued by the U.S. Patent & Trademark Office. In the article, Horton offers nine tips for third-party prior art submissions.

  • Utah Employment Law Letter
    July 2012

    The Employment section attorneys at Kirton McConkie edit and write articles for The Utah Employment Law Letter (HRhero.com). Following is a link to one article from the August issue written by Kirton McConkie Employment and Litigation lawyer Brinton Wilkins. The newsletter is edited by Employment and Business attorney Darryl Lee.

  • The Wealth Counsel Quarterly
    July 2012

    Kirton McConkie Estate Planning attorney Geoff Germane outlines options available to those who may have outgrown their family limited partnership (FLP).

  • Utah Business
    July 2012

    Kirton McConkie Business attorneys Gary Winger and Alex Pearson published an update to the Utah Revised Uniform Limited Liability Company Act in the July 2012 issue of Utah Business magazine. The LLC Act was slated to go into effect July 2012, but has been delayed until at least July 1, 2013.

  • The Utah Employment Law Letter
    June 2012

    The Employment section attorneys at Kirton McConkie edit and write articles for The Utah Employment Law Letter (HRhero.com). Following is a link to one article from the May issue written by Kirton McConkie Employment and Litigation lawyer Lance Rich. The newsletter is edited by Employment and Business attorney Darryl Lee.

  • Information Services, Technology and Data Protection
    46 The International Lawyer 1
    Spring 2012
  • Law360
    June 15, 2012

    Kirton McConkie intellectual property lawyer and former patent examiner Ken Horton addresses a recent case where the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences reversed an obviousness rejection because it relied solely on a legal principle.The board specifically held that reliance solely on a per se rule of obviousness is improper and ruled that when rejecting a claim as obvious over the prior art, the examiner must compare the claimed invention, including all its limitations, with the teachings of the prior art rather than relying on the legal principle alone.

  • Adweek
    June 13, 2012

    Kirton McConkie business and litigation attorney R. Shawn Gunnarson was quoted in an Adweek article today on ICANN's release of 1,930 new gTLDs applicants. He comments on ICANN's proposed selection process.

  • Law360
    June 13, 2012

    Kirton McConkie business and litigation attorney R. Shawn Gunnarson was quoted in the Law360 article, stating, "When those generic-term domains go online, brand owners will have many decisions to make about what to do with their trademarks." He added, "Companies would be well-advised to make a concrete list of trademarks they want to protect and the new domains for which they want to register their marks. Since no one knows whether the new domains will catch on, it would likely be prudent to overreact and file more defensive registrations than may seem necessary, he said.

  • The Utah Employment Law Letter
    May 2012

    The Employment section attorneys at Kirton McConkie edit and write articles for The Utah Employment Law Letter (HRhero.com). Following is a link to one article from the May issue written by Employment and Litigation lawyer Brinton Wilkins. The newsletter is edited by Employment and Business attorney Darryl Lee.

  • A Kirton McConkie publication
    2012

    Franchising can be a road to financial success, provided the franchisor approaches the process with realistic expectations and a sound business concept. In this guide, we outline nine basic aspects of your existing business that are essential to begin franchising.

  • A Kirton McConkie publication
    2012

    The franchise attorneys at Kirton McConkie answer questions they are frequently asked when a business owner or a company’s senior management is contemplating ways to expand a business. Often franchising comes to mind, but there are other business structures, including licensing, distribution agreements, direct sales and business opportunities.

  • The Utah Employment Law Letter
    April 2012

    The Employment section attorneys at Kirton McConkie edit and write articles for The Utah Employment Law Letter (HRhero.com). Following is a link to one article from the April issue written by Kirton McConkie Employment and Litigation lawyer Lance Rich. The newsletter is edited by Employment and Business attorney Darryl Lee.

  • Bloomberg Law Reports
    April 20, 2012

    Intellectual Property lawyer and former USPTO examiner Ken Horton offers several strategies for preventing patent restriction requirements from being imposed, overcoming imposed requirements and reducing the impact on the patent application.

  • Utah Employment Law Letter
    March 2012

    The Employment section lawyers at Kirton McConkie edit and provide articles for The Utah Employment Law Letter (HRhero.com). Following is an article from the March issue written by Employment and Business attorney Darryl Lee and Employment and Litigation lawyer Lance Rich.

  • Inside Counsel
    March 2012

    Business and Litigation lawyer Shawn Gunnarson  writes about the emerging nations pushing for government control over the Internet. The Internet is currently run by a private, California-based company, but all that could change. Read this article to find out why you should care about what is happening globally concerning Internet governance.

  • Inside Counsel
    March 7, 2012

    Business attorney Randy Johnson outlines the basic structure of and unique exclusions in a typical Directors & Officers policy to help readers maximize coverage and minimize surprises.

  • Bloomberg Law Reports
    March 5, 2012

    Intellectual Property attorney (and former USPTO examiner) Ken Horton takes readers through the basic steps of analyzing a patent rejection and then writing the reply.

  • Inside Counsel
    February 24, 2012

    Business and Litigation lawyer Shawn Gunnarson outlines ways companies can protect trademarks in light of the new ICANN domain names.

  • Inside Counsel
    February 22, 2012

    Business attorney Randy Johnson provides criteria defining franchises and how to avoid becoming an accidental franchise.

  • The Washington Post
    February 19, 2012

    Intellectual Property attorney Ken Horton was interviewed by Susan Decker of The Washington Post regarding the current trend in strategy to fight patent suits that shun the courtroom in favor of government reviews.

  • Utah Employment Law Letter
    February 2012

    The Employment section lawyers at Kirton McConkie edit and provide articles for The Utah Employment Law Letter (HRhero.com). This article from the February issue was written by Kirton McConkie Employment and Business attorney Darrell Lee.

  • Law360
    February 2012

    Real Estate attorney Bill Meaders provided a question and answer format about his experience with real estate transactions for Law360.

  • Inside Counsel
    February 8, 2012

    Kirton McConkie Business attorney Randy Johnson wrote this article for Inside Counsel in which he outlines the core functions of the bureau and how it intends to carry out its responsibilities.

  • Inside Counsel
    January 27, 2012

    Business and Litigation lawyer Shawn Gunnarson challenges companies about reliance on the Internet in an article for Inside Counsel. He points out that serious thought should be given to how deeply the Internet is embedded in an organization’s business plan and to the internal Internet policies on which that plan relies.

  • Law360
    January 27, 2012

    Intellectual Property attorney (and former patent examiner) Ken Horton outlines methods for quickening the USPTO patent appeals process in this Law360 article.

  • Inside Counsel
    January 25, 2012

    Business attorney Randy Johnson cautions companies about exercising care in how service providers are classified, particularly given stiff penalties from the IRS.

  • Utah Business
    January 2012

    Litigation lawyer Rod Andreason offers a warning about written contracts. In the article, he states, "No matter what your written contract says, your business could still be liable for doing, or not doing, things you never even discussed before signing the contract."

  • Inside Counsel
    January 13, 2012

    Even if applying for a generic Top Level Domain (gTLD) doesn’t make sense for your organization, ignoring the application process would be a mistake, warned Litigation lawyer Shawn Gunnarson. The article outlines how companies can protect against intellectual property infringement related to Internet domain names.

  • Inside Counsel
    January 11, 2012

    Business attorney Randy Johnson addresses how a single-member LLC is recognized as a separate legal entity for liability purposes, but disregarded as a separate entity for tax purposes and how, in some respects, these concepts are at odds.

  • Inside Counsel
    January 10, 2012

    Internet governance has entered the mainstream of management issues. Business and Litigation attorney Shawn Gunnarson warns that this issue must be understood and mastered for an organization to effectively pursue its goals.

  • Inside Counsel
    December 30, 2011

    Business and Litigation lawyer Shawn Gunnarson outlines why more businesses should understand the impact ICANN has on the Internet as well as companies that rely on the Internet.

  • Inside Counsel
    December 28, 2011

    Business attorney Randy Johnson cautions companies raising capital through private securities offerings about their finders fees agreements for raising capital.

  • Utah Business
    December 2011

    Business attorneys Gary Winger and Alex Pearson outlined how the new LLC law differs from the existing law currently regulating LLCs. The was originally to be effective July 1, 2012 for all new LLCs, but implementation was delayed. Refer to the article by these authors in the July 2012 issue of Utah Business for the latest information.

  • Religion and Human Rights 6
    2011

    Voluntary codes of conduct offer a viable alternative to government regulation. This article evaluates twenty-one codes and identifies which have greatest potential for conflict-resolution. Effective codes balance competing rights consistent with international law norms, respect multiple traditions, and address a general audience.

  • Findlaw.com
    December 5, 2011

    International, Business and Franchise attorney Lee Wright alerts business owners to the costly mistake of choosing licensing or distributorships when franchising is actually the appropriate business model. From his experience with many franchisors, Mr. Wright explains how easy it is to cross the line over to franchising and the potential consequences of intentionally or inadvertently setting up the wrong business structure.

  • Utah Business
    November 2011

    Business and Tax attorney Matthew Wride outlines five practical ways business owners can protect personal assets without elaborate asset protection planning.

  • The Economist
    October 1, 2011

    Business lawyer Shawn Gunnarson was quoted by The Economist regarding the Internet as a powerful catalyst for change, particularly political change. In the article, Gunnarson states, "In most places the internet is now a crucial driver of the economy. More importantly, the Arab spring has shown governments that social-media networks can become powerful tools for the organisation of political protest."

  • Law360
    September 29, 2011

    Business attorney Randy Johnson addresses the benefits of planning for partnership dissolution at the outset of a company’s formation--when partners are enthusiastic about the future, rather than when the relationship has soured. Practical information is offered on how to prepare a partnership plan, including some sources of friction that should be covered by an agreement between the partners such as profit distribution, resolution of disputes, responsibilities, capital contributions and an exit strategy.

  • Corporate Counsel
    September 7, 2011

    Intellectual Property attorney Ken Horton provides strategies for appealing adverse patent examiner decisions. As a former patent examiner, Mr. Horton knows the process from the inside and shares valuable insights.

  • Westlaw Journal Intellectual Property
    August 25, 2011

    Business and Litigation attorney Shawn Gunnarson and and Business attorney David Shaw discuss a trademark infringement verdict against a Web hosting firm that they say is a wakeup call for the industry. The federal judgment calls attention to the need for an expansion of the current safe harbor in federal law to cover trademark infringement claims against Internet service providers, search engine optimizers, Web hosting service providers and other entities providing services for online businesses.

  • The Wall Street Journal
    August 25, 2011

    International Business and Taxation attorney Paul Savage was interviewed for a Wall Street Journal article about Groupon Inc.'s possible plans to open an international headquarters in Switzerland. In summary of his discussion with the WSJ reporter, Mr. Savage was quoted as saying, "If Groupon's model involves doing business in a country where they might be getting a royalty for licensing their name, Switzerland has a very favorable treaty network for royalty payments."

  • Broadband Communities
    August/September 2011

    Government/Utilities and Business lawyer David Shaw was extensively quoted by Broadband Communities on the three phases of planning a municipal broadband project. Mr. Shaw offers practical considerations when municipalities are considering a partnership with a broadband company. He speaks from experience as legal advisor on broadbrand projects to Powell, WY, Wired West in Massachusetts, UTOPIA in Utah and other municipal entities.

  • Utah Business
    August 2011

    Business and Estate Planning attorneys Thomas Mecham and Brent Andrewsen address estate and gift tax exemptions slated to change after the 2012 tax year. Learn what you can do now to take advantage of current estate planning laws.

  • Utah Business
    July 2011

    Litigation lawyers Greg Moesinger and Ryan Frazier outline strategies commercial landlords can consider when faced with a non- or short-paying tenant. While there is no perfect path as landlords and tenants balance their relationship with each other, especially in a down economy, these simple strategies may help landlords walk through the process in a stronger position.

  • Financial Times
    July 7, 2011

    Business and Litigation lawyer Shawn Gunnarson was quoted in this Financial Times article addressing the change announced by ICANN to significantly alter the Internet domain structure with a decision to allow the creation of hundreds of new internet suffixes to rival .com and .net.

  • Bloomberg Law Report
    June 27, 2011

    Informational Technology and Business lawyer Shawn Gunnarson reports on the decision by ICANN to add hundreds of new top level domains to the Internet, fundamentally reshaping the online experience for individuals and businesses. His article describes the change and explains the opportunities and risks it presents.

  • Utah Business
    June 2011

    Real Estate attorney Tom Checketts outlines what businesses and homeowners should know about Utah's unique condemnation laws and the rights property owners have during the process.

  • The Corporate Counselor
    June 2011

    Real Estate and Commercial Leasing attorney Lance Dunkley authored this article describing proposed accounting practice changes related to operating leases.

  • Credentialing & Peer Review Legal Insider
    April 2011

    Healthcare and Business lawyer Matthew Wride was interviewed for this article addressing proposed Senate Bill 150 and the implications if negligent credentialing was no longer recognized as a cause of action in medical malpractice cases.

  • Kirton McConkie International Bulletin
    April 2011

    An article published in the firm's International Bulletin on Utah's new wave of M&A fever and the current revamping of the cross-border transactional practice and corporate process.

  • MyHostNews.com
    March 30, 2011

    Information Technology and Business attorney David Shaw posted an article on MyHostNews.com about a precedent setting case putting web hosting, SEO and web development companies in jeopardy.

  • Utah Bar Journal
    January-February, 2011

    Kirton McConkie tax and estate planning attorney Jeffrey Steed discusses GRATs (grantor-retained annuity trust ) and sales to DGTs (defective grantor trust) as effective estate planning tools practitioners can use to help wealth transfer benefits to future generations.

  • White Paper
    2011

    Kirton McConkie tax and estate planning attorney Jeff Steed offers an analysis of GRATs (grantor-retained annuity trust) and sales to DGTs (defective grantor trust) and the clash of the two investment strategies.

  • International Journal of Religious Freedom 3:2, pages 65-104
    2010

    Attempts by people of faith to persuade others to their beliefs, while a protected human right, can spark conflicts in communities intent on protecting their privacy and identity. A possible solution lies in voluntary codes of conduct for missionary activities. Such codes are more likely than governmental regulations to prevent or resolve cross-cultural and inter-faith conflicts relating to religious persuasion. This article analyzes 19 voluntary codes to identify which types have greatest potential for conflict-resolution.

  • Information Services, Technology and Data Protection
    44 The International Lawyer 1
    Spring 2010
  • Ars Technica
    February 9, 2009
  • Utah Spirit
    June 2008

    In February 2006, the Deficit Reduction Act (the “Act”) was enacted at the Federal level. The Act made sweeping changes to the eligibility requirements for Medicaid. More recently, on April 1, 2008, Utah made further changes to the Medicaid Program. In particular, the way annuities are now valued is substantially changed.

  • Utah Spirit
    May 2008

    This column hopefully represents the final chapter on the new advance directives for 2008. This series began with an introduction in December 2007, and was followed by Parts 1 and 11 in January and February 2008.

  • Utah Spirit
    May 2008
  • Chartered Institute of Arbitrators (74 Arbitration 385)
    April 2008

    Intellectual Property lawyer Craig Metcalf outlines the advantages of resolving patent disputes using arbitration and mediation instead of litigation.

  • Horizon Financial Publications
    March 2008

    Kirton McConkie tax and estate planning attorney Jeff Steed addresses an issue most people rarely think about when transferring wealth to heirs through an estate plan--the impact this transfer can have on loved ones. 

  • Utah Spirit
    March 2008

    The average estate is generally modest. There may only be a home and a few thousand dollars in savings. Or, there may be a home and several hundred thousand dollars. These may be considered as small estates that don’t justify expensive estate plans and documents.

  • February 2008

    This column continues the discussion of the new advance directives for 2008. The Senate Bill 75 from the 2007 Legislative Session dramatically revises Utah’s Code governing advance directives.

  • The Mormon Education of a Gentile Justice: George Sutherland and the Brigham Young Academy, 33 J. of Sup. Ct. Hist. 322 (2008) (with Edward L. Carter)
  • January 2008

    Senate Bill 75 dramatically revises Utah’s Code governing advance directives. Although passed during the 2007 Legislative Session, the new directives were delayed until January 1, 2008. Utah’s “Personal Choice and Living Will Act,” has been repealed and replaced with the “Advance Health Care Directive Act” (“Act”).

  • Utah Spirit
    October 2007

    Marriage at any age should be taken seriously. At a young age, financial risks are generally minimal. But for older adults, entering into marriage can be financially far more risky.

  • Utah Spirit
    September 2007

    Depending on the size of your estate and the number of your children or other heirs, you may not need a will. But, if you don’t have a will or if you procrastinate and put off preparing or signing a will, there is still hope that your estate passes to your heirs as you intend.

  • Utah Spirit
    August 2007

    Understanding the rules about Medicaid eligibility can help married couples where one spouse may have to go into a long-term care facility. However, taking out a reverse mortgage in an attempt to qualify for Medicaid is a very bad idea. In fact, the two don’t mix.

  • Utah Spirit
    July 2007

    “Living will” and “Medical Power of Attorney” are documents that are often referred to as advance directives, since they are directives that you make while you still have the capacity to do so. Often times, when a severe injury or medical condition arises, you don’t have the capacity to give consent for medical treatment.

  • Utah Spirit
    June 2007

    A husband and wife often hold bank accounts in joint names. Generally this doesn’t present any problem since both spouses have an interest in such accounts. But when one spouse dies, the surviving spouse will often add a son or daughter’s name to the accounts. Doing so usually causes unintended consequences.

  • Utah Spirit
    May 2007

    With the Internet becoming so accessible, even for seniors, I will refer to many Internet sites that may be helpful to the reader.

  • GigaOm.com
    April 6, 2007

    Click to read

  • Utah Spirit
    March 2007

    If a disabled adult is found to be unable to obtain gainful employment, the adult may qualify for governmental assistance from Social Security and/or Medicaid.

  • Utah Spirit
    February 2007

    Since the transfer of title is so easy and automatic, and since the surviving spouse is used to having a second name on the deed, it is very tempting to add the name of a child. It feels safe and comfortable. However, there are inherent risks and costs when you add a child to your deed.

  • Utah Spirit
    January 2007

    The Probate Code governs some general rules about wills to ensure their validity and to prevent unfounded claims for a share of the deceased’s estate. Although a will meets all of the formalities required by the Probate Code, someone can still challenge it.

  • Utah Spirit
    December 2006

    It is now possible for you to direct the preparation, type, and place where your remains will be disposed. This can include designating a particular funeral home or providing directions for your burial arrangements.

  • Utah Spirit
    November 2006

    A power of attorney (POA) is a common estate-planning tool. It is often used to allow your spouse, child or other person to act for you when you can’t act for yourself. But there is a new danger lurking out there as a result of a recent court decision.

  • Utah Spirit
    October 2006

    A Will is a very specific legal document that expresses your wishes about how your estate should be distributed and how it should be administered. But, your Will must be probated within three years of your death, otherwise it has no value and it will not control or govern any part of your estate.

  • Utah Spirit
    August 2006

    A new law concerning abuse, neglect and exploitation of elderly persons, was hoped that it would result in civil and criminal prosecutions. That has not happened. The authorities are not going after these cases because they are deemed “too tough” and there are “too many other cases.”

  • Utah Spirit
    July 2006

    You may have at one time or another considered how you will be treated if you need long-term care. You may also have been concerned about how you would pay for such care. There are now many competitive insurance policies from which to choose.

      

  • Utah Spirit
    May 2006

    When a parent is no longer the dominant figure in the family, one of the children often steps forward to take charge. When more than one child attempts to assume the role of leader and if animosity exists between them, a fight usually erupts. It usually is not physical, but it can become very nasty and expensive for everyone.

  • Utah Spirit
    April 2006

    My column  is directed to those younger adults who should prepare for that eventual day when their mortality ends. But older adults who have procrastinated can also benefit form reading my column.

  • Utah Spirit
    March 2006

    On February 8, 2006, President Bush signed into law the Deficit Reduction Act of 2005. While it has many provisions, I will treat in this column only the changes affecting Medicaid assistance for long term care.

  • Utah Spirit
    February 2006

    More than 4 million Americans suffer from Alzheimer’s, and what is more disturbing is that by 2050, 11-14 million Americans are expected to be inflicted with the disease. Nearly 30% of the victims of Alzheimer's receive care in long-term care facilities.

  • Utah Spirit
    December 2005

    You might consider a Christmas gift for your children or grandchildren and enjoy a tax gift. The way to do this is to establish a 529 Educational Plan.

  • Utah Spirit
    October 2005

    Litigants can never be certain how a case will be decided by a judge. Further, litigants will have to spend time in responding to discovery, depositions, attending hearings, and of course, testifying at trial. All of this can create substantial stress. An alternative to the courtroom is mediation.

  • Utah Spirit
    September 2005

    At one time or another, most of us have likely encountered or used a power of attorney (POA). This column is intended to highlight some of the issues surrounding the use of a POA.

  • Utah Spirit
    August 2005

    If you have a trust, you should consider protecting if from your children. Too often substantial assets of trusts are depleted from legal battles between children. The purpose of the trust is to benefit the beneficiaries.

  • Utah Spirit
    July 2005

    You can do a Will yourself without any witness. When it comes to the law, the tasks are not generally labor intensive. It is not back-breaking work. Rather, it is “know how.” It is knowledge and experience to get it right.

  • The Washington Post
    April 10, 2005
  • Utah Spirit
    February 2005

    Unfortunately, our society is plagued with many divorces, by some estimates, 50% of our marriages end in divorce. Recently, an unusual situation where one spouse in a divorce proceeding died, and what I learned was so interesting that I decided to share it with my readers.

  • National Journal
    February 19, 2005

    Drew Clark, Of Counsel with Kirton McConkie and formerly a senior writer at National Journal’s Technology Daily and a columnist for CongressDaily, addresses the war over broadcast airwaves that has continued to drag on because generations ago, the government handed out valuable frequencies to broadcasters for free while other industries have not been able to buy these desirable frequencies. Broadcasters have used heavy lobbying and political friendships to stave off rivals, bus as the digital age unfolds, change is in the air. Click the  title to read the article.

     

     

  • Utah Spirit
    January 2005

    The subject of this column was chosen because of my experience with several recent lawsuits over wills and trusts. Some believe that having a trust will insulate their estate from probate and lawsuits. Wrong. In fact, I actually see more litigation over trusts that I do for wills.

  • Utah Spirit
    December 2004

    IRAs and other qualified retirement plans have become pervasive. These plans have enjoyed substantial success because of the tax advantages. Contributions to such plans are made before taxes. This means that taxes on contributions and realized gains in such plans are deferred until withdrawal.

  • Utah Spirit
    November 2004

    When we can no longer make reasonable decisions about our financial and personal affairs, we have to rely on someone else to make those decisions for us. Sometimes a spouse or a child takes over for us through a durable power of attorney.

  • Utah Spirit
    October 2004

    If you die without a valid will, you are said to have died intestate. Since the majority of persons die without a will, laws have been developed to deal with these situations; They are known as intestate laws.

  • Slate
    October 10, 2004
  • Utah Spirit
    September 2004

    Our State legislature repealed and then passed a new statute to better protect seniors. Bill 25 is primarily aimed at giving authority to Adult Protective Services to protect seniors and certain impaired adults.

  • Utah Spirit
    August 2004

    Within the Department of Human Services is the Division of Aging and Adult Services, and within the Division is the “long-term care ombudsman program.” The purpose of the program is to promote, advocate and ensure the “adequacy of care received, and the quality of life experienced by elderly residents of long-term care facilities within the state.”

  • Utah Spirit
    July 2004

    Marriage at any age creates responsibilities and potential liabilities. For older adults, entering into marriage can be financially more risky. When marriage is contemplated, divorce or death is seldom considered, but those events trigger serious financial consequences.

  • Utah Spirit
    June 2004

    Many of us are retiring at an older age. Full Social Security Benefits are being delayed until a later age and we are living longer. Given these facts, at what age is it appropriate to begin planning for one’s retirement?

  • Course Technology, Inc. (ISBN: 0619216166)
    2004
  • MCSE/MCSA Guide to Implementing and Administering Security on a Microsoft Windows 2000 Network
    Course Technology, Inc. (ISBN: 0619212292)
    2004
  • Government Use of Free Software
    Public Contract Law Journal, American Bar Association, Volume 33, Number 3
    Spring 2004
  • The Washington Post
    May 16, 2004
  • Utah Spirit
    April 2004

    For major gifts, especially to our children, we can give them during our lifetime or wait until after death. That is, we can leave our property and things to our children through a Will, but a common question is, is it better to give while living or through a Will?

  • Utah Spirit
    March 2004

    Will Substitutes are widely used and while these devices can avoid the need for a Will, they also have inherent shortcomings associated with them.

  • Utah Spirit
    February 2004

    At some time in our lives, we get serious about planning for our eventual passing and in doing so, we may prepare a Will. Later, we may want to make changes to it.

  • Utah Spirit
    December 2003

    We are a highly mobile society. As a Nation, some reports show that on average we move every seven years, sometimes leaving behind most of our assets.

  • Utah Spirit
    December 2003

    When granting power to someone else to act for you, several questions should be asked and answered. For example, “What should be the limits or scope of the power or attorney?”

  • Utah Spirit
    November 2003

    For the past dozen years, college tuition has increased at a far faster rate than general inflation, and there is no end in sight. For your children or grandchildren, you should begin now to plan for their educational needs.

  • Utah Spirit
    October 2003

    Fear mongers often promote trusts by issuing dire warning to avoid probate. Most such promotions are misleading and intended solely for pecuniary gain to the promoter.

  • Utah Spirit
    September 2003

    Do you have to give your home to Medicaid in order to qualify for long-term care assistance? Or, is your home sacred in Medicaid’s eyes? The short answer is Yes and No.

  • Utah Spirit
    August 2003

    A “reverse mortgage” is a relatively new financial device. It is somewhat like a regular mortgage. The difference is that no payments are required.

  • Utah Spirit
    July 2003

    Will my spouse or my children be in charge of my assets? Who will make decisions for me if I can no longer do so? These questions implicate the issues of guardianship and conservatorship.

  • Utah Spirit
    June 2003

    The 2003 Legislature passed sweeping changes to Utah’s funeral statutes. It is now possible for you to direct the preparation, type and place where your remains will be disposed.

  • Guide to Linux Installation and Administration, 2nd Ed.
    Course Technology, Inc. (ISBN: 0619130954)
    2003
  • Utah Spirit
    May 2003

    Why should you avoid probate? Does it take too long or is it too costly? Generally the answer is NO! Whether you have a simple or a complex will, your estate can be probated in an “informal” manner.

  • Utah Spirit
    January 2003

    The surviving spouse is accustomed to having a second name on the deed. However, there are risks and costs when you add your beloved child to your deed.

  • Utah Spirit
    October 2002

    Family members who provide care for their loved ones carry a heavy burden. As the disease progresses, individuals with Alzheimer’s most often require 24 hour care and a long-term care facility, as well as Medicaid may become an option that otherwise would never be considered.

  • Guide to Linux Networking and Security
    Course Technology, Inc. (ISBN: 0619000945)
    2002
  • Utah Spirit
    May 2002

    What happens to the minor children in the event of a tragedy? That is a question parents consider when preparing a Will. They should nominate in advance of such a tragedy a guardian for their minor children.

  • Utah Spirit
    April 2002

    Young people rarely think that their life may end early. As a consequence, they rarely prepare a Will and related estate documents. My column  is directed to those younger adults who should be preparing for that eventual day when their mortality ends.

  • Utah Spirit
    March 2002

    There are several advantages of appointing a Conservator. First, you no longer have to say “No” to a certain child, and that responsibility is shifted to another adult child. Second, the responsible child who is serving as your Conservator has the mantle of court-appointed authority.

  • Utah Spirit
    January 2002

    Providing long-term care of a disabled child can be a challenge. A Special Needs Trust is a mechanism for you to allow limited help to your child. This can be created at any time your child is less than 65 years of age.

  • Utah Spirit
    December 2001

    It is not my intent in this column to promote any particular insurance company or long-term care insurance policy. Rather, my intent is to motive you, the reader, to investigate this kind of insurance. It may not be right for you. Each person must weigh the benefits and costs for themselves.

  • Utah Spirit
    November 2001

    Elder Law Attorneys regularly consider issues of incapacity, long-term care, Medicaid and other public assistance possibilities. This article will identify some common defects, or at the very least some shortcoming in trust documents.

  • Utah Spirit
    June 2001

    If you become incapacitated, a Durable Power of Attorney may protect your interests and provide for your needs. An Institution, financial or medical, may not accept the form of your Power of Attorney. If so, a guardian and/or conservator play an important role.

  • Utah Spirit
    April 2001

    Most states have enacted at least in part the Uniform Probate code. If you die without a valid will, there is a predetermined method for the distribution of your estate.

  • Utah Spirit
    March 2001

    In protecting your home, you could simply convey your house by quit claim deed to a child or to your children. Or, you could add a child’s name to the deed, thereby giving half of the house to that child. However there are risks and disadvantages of doing so.

  • Utah Spirit
    December 2000

    Upon the death of a loved one, there are many tasks to accomplish. Probate is usually the last thing on the mind of the responsible family member. In this column, I will present the dangers of waiting to probate a Will.

  • Utah Spirit
    November 2000

    When we can no longer make reasonable decisions about our financial and personal affairs, sometimes a spouse or a child takes over for us through a durable power of attorney. Our children or siblings often mean well, but their inability to agree on who ought to make decisions for us may spawn costly litigation.

  • Utah Spirit
    September 2000

    The term Holographic Will refers to a hand written Will rather than a typed, printed, or computer generated Will. Since these kind of wills are given special treatment under Utah’s probate laws, this column will discuss holographic wills and compare them to typed or printed wills.

  • Utah Spirit
    August 2000

    Giving a gift during one’s lifetime is termed an inter vivos gift. A gift made after the death of the giver is a testamentary gift. There are several factors to consider before deciding which manner of gift giving is best for you.

  • Utah Spirit
    May 2000

    Since the number of Wills predominates over trusts, based primarily on costs and convenience, this column addresses amendments to Wills.

  • Utah Spirit
    April 2000

    This column addresses an issue faced by an increasing number of families. There are no magic answers. To treat this subject, we will look at an actual case as an example.

  • Utah Spirit
    March 2000

    For most estates, the will, if there is a will, is uncontested. But for estates in excess of $25,000 or where real estate is involved, the will must be probated.

  • Utah Spirit
    February 2000

    By far the greatest concern is whether your home will be taken by the government if you have to live in an extended care facility and your liquid assets are insufficient to cover the costs. The simple answer is, NO. But, the government, through the Medicaid program, will place a lien on your estate for the payments made on your behalf.