• Image for Disability Discrimination: Seeing the forest for the trees--Forest worker's claim goes to trial.
    11.2012

    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.

  • Image for Bryce K. Dalton, Stern v. Marshall: How Anna Nicole Smith Almost Stripped Bankruptcy Courts of Jury Trials
    Bryce K. Dalton, Stern v. Marshall: How Anna Nicole Smith Almost Stripped Bankruptcy Courts of Jury Trials
    2012
  • Image for Unwrapping Wraps: From Horse Traders to the Law of the Horse
    Unwrapping Wraps: From Horse Traders to the Law of the Horse
    2012
  • Image for Reasonable Accommodation: Step in time--even the government makes missteps
    10.2012

    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.

  • Image for Time Is Running Out To Take Advantage Of Increased Gifting Limits
    10.2012

    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

  • Image for “Deferred action” policy now in place for immigrant youth
    09.16.2012

    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.

  • Image for Evidence: 10th Circuit upholds jury’s award in pregnancy discrimination case
    09.2012

    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.

  • Image for Hostile work environment: No kidding: 10th Circuit sends case involving racial jokes to trial
    08.2012

    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.

  • Image for Analysts predict downward trend will continue for life sciences VC.
    08.23.2012

    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.

  • Image for 9 Tips For 3rd-Party Prior Art Submissions
    08.21.2012

    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.

  • Image for Discrimination: Furlough backlash--Sexual orientation not protected by Title VII
    07.2012

    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.

  • Image for Help! I’m Stuck in My FLP!
    07.2012

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

  • Image for Business as Usual--For Now: 2012 LLC Act Delayed Until at Least 2013
    07.2012

    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.

  • Image for Tenth Circuit sticks fork in forklift operator’s FMLA claims
    06.2012

    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.

  • Image for Information Services, Technology and Data Protection
    Information Services, Technology and Data Protection
    2012
  • Image for More Ammunition Against Obviousness Rejections
    06.15.2012

    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.

  • Image for ICANN's Digital Archery: Let the Games Begin
    06.13.2012

    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.

  • Image for New Web Domains Present IP Headaches for Brand Owners
    06.13.2012

    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.

  • Image for Discrimination: Living on the edge
    05.2012

    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.

  • Image for 9 Things to Know Before Franchising

    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.

  • Image for Frequently Asked Questions About Franchising and Other Business Models
    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.

  • Image for Down for the count: Court rejects cancer victim’s ADA and FMLA claims
    04.2012

    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.

  • Image for Restriction Requirements: Strategies for Defeating Patent Application Restriction Requirements
    04.20.2012

    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.

  • Image for Hostile Work Environment: Straight From the Heart--Nurse Files Claims Over Operation Incident
    03.2012

    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.

  • Image for Technology: Will your business have a say in how the Internet is run?
    03.2012

    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.

  • Image for Regulatory: Understanding Your D & O Insurance Policy
    03.07.2012

    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.

  • Image for Practical Guidelines to Defeating an Obviousness Rejection
    03.05.2012

    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.

  • Image for Technology: 8 Strategies to Protect Trademarks Against New Domain Names
    02.24.2012

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

  • Image for The 3 Criteria of an Accidental Franchise
    02.22.2012

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

  • Image for Patent Fights Increasingly Wind Up Back in Government Offices
    02.19.2012

    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.

  • Image for FMLA Leave: Holes in Youth Center's Defense Earn Jury Trial on FMLA Claims
    02.2012

    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.

  • Image for Real Estate Q&A With Kirton McConkie's William Meaders
    02.2012

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

  • Image for Regulatory: A primer on the Consumer Financial Protection Bureau
    02.08.2012

    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.

  • Image for Technology: How Much Does Your Business Rely on the Internet?
    01.27.2012

    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.

  • Image for Speeding Up USPTO Patent Appeals
    01.27.2012

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

  • Image for Regulatory: The IRS Wants to Know if Your Independent Contractors are Really Employees
    01.25.2012

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

  • Image for Beware the Contract You Never Signed: The Implied Covenant of Good Faith and Fair Dealing
    01.2012

    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."

  • Image for IP: A Defensive Strategy For New gTLDs
    01.13.2012

    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.

  • Image for Regulatory: Piercing the Veil of a Single-Member LLC, A Possible Trap For the Unwary
    01.11.2012

    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.

  • Image for Technology: 4 Tips to Managing Internet Governance Risks
    01.10.2012

    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.

  • Image for Technology: 5 Things You Should Know About ICANN
    12.30.2011

    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.

  • Image for Regulatory: Your Finders Fee Agreement May Not Be Enforceable
    12.28.2011

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

  • Image for LLC Update: New Utah Law for LLCs Ushers in Sweeping Changes
    12.2011

    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.

  • Image for Voluntary Codes of Conduct for Religious Persuasion: Effective Tools for Balancing Human Rights and Resolving Conflicts?
    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.

  • Image for Crossing the Line: When Licensing Becomes Franchising
    12.05.2011

    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.

  • Image for Protection Plan: Five Simple Ways to Protect Your Personal Assets
    11.2011

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

  • Image for Who should run the internet? A plaything of powerful nations.
    10.01.2011

    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."

  • Image for 'Till Dissolution Do Us Part
    09.29.2011

    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.

  • Image for To Appeal or Not to Appeal, That is the Question: How and When Should You Appeal Patent Examiner Decisions?
    09.07.2011

    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.

  • Image for Web Hosting Industry Vulnerable to Federal Trademark Liability
    08.25.2011

    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.

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