Kirton McConkie PC

Recent Developments In Utah Condemnation Law (2012)

In This Issue: - Utah Department of Transportation v. FPA West Point, et al., 2012 UT 79 (Utah Nov. 20, 2012) - Utah Department of Transportation v. Admiral Beverage Corporation, et al., 275 P.3d 208 (Utah 2011) -…more

Condemnation, Damages, Department of Transportation (DOT), Fair Market Value, Fifth Amendment

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Twelve Communities in Western Mass. on Board for Muni Broadband Project

This country was founded upon communities in New England helping themselves instead of relying on others to fix their problems, said Blair Levin, Gig.U executive director, speaking to us on municipal broadband projects. So it’s…more

Broadband, Municipalities, Rural Development, Telecommunications

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SEC moves to allow startup investing via crowdfunding

On Friday, October 30, 2015, the Securities and Exchange Commission (SEC) adopted final rules permitting crowdfunding. Crowdfunding is a capital fundraising strategy whereby issuers use the internet or social media to raise…more

Broker-Dealer, Capital Raising, Crowdfunding, Disclosure Requirements, Funding Portal

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NLRB decision on joint employment: Should franchisors be worried?

Last week, the National Labor Relations Board (NLRB) issued a highly anticipated decision that broadened its existing definition of joint employers by finding that Browning-Ferris Industries of California Inc. (BFI) was a joint…more

Employer Liability Issues, Franchises, Hiring & Firing, Joint Employers, NLRB

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Utah Passes New Law Placing Restrictions on Noncompetition Agreements

On March 9th, 2016, the Utah Legislature passed a bill, which the governor signed, substantially limiting an employer's ability to use noncompetition covenants to prevent former employees from competing against them. The new law…more

Employment Contract, New Legislation, Non-Compete Agreements, Restrictive Covenants

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Utah’s New Domestic Asset Protection Statute Makes State a Top Choice to Shield Assets

A new Utah law taking effect May 14, 2013 will provide some of the strongest options in the country for those looking to shield assets from creditors or predatory litigation. The Domestic Asset Protection Trust (DAPT) is a…more

Asset Protection, Creditors, New Legislation, Spendthrift Trusts

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Amicus briefs shape intellectual property law

Amicus briefs have become an established part of sophisticated litigation strategy - As the value of intellectual property rights has skyrocketed, the law governing ownership and enforcement of those rights has grown in…more

Corporate Counsel, Definiteness, Litigation Strategies, Patent Infringement, Patent Litigation

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Post-grant proceedings after the America Invents Act

The America Invents Act (AIA) was passed several years ago. One of the biggest changes it made to the patent landscape was the options for modifying a patent after it was granted by the U.S. Patent & Trademark Office. Prior to…more

America Invents Act, Inter Partes Reexamination, Inter Partes Review Proceedings, Modification, Patents

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How to choose an adoption attorney for direct adoptions

It is very important to select a knowledgeable adoption attorney who has experience with direct placement adoptions. To find qualified attorneys, go to the American Academy of Adoption Attorneys and find an attorney near you. If…more

Adoption

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Utah Employment Law Letter - March 2013: Employment Contracts - Alert! Time to reexamine your disclaimer statements

Originally published in the Utah Employment Law Letter - March 2013. The Utah Court of Appeals recently overturned a trial court’s decision to dismiss a former employee’s claims without a trial, finding that the employer’s…more

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Holiday parties: Good morale or landmine?

While a holiday party can bring a workforce together and boost morale, it can also bring legal trouble. Employer party planning must include minimizing potential legal risks in addition to the food and festivities. Here are…more

Employer Liability Issues, Holiday Parties

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Amicus briefs shape intellectual property law

Amicus briefs have become an established part of sophisticated litigation strategy - As the value of intellectual property rights has skyrocketed, the law governing ownership and enforcement of those rights has grown in…more

Corporate Counsel, Definiteness, Litigation Strategies, Patent Infringement, Patent Litigation

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Non-compliance with new EU data privacy rules can be costly

On October 6, Europe’s highest court, the Court of Justice of the European Union, struck down the “Safe Harbor Framework,” which existed between the United States and the EU for 15 years. This has an impact on companies…more

Binding Corporate Rules, EU, EU Data Protection Laws, European Court of Justice (ECJ), Facebook

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Department of Homeland Security issues final rule for international students with F-1 visas and Optional Practical Training

On Friday, March 11, 2016, the Department of Homeland Security (DHS) amended its regulations and issued a final rule for international students with F-1 visas and Optional Practical Training (OPT) who obtain degrees from U.S…more

DHS, Extensions, F-1 Visa, Foreign Students, OPT

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SEC moves to allow startup investing via crowdfunding

On Friday, October 30, 2015, the Securities and Exchange Commission (SEC) adopted final rules permitting crowdfunding. Crowdfunding is a capital fundraising strategy whereby issuers use the internet or social media to raise…more

Broker-Dealer, Capital Raising, Crowdfunding, Disclosure Requirements, Funding Portal

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Global Trends in Anti-Corruption Legislation: Mexico to Ramp up Enforcement Activity

U.S. federal prosecutors recently investigated Wal-Mart de Mexico, Wal-Mart Stores, Inc.’s largest foreign subsidiary, for alleged violations of the Foreign Corrupt Practices Act (FCPA). The FCPA is a U.S. criminal statute…more

Anti-Corruption, Enforcement Actions, FCPA, Mexico, Multinationals

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Utah Employment Law Letter - September 2013: TERMINATION : ‘Grandma’s Feather Bed’: Court puts feather tester’s claims to sleep

It was nine feet high and six feet wide, soft as a downy chick. It was made from the feathers of forty ‘leven geese Took a whole bolt of cloth for the tick. So goes the popular song written and performed by the late John…more

ADEA, Age Discrimination, Civil Rights Act, Termination, Title VII

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Broadband declared an essential utility

On September 22, 2015, the White House Broadband Opportunity Council issued a report declaring broadband connectivity an "essential utility."…more

Broadband, Utility Sector

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Trademark due diligence in M&A: The steps everyone overlooks

These 13 straightforward pointers can guide your due diligence in relation to trademarks - Lists of assets are a key part of merger and acquisition transactions. When those assets include patents, the transaction…more

Acquisitions, Corporate Counsel, Due Diligence, IP License, Mergers

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What does "will be insured" actually mean?

Balancing obligations to provide health and life insurance benefits to retirees with other legitimate business needs can be tricky. Although retirees depend on the benefits, employers may need to modify benefit plans for…more

ADEA, Age Discrimination, Class Action, Employee Benefits, ERISA

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Utah Procurement Code: A Road Map for Better Purchasing

No doubt your charter school is a careful steward of taxpayer funds and always gets the best deal on everything it buys. Right? Well now you have an even better "tool" to make sure you are getting the best deal possible. Utah's…more

Charter Schools, Illegal Gratuities, Kickbacks, Procurement Guidelines, Real Estate Market

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Reviewing Franchising and Business Opportunity Fundamentals

After creating a successful business model, expansion becomes the next natural step. But such growth usually requires the involvement of third parties, especially if resources are limited. There are several ways to expand your…more

Business Opportunity Laws, Disclosure Requirements, Franchises, Franchisors, FTC

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Recent changes to employing foreign workers

This month, we take a survey of recent changes affecting employers’ ability to attract and retain foreign workers. L-1B visa denials According to U.S. Citizenship and Immigration Services’ (USCIS) data released under a…more

DHS, DOL, Foreign Workers, Green Cards, H-1B

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Contact

Kirton McConkie Building
50 East South Temple
Salt Lake City, Utah 84111, United States

  • 801.328.3600
  • 801.321.4893

Areas of Practice
  • Alternative Dispute Resolution (ADR)
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Other U.S. Locations
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Number of Attorneys

100+ Attorneys

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