Kirton McConkie PC

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Latest Publications

Thomas Checketts

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, Fair Market Value, Fifth Amendment

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Ryan B. Frazier

Evidence: Subjectivity By Itself Is Not Proof Of Unlawful Race Discrimination

The Bible contains the story of Gideon, who pared down an army of 32,000 to a meager 300 to defend his homeland. Gideon wasn’t looking for a large number of soldiers; rather, he was looking for a particular type of soldier. The…more

Discrimination, Employer Liability Issues, Hiring & Firing, Racial Discrimination, Termination

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Geoff Germane

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, Domestic Asset Protection Statute, New Legislation, Spendthrift Trusts

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Kenneth Horton

Electronically Posted Documents as Prior Art

Originally published in BNA’s Patent, Trademark & Copyright Journal, 85 PTCJ 365, 01/11/2013. In the wake of a recent Federal Circuit case, the author offers a test for determining whether electronically posted documents…more

Electronically Posted Documents, Indexing, Internet, Patents, Prior Art

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Darryl Lee

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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Jacob Muklewicz

E-Verify Errors: The Pitfalls Employers Should Know About

Utah employers with 15 or more employees must register with and use a status verification system to verify work authorization of any new employee. Currently, the only system that verifies work authorization is E-Verify, which is…more

DHS, E-Verify, Hiring & Firing, I-9, Immigrants

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Lance Rich

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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Brinton Wilkins

Utah Employment Law Letter: April 2014: Title VII: To protect and serve? Harassment claim sent back to Utah court

You may have heard the term “summary judgment.” It means that if the facts of a case are so clear that only one outcome is possible at trial, a court will forgo a trial and decide the case. This process ensures that resources…more

Civil Rights Act, Employer Liability Issues, Harassment, Summary Judgment, Title VII

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Joel Wright

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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Lee Wright

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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Elaine Young

E-Verify Errors: The Pitfalls Employers Should Know About

Utah employers with 15 or more employees must register with and use a status verification system to verify work authorization of any new employee. Currently, the only system that verifies work authorization is E-Verify, which is…more

DHS, E-Verify, Hiring & Firing, I-9, Immigrants

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