Kirton McConkie PC

Merger does not invalidate noncompete, nonsolicitation covenants

When corporate mergers and acquisitions take place, the parties frequently ask, “What is the effect on the acquired company’s contracts?” That was the issue in a case involving noncompetition and nonsolicitation covenants in…more
| Business Organizations, Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, Mergers & Acquisitions

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

On Friday, November 18, 2016, U.S. Citizenship and Immigration Services (USCIS) released the press release below. USCIS has published a final rule to modernize and improve several aspects of certain employment-based…more
| Immigration Law, Labor & Employment Law

Penske and the warehouse manager: Logistics of FMLA interference

FMLA Rights - Discrepancies and dishonesty - Kris Olson was a warehouse manager for Penske Logistics. After 12 years with the company, he received his first formal disciplinary notice in January 2014. He was given the…more
| Civil Procedure, Labor & Employment Law

New Rule: The Fight Against Corruption Speaks French

On November 8, France adopted its new framework legislation against corruption, the Law on Transparency, the Fight against Corruption and Modernization of Economic Life, otherwise called the “Sapin II Law” from the name of its…more
| Business Organizations, Commercial Law & Contracts, Criminal Law, International Law & Trade

EU and Canada Signed Landmark Trade Agreement

While the U.S. was fully immersed in its presidential elections and took distance from the T.T.I.P. (the long-negotiated international trade agreement between the U.S. and the European Union), and while Great Britain was…more
| Government Contracting, Intellectual Property, International Law & Trade

What qualifies as a ‘request for accommodation’ under the ADA?

Reasonable Accommodations - According to the Equal Employment Opportunity Commission (EEOC), “Title I of the Americans with Disabilities Act of 1990 [ADA] . . . requires an employer to provide reasonable accommodation to…more
| Civil Rights, Labor & Employment Law

‘Where’s the beef?’ The FCA and its whistleblower protections

Thirty-two years ago, 81-year-old actress Clara Peller filmed a commercial for the Wendy’s fast-food chain. She mar­veled at a hamburger with an enormous fluffy bun and grum­bled the immortal words: “Where’s the beef?” Since…more
| Criminal Law, Labor & Employment Law, International Law & Trade

Words, words, words: When is a salesman not a salesman?

In the classic Broadway musical My Fair Lady, Eliza Doolittle laments, “Words, words, words! I’m so sick of words.” You may have felt the same frustration working with lawyers who quibble about the contractual meaning of…more
| Administrative Law, Civil Procedure, Labor & Employment Law

Privacy Shield: The New Safe Harbor

In the aftermath of the Safe Harbor invalidation, the European Commission and the U.S. Department of Commerce have agreed to a new draft of the “Privacy Shield”. The first draft Privacy Shield was unveiled in February, but…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

DOL's final rule increases minimum salary for overtime exemptions

The Fair Labor Standards Act (FLSA) generally requires employers to pay employees at least the federal minimum wage and overtime compensation for all hours worked over 40 in a workweek. Overtime pay must be at least 1½ times an…more
| Labor & Employment Law

A Big Win for Internet Consumers

On June 14, 2016 the United States Court of Appeals for the District of Columbia Circuit issued its ruling in United States Telecom Association, et al v. Federal Communications Commission and United States of America. The result…more
| Communications & Media Law, Constitutional Law, Consumer Protection, Energy & Utilities, Science, Computers, & Technology

U.S. Citizenship and Immigration Services published a policy memorandum in the decision of Matter of Z-A, Inc.

On April 14, 2016, U.S. Citizenship and Immigration Services (USCIS) published a policy memorandum designating the decision of the Administrative Appeals Office (AAO) in Matter of Z-A-, Inc. as an adopted decision establishing…more
| Administrative Law, Immigration Law, Labor & Employment Law

USCIS published notice of proposed rulemaking in Federal Register inviting public comment

On May 4, 2016, USCIS published a notice of proposed rulemaking in the Federal Register (81 F.R. 26903) inviting public comment, for 60 days, on the proposed U.S. Citizenship and Immigration Services Fee Schedule…more
| Immigration Law, Labor & Employment Law

U.S. Citizenship and Immigration Services (USCIS) publishes extension of Temporary Protected Status for eligible nationals of Honduras

On May 16, 2016, U.S. Citizenship and Immigration Services (USCIS) published an extension of Temporary Protected Status (TPS) for eligible nationals of Honduras and those without nationality who last habitually resided in…more
| Immigration Law, Labor & Employment Law

U.S. Citizenship and Immigration Services publishes an extension of Temporary Protected Status

On May 16, 2016, U.S. Citizenship and Immigration Services (USCIS) published an extension of Temporary Protected Status (TPS) for eligible nationals of Nicaragua and those without nationality who last habitually resided in…more
| Immigration Law, Labor & Employment Law
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Kirton McConkie Building
50 East South Temple
Salt Lake City, Utah 84111, United States

  • 801.328.3600
  • 801.321.4893

Areas of Practice
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