Kirton McConkie PC

Effective May 7, 2013, all U.S. employers must only use the new Employment Eligibility Verification Form I-9 (revision date 3/8/13N) to comply with employment eligibility verification requirements under the Immigration Reform…more

Utah lawmakers recently passed the Internet Employment Privacy Act (IEPA), joining at least six other states in prohibiting employers from requiring employees or job applicants to disclose their passwords or user names for…more

12 THINGS YOU SHOULD CONSIDER IN PRIVATE/INDEPENDENT UTAH ADOPTIONS: 1. Finding a birth mother: Paid facilitators are illegal in Utah. Only licensed agencies may be paid for matching services under Utah law. Even…more

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

Originally published in the Utah Employment Law Letter - April 2013. If a proverbial tree falls in the forest, even though it may be bigger and taller than the trees around it, does anyone hear it? Now imagine that the…more

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

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

Does an employee engage in protected activity under the Family and Medical Leave Act (FMLA) by notifying his employer of his plans to take FMLA leave, or must he actually take FMLA leave? If an employer accommodates an…more

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

Now that the Christmas rush is over and you’ve indulged in all the excesses of the holiday season, it’s time to make your annual New Year’s resolutions. We’re not talking about resolving to lose 15 pounds or be nicer to your…more

Originally published in The Corporate Counselor - December 2012. Covenants not to compete are fairly common in employment agreements, especially where an employee may have access to confidential information or possess…more

If a disabled employee can perform the essential functions of her current position, must an employer grant her job transfer request for medical treatment or therapy if it’s reasonable and not unduly burdensome? In the following…more

Summary: America Invents Act (AIA): - Changes to 35 USC 102 and 103 .. “First to File” System .. Derivation Proceedings - Review & Opposition of Patents. .. Post-Grant Review .. Inter Partes…more

Originally published in the Utah Employment Law Letter - October 2012. As children, many of us grew up listening to Dick Van Dyke in Mary Poppins as he bounced around the rooftops of London with “a broom for the shaft and…more

Robert Frost, the great American poet, once wrote that “a jury consists of twelve persons chosen to decide who has the better lawyer.” While the truth of that statement can be debated, it’s no lie that a jury can be a fickle…more