Your initial response to the title question should certainly be ‘No’. In light of a recent case pending in the U.S. Court of Appeals, however, you may want to reevaluate your representations made in contract or settlement negotiations. A bank VP was convicted of fraud based on representations he made in a deal he made […]
Do Your Contract or Settlement Negotiations Amount to Fraud? Read More »
You have carefully crafted your employee handbook to expressly and explicitly disclaim any contractual relationship with your employees and keep them at-will and then- BOOM. You got cute with the fine print. You kept your important language buried in the minutia of the handbook while keeping all the employee-friendly terms front and center. This may
When Your Employee Manual May Hurt More than It Helps- a Fresh Utah Example Read More »
Do you have a neighbor whose conduct is reducing or barring you from enjoying your own property? A nuisance claim may be the answer to your problem. Nuisance law is alive and well in Utah and modern courts. The problem, however, is its relative complexity. “There is perhaps no more impenetrable jungle in the entire
Utah Property Law- What to Do About Annoying Neighbors Read More »
Insurance covers whatever has a value. I do not sell insurance but I am a consumer of it: in business, at home, and as a source of income. It is a monster topic with many issues. Let me share some bits that you may not have considered. Why should your startup or new business consider
Does Your Business Need Insurance? Tips from a Utah lawyer Read More »
This is a cautionary tale for those who lend money for bail in Utah. You have to know that your money is at risk if you lend money to bail someone out of jail. It is apparently a profitable business but you should probably leave it to the professionals. So, when your buddy or brother-in-law
Posting Bail in Utah: a Free Tip from the Royal Consulate of the Kingdom of Saudi Arabia Read More »
What is adverse possession you ask? Good question. It’s when a possessor of land claims ownership of land when title is held in the name of someone else. It can make a claimant into the legit title owner of real property. It applies to raw land as well as the all structures on the land.
Utah Property Rights: Tips for Claiming Adverse Possession Read More »
The Utah courts of appeal recently are breaking out the creative stick. Here’s the most recent literary opening gambit: “The best-laid schemes o’ mice an’ men gang aft agley an lea’s us nought but grief an’ pain for promis’d joy.” Robert Burns, Tae a Moose, in The Best Laid Schemes: Selected Poetry & Prose of
You Want to Appraise Real Property in Utah? Here Are Some Pointers Read More »
The Utah Supreme Court quipped recently: “‘In the beginning God created the heaven and the earth,’ Genesis 1:1, and families have been fighting over them ever since.” Rawlings v. Rawlings. Family disputes over inheritance and land is like a Ronda Rousey opponent: a bloody mess. Everyone in a family dispute is convinced they are right,
The Utah Supreme Court Guide to Family Property Disputes Read More »
Utah businesses recently received a boost to their ability to protect their trade secrets from misappropriation by employees. The Utah Supreme Court smacked down a former employee’s efforts to make off with trade secrets in violation of both an employment agreement and Utah’s Uniform Trade Secret Act (UTSA). The case is Innosys, Inc. v. Mercer,
Utah Supreme Court Strengthens the Uniform Trade Secret Act for Utah Employers Read More »
This is Part III of a three part series on business or commercial contingency fee cases. See Part I and Part II. You may have a claim for damages that you may not be able to afford to pursue. Damages run the gamut from personal injury to lost profits, lost income, loss of business opportunities, defamation,