The Utah Supreme Court upheld the disbarment of attorney Susan Rose for conduct in violation of the Utah Rules of Professional Conduct. It’s a reminder to attorneys and the clients who hire them that there are limits to the judicial process and how cases are conducted in court.
Part 1 of 3: Fences Make Good Neighbors. Property disputes are common. Unraveling a property dispute, however, can take some fancy footwork and legal wrangling. You have questions, so let me give you a few answers. There are a number of legal avenues to assert rights to property including ownership rights, possession rights, and use …
Establishing Property Ownership Rights in Property in Utah, Part 1 Read More »
If you are an accountant in Utah, you know that you have a friend in the Utah statutes, specifically Utah Code section 58-26a-602 (the Accountant Liability Statute). Your protection is that you only owe fiduciary duties to your client and not to others. The Utah Court of Appeals recently reiterated the strength of this protection …
Utah Accountants Remain Well-Protected After Recent Utah Court of Appeals Ruling Read More »
The Utah Supreme Court ruled against a debtor who asserted a novel defense to repayment of a $250,000 loan in default. The case is Crapo v. Zions Bank. The debtor claimed that once the bank sent him a Form 1099-C discharging his debt, the bank could no longer attempt to collect the bad debt from …
The Utah Supreme Court Again Requires Reasonable Conduct Under the Circumstances Read More »
When you start a business in Utah, you are going to make money. When you make money, you will have to pay taxes. The type of business you create will determine how you account to the IRS for the money you make. The four business entities that an entrepreneur will typically encounter are partnerships (including …
Important Tax Considerations in Starting a Business in Utah Read More »
The Utah Court of Appeals recently provided a quick and dirty summary of basic contract terms in Lebrecht v. Deep Blue Pools, 2016 UT App 110. The case also provides a primer for creating an enforceable settlement agreement without an attorney. Let’s take a look.
What happens when you suffer harm from a breach of contract that you cannot prove or would have a very difficult time proving? Such as for a delay? Often your damages will go unreimbursed. One typical situation is for delay in contract performance– “Time Is Money,” right? The proof of damages under this axiom is …
How to Use a Liquidated Damages Clause in Utah Contracts Read More »
In Utah, claims against landowners, i.e., ‘premises liability’ claims, are subject to the ‘open and obvious hazard‘ defense. This defense is the assertion that the injured person failed to protect themselves from a risk that should have been apparent to them. Businesses and landowners who may have customers, clients, or patrons visit their property should …
The Open and Obvious Hazard Defense to Premises Liability Claims in Utah Read More »
The Utah Legislature recently passed and Governor Herbert signed a law in 2016 limiting non-competition agreements. It can be found at Utah Code Ann. 34-51-101, et seq. Please note that I updated this article as of April 2017. When the law initially started through the Legislature, it seriously limited non-competition covenants. The end result was much …
Utah Law Governing Non-Competition Agreements – April 2017 Update Read More »
Reporting on offers of health insurance coverage by Utah employers under section 6056 of the Affordable Care Act (ACA) is first required in early 2016 with respect to calendar year 2015. If you find yourself in this situation, my partner, Chris Droubay, has experience and expertise in this area. I am confident he can provide valuable …
Do You Need Help with Affordable Care Act Reporting? Read More »