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Contract

Utah Accountant Liability: Is Your Accountant Working for You or Not?

Million-dollar view from one of my favorite rocks in Farmington, Utah Did you engage your accountant to work for your company (LLC or S Corp) or did you engage him or her to work for you personally? The reason that I ask this has to do with whether you can personally rely on your accountant’s …

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Utah Employers and Employees Have Contracts Just Like Everyone Else

Utah is an at-will employment state, meaning that “either the employer or the employee may terminate the employment for any reason (or no reason) except where prohibited by law.” This termination right, however, is not without limitation and could be modified either by written or verbal agreement. So, as with most legal rules, there are …

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IS MY UTAH BUSINESS PARTNERSHIP IN TROUBLE?

Utah business partners: are you in trouble? Seen here mountain biking on Antelope Island, Utah Short answer: probably. It all depends on what you mean by ‘trouble.’ Do you mean, “is my Utah business partnership about to implode (or explode!)?” If you are asking yourself that question, you probably already know the answer. Get Utah …

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The Utah Supreme Court Again Requires Reasonable Conduct Under the Circumstances

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 …

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Basic Contract Terms in Utah

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.

Utah Law Governing Non-Competition Agreements – April 2017 Update

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 …

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