News

Utah Law Governing Non-Competition Agreements – April 2017 Update

Contract, Employment, News, Regulatory and Compliance / Ken

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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Do You Need Help with Affordable Care Act Reporting?

News, Regulatory and Compliance / Ken

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

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Do Your Contract or Settlement Negotiations Amount to Fraud?

Contract, Employment, News / Ken

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

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When Your Employee Manual May Hurt More than It Helps- a Fresh Utah Example

Contract, Employment, News / Ken

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

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Posting Bail in Utah: a Free Tip from the Royal Consulate of the Kingdom of Saudi Arabia

3 Comments / Criminal Law, News / Ken

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

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You Want to Appraise Real Property in Utah? Here Are Some Pointers

Appraisal, Foreclosure, News, Real Property / Ken

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

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The Utah Supreme Court Guide to Family Property Disputes

2 Comments / Estate Planning, News, Succession Planning / Ken

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,

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Utah Supreme Court Strengthens the Uniform Trade Secret Act for Utah Employers

4 Comments / Employment, News / Ken

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,

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Re-think Your Privacy Policy- the Snapchat Example

News, Privacy / Ken

Perhaps the first question is: does your Utah business have a privacy policy? If yes, you get a star. If no, go back two spaces and lose a turn. Next question: does your company’s privacy policy do what you mean it to do? And, are you sure? That is where Snapchat and Spotify (and probably others)

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The Best States For Business And Careers 2015 – Forbes

News / Ken

Utah has been a tech destination for years, with companies like eBay EBAY +0.65%, Oracle ORCL +0.00%, Microsoft MSFT +0.00% and Twitter TWTR +1.18% building up a heavy presence in the state as a low-cost alternative to California. However, the tech scene is evolving in Utah. “Places like Salt Lake City have been successful as the back office to

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