Tips for Getting Paid and Avoiding a Lawsuit on Your Next Construction Project

Posted in Commercial Litigation, Construction Law by Leave a comment

Being a part of building something that will last can be a great source of lasting satisfaction. That said, there is one thing that will sour that satisfaction regardless of how successful the project is—NOT GETTING PAID! As anyone in the construction business knows, too many projects end up with conflicts over payment, resulting at Read More

New Power of Attorney Law Holds Promise and Risk

Posted in Estate Planning And Probate by Leave a comment

Powers of Attorney are powerful and potentially risky documents.  A person signing a power of attorney (the “Principal”) is delegating certain authority listed in the power of attorney to another person (the “Agent”).  Properly drafted, a power of attorney can be a useful tool in dealing with incapacity or absence.  However, persuading banks, title companies, Read More

How to Recover Attorney Fees

Posted in Commercial Litigation by Leave a comment

Without fail, my clients will always ask, “Can I recover attorney fees from the dirt bag I am suing?” (Okay, maybe not in these exact, polite terms). My answer is always the same: “Maybe.” In Utah, and every other state, each party is typically responsible for their own attorney fees. There are exceptions. For example, Read More

Should You Register Your Trademark?

Posted in Business Organizations by Leave a comment

If you’ve spent time and resources developing your brand (or if you plan to in the future), registering your trademark will help you protect those investments. Wondering if a trademark is right for you? Here are five basic pointers to guide your decision. Who Can and Should Register a Trademark? Only the individual, corporation, partnership, Read More

What Do I Do With a Broken Seal Load?

Posted in Transportation Law by Leave a comment

Freight brokers are increasingly facing consignees who reject freight when a carrier shows up at the delivery dock with a broken seal. Here is how you can defend against the trend. In both truckload and less-than-truckload shipments, shippers often require their freight to be transported in “sealed” containers. Sealed shipments help document chain of custody Read More

Utah’s Game-changing Non-compete Law

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Starting May 10, 2016, Utah non-compete agreements can only restrict employment for one year. Employers frequently use non-compete agreements to limit where and when employees can go to work for a competitor. Previously, those limits ranged from restricting employment with a handful of employers for a year or two, to any competitor in the United Read More