Eroding Section 230 Immunity for Platforms

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By Matthew H. Wood 801-365-1023 [email protected] Bobby Chesney and Danielle Citron in an as yet unpublished article titled, “Deep Fakes: A Looming Challenge for Privacy, Democracy, and National Security” argue convincingly that liability for “deep fakes” should fall to content platforms (i.e., Web sites that present information—think YouTube, Google, Facebook, Craigslist, eBay, Twitter, and I Read More

Preserving Lien Rights in Utah Through the Notice of Construction Lien

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By Joseph G. Ballstaedt 801-365-1021 [email protected] Liens are automatically created when a person provides construction services on a piece of real property. The lien is an encumbrance that attaches to the owner’s interest in the property, and all that the lien claimant needs to do to create the lien is provide the construction services. Nothing Read More

How Credit Applications Protect Utah Suppliers

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By Joseph G. Ballstaedt 801-365-1021 [email protected] Most Utah suppliers provide equipment, materials, supplies, and other goods to general contractors, subcontractors, and sometimes other suppliers on an ongoing basis. Depending on the nature of the business relationship, each purchase from the supplier might be made in one of many different ways— ranging from an email request, Read More

Restrictive Covenants: When Non-Compliance Might Be Acceptable

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By Joseph G. Ballstaedt 801-365-1021 [email protected] A property owner cannot build on and use his property in any way that he chooses. He must follow any applicable state and city laws and ordinances and obtain the required permits and approvals, of course. He must also be mindful of—and follow—any restrictive covenants that pertain to the Read More

The Preliminary Notice: The First Step in Preserving Lien Rights in Utah

Posted in Blog, Commercial Litigation, Construction Law, Real Estate Law by 1 Comment

By Joseph G. Ballstaedt 801-365-1021 [email protected] A construction lien—sometimes called a mechanic’s lien—is automatically created when a worker, contractor, subcontractor, supplier, or other entity in Utah provides work, services, or improvements on or for a specific piece of real property. (For simplicity in this post, we’ll refer to this as “construction work.”) A lien attaches Read More

Best Practices in Keeping Accounts Receivable from Default

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By Kevin M. Bischoff 801-365-1018 [email protected] Many businesses allow their customers to purchase goods and services on issued credit. Rather than requiring cash up front, the business will ultimately allow the customer to pick up the goods or acquire said services without paying first. Instead, the business will invoice the customer after the fact, and Read More

Not All Unenforceable Construction Lien Claims in Utah Are Wrongful Liens

Posted in Blog, Commercial Litigation, Construction Law, Real Estate Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] A lien on real property (i.e. land and buildings) is a claim against this property for the payment of money. A notice of lien is generally a document that is recorded with a county recorder’s office in Utah that gives notice to the public that this piece of property Read More