I often get calls from businesses and individuals looking to recover money owed them. Each time the question is the same: Should I sue? The answer: It depends. While each situation is unique, here are a few questions to consider when trying to decide whether to file a lawsuit. What is your ultimate goal? The Read More
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
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
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
Most individuals are aware of the impact poor credit can have on their lives. What they are often not aware of is how common it is for a credit report to contain significant errors which negatively affect their score. A 2012 Federal Trade Commission study found that one in five consumers has an error on Read More
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
It pays to go into prelitigation knowing what to expect along the way. If you’re a licensed medical professional facing a claim, addressing it can feel more than a little like finding yourself “within a forest dark,” to borrow from Dante. But there is a light in the forest. With a little background the process Read More
Employee handbooks are an excellent way for businesses to communicate their policies and procedures to their employees. If it’s been a while since you updated your handbook, you should consider a revision. If you don’t have a handbook, now is a great time to start. No matter what size your business is, if you have Read More
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
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
