• How to Start a Partnership in Utah

    When you are starting a business, if you have a business partner (or two or more), you can choose a partnership as your business entity. After reviewing the options, you have decided a limited partnership (LP) or limited liability partnership… Read More

  • How to Start an LLC in Utah

    You have a great business idea, you have a business plan, now you need to form the entity to start conducting business. After reviewing the options, you have decided a limited liability company (LLC) is the best choice for you.… Read More

  • What Sellers and Purchasers Need to Know about a Utah Real Estate Sale

    A real estate sale can seem like a daunting task, but with an attorney on your side, you can sail through with ease. There are a few documents that you need to understand when entering into a real estate transaction:… Read More

  • The Need of Contract Review for Entities and Individuals

    Whether you are signing a contract as an entity or as an individual it is important to have an attorney review the contract before you sign. A contract of any kind is binding as long as there is a valid… Read More

  • Privacy Policies for a New Business in Utah

    Why do I need a privacy policy? When starting a new business, the founders are often juggling many different needs at once. Between the idea, the people, the money, the website, the product or service, and a host of other… Read More

  • How to Deal with Ambiguous Contracts in Utah

    By Joseph G. Ballstaedt 801-365-1021 [email protected] What happens when two parties to a contract disagree about what the contract language means? How are ambiguities in a contract resolved? Utah courts and judges should interpret and enforce each contract in a… Read More

  • Does a DBA Protect Me from Personal Liability?

    By Joseph G. Ballstaedt 801-365-1021 [email protected] A client of mine owned a company that was involved in a lawsuit, and he was not worried about personal liability because the company was a DBA (“doing business as”). He, personally, had applied… Read More

  • Initial Response to Employee Discrimination Charges

    By Nathan D. Anderson Charges of discrimination are daunting for small businesses. This article will help you and your small business better understand employee discrimination charges and some good, initial steps you can take in response.   What is a… Read More

  • Can Employees Refuse to Return to Work because of COVID-19?

    By Nathan D. Anderson [email protected] 801.365.1024   Utah is easing some of its COVID-19 restrictions. With the move from “high risk” to “moderate risk” under the Utah Leads Together Plan, some businesses are reopening. While some employees are anxious to return… Read More

  • Eroding Section 230 Immunity for Platforms

    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… Read More

  • What You Can Do Now to Prevent Expensive Legal Battles Down the Road

    Time is money, especially when it comes to the law. A primary reason is that in the majority of cases, attorneys are paid hourly. And additional legal experience an attorney brings to table is typically reflected in the rate. Combine… Read More

  • Protect Your Small Business from Employee Embezzlement

    As a small business owner, you’re required to wear a variety of hats. Hiring employees can be a smart way to avoid burnout and improve productivity when the tasks of operation become too much. There is a dark side to… Read More

  • At-Will Employment Guide: The Benefits and Pitfalls of the At-Will Employment System

    In an effort to provide employees greater job protection, legislatures and courts across the country have slowly enacted a number of exceptions and restrictions to the traditional at-will employment system used by most employers. The traditional conception of at-will employment… Read More

  • Who Can Own and Register a Trademark?

    This article represents the second in a series regarding trademarks. To read the first article in this installment, click here. On the surface, the answer to the question “Who can register a trademark?” is a simple one: The person or… Read More

  • Should You Register Your Trademark?

    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… Read More

  • Employee Handbooks: One Size Doesn’t Fit All

    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… Read More

  • Utah’s Game-changing Non-compete Law

    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… Read More

  • Utah Private Employers Must Use E-Verify

    Utah law requires all private employers that employ 15 or more employees to use E-Verify or some other verification system to verify the employment status of new employees. A private employer is “a person who for federal taxation purposes is… Read More

  • What are the Pros and Cons of a Sole Proprietorship?

    A sole proprietorship is the simplest form of business entity. It requires no formal organization papers or formalities for conducting the business. Essentially, the individual functions as a business and is liable for all of the debts and liabilities incurred.… Read More

  • What Is a Partnership and When Is It a Good Idea?

    A partnership is simply a joint venture of two or more individuals conducting a business together for profit. Like the sole proprietorship, the partners are liable for the debts and liabilities of the business individually. Again, no formal organization is… Read More

  • Limited Partnership: A Guide

    A limited partnership (LTD) is a hybrid of a corporation and a partnership. The general partners manage the business on a day-to-day basis and are personally liable for the debts and liabilities of the partnership. However, the limited partners do… Read More

  • Why a Corporation May Be the Right Choice For Your Business

    Corporations can be involved and diverse. Nevertheless, there are some things all corporations have in common. For instance, at its core a corporation is an entity separate from any of the parties forming it. It is formed by filing Articles… Read More

  • Limited Liability Company: Who Is It For?

    A hybrid of partnerships and corporations, an LLC provides limited liability for all of its “members.” This is true even as management of the company may remain the same as a general or limited partnership. Its structure is flexible, allowing for a wide variety… Read More

  • Employment Law: An Overview

    Recruiting and Hiring Procedures For many employers the primary objective in the recruiting and hiring process is to generate a pool of qualified candidates from which the employer can then identify and hire the most qualified applicant. While most employers… Read More