Publications Archive

Kirton McConkie international attorneys Thomas Monson and Kyle Petersen wrote a post for the firm blog, Perspective, which was picked up as a story for Corporate Compliance Insights.

Kirton McConkie adoption attorney Larry Jenkins highlights key questions prospective parents should ask when hiring a lawyer for a direct placement adoption.

Kirton McConkie employment lawyer Ryan Frazier highlights the bottom line for employers regarding same-sex marriages. Click title to read.

Kirton McConkie immigration lawyer Jake Muklewicz continues his discussion of the L-1 visa category in this second article in a two-part series. Click title to read article.

Kirton McConkie immigration attorney Jake Muklewicz contributed a chapter to the book Litigation Strategies for Immigration Issues, which was published by Thomson Reuters/Aspatore. Rather than radical immigration reform, he makes a case for a more practical and fair approach to resolve various immigration issues.

Kirton McConkie immigration lawyer Jake Muklewicz provides an overview in part one of a two-part series on the L-1 visa category, which is available to foreign nationals who work for a U.S. company's foreign parent, subsidiary, affiliate or branch office for at least one aggregate year within the three years immediately preceding the filing of an L-1 petition. Click title to read article.

Kirton McConkie technology lawyer David Shaw was contacted by KUTV's Matt Gephardt to answer a viewer question about whether a contract with Dish Network is broken if channels the viewer wants are dropped. Click to view.

Kirton McConkie employment litigation lawyer Brinton Wilkins discusses the importance of carefully drafting language that protects an employer’s ability to make necessary business-related changes to its benefits plans.

Kirton McConkie employment litigation lawyer Ryan Frazier talks about compliant employee handbook policies and the National Labor Relations Board's (NLRB) review and interpretation of employee rights under Section 7 of the National Labor Relations Act (NLRA). Click the title to read more.

Kirton McConkie intellectual property lawyer Nick Wells outlines 13 pointers to guide trademark due diligence in M&A transactions. Given the value of most brands, a high level of review and documentation is appropriate.

Kirton McConkie immigration attorney Jacob Muklewicz addresses how many U.S. employers unfortunately do not utilize the TN visa category, and the advantages it has over H1-B visas. Click the title to read more.

Kirton McConkie technology lawyer Drew Clark was interviewed for this article on state commitment to get universal access to fiber-to-the-home networks. Click the article title to read.

Kirton McConkie intellectual property attorney Nick Wells explains why here are significant differences between trademarks, domain names and trade names and how understanding the differences can help you properly protect your intellectual property.

Kirton McConkie immigration attorney Jake Muklewicz was interviewed for Law360's Immigration column. Click title to read the article.

In this month's Immigration Alert column, Kirton McConkie immigration and international attorney Elaine Young overviews recent changes affecting employers’ ability to attract and retain foreign workers. Click title to read article.

Find out the three aspects of trademarks that cannot be changed after registration. Kirton McConkie intellectual attorney Nick Wells guides you through mistakes you must not make when registering a trademark.

Some trademark registrations may provide only a small amount of protection, but investing in a portfolio of intellectual property has real advantages. Kirton McConkie intellectual property lawyer Nick Wells explains why. To read more, click the article title.

Kirton McConkie intellectual property attorney Nick Wells explains why many trademark owners, unfortunately, assume  once the mark is registered, the brand is secure. Find out more by clicking the article title.

Kirton McConkie employment litigation lawyer Ryan Frazier addresses employers duties to accommodate employees' religious practices and beliefs under Title VII. Click the title to read the full article.

On March 12, Utah Governor Gary Herbert signed into law newly enacted legislation aimed at preventing employment and housing discrimination against gays, lesbians, and transgender individuals. Click the article title to read more.

Tim Tebow may have had it right all along, while Jeremy Lin shot up a brick.

Update on The America Invents Act (AIA), including a chart to serve as a decision tool when considering your options for these types of proceedings. Click the article title to read more.

Kirton McConkie attorney David Shaw was interviewed for this E-Commerce Times article about Google's launch of YouTube Kids, a new mobile app designed to deliver family-friendly video content. Click the article title to read more.

Kirton McConkie employment litigation lawyer Brinton Wilkins address possible termination for sexual activity on school grounds--even if no student is involved and only one person is engaged in the activity. Click on the article title to read more.

The FAI program should always be considered in the process of filing a patent application, but first it needs to be understood.

Restriction requirements can be frustrating, so here's how to prevent and overcome them.

Kirton McConkie intellectual property lawyer Nick Wells acknowledges most people don’t want to use lawyers, but most will need one at some point. He shares six important rules for building a solid client-attorney relationship and improving your overall experience. Click article title to read full article.

The legal landscape related to sexual orientation and gender identity has been shifting in recent years. Recent lawsuits and statements by key governmental officials have now placed transgender/gender identity discrimination and other issues at the forefront. Click the article title to read more.

These tips help make sure your interview is efficient and economical for advancing prosecution of your patent application.

Kirton McConkie intellectual property attorney Ken Horton addresses the importance of keeping relationships among patents in a “patent family” clear. Click title to read more.

Kirton McConkie immigration attorney Jake Muklewicz poses his solutions to fixing the dysfunctional immigration system without massive reform in this letter to the editor. Click the title to read more.

The time a patent examiner has at his disposal is beyond the client’s control, but this is not true with the prior art reference.

Kirton McConkie attorney Shawn Gunnarson was interviewed for this article on the current situation since the U.S. government announced earlier this year that it would give up its historic oversight of the Internet Corporation for Assigned Names and Numbers (ICANN), the principal organization responsible for managing the Internet's domain name system (DNS). Click the title to read more.

Kirton McConkie intellectual property attorney Nick Wells writes about some cautionary tales in the crowdfunding space. Consider the risks, invest in professional advice when appropriate and take responsibility for making the project a success. Click the title to read the article.

Kirton McConkie employment litigation lawyer Ryan Frazier states in this article that while theft is a legitimate reason for discharging an employee, it does not prevent the employee from initiating a lawsuit to test the limits of the at-will-employment doctrine. Click the article title to read.

Kirton McConkie intellectual property attorney Nicholas Wells was interviewed for this article. To read more click the article headline. The USPTO’s statistics for the year to date report that just 2.6% of international trademark applications (Madrid) are approved upon first action, compared to 34.1% of applications via TEAS Plus and 17% by TEAS. For applicants this creates a number of challenges, and begs the question of whether the direct route to registration is a better option.

Kirton McConkie immigration attorney Jake Muklewicz addresses the Muklewicz frustration over not getting enough skilled employees due to the artificial quotas Congress places on the H-1B visa category. One resolution he provides for employers is the TN Visa category. Click the title to read more.

Friend-of-the-court briefs offer an important, even an irreplaceable, means of shaping judicial decisions that will determine how many businesses establish and defend their intellectual property rights.

Parties should be aware that prosecution and litigation of patents in foreign jurisdictions may have an impact on the enforcement of their corresponding U.S. patent rights

Kirton McConkie litigation attorney Brinton Wilkins outlines a case, which went to the U.S. 10th Circuit Court of Appeals. A terminated employee argued that his demotion was retaliatory and violated Title VII of the Civil Rights Act of 1964. Click the article title to read.

It is often desirable to seek an alternative to the litigation process. Mediation is a well-accepted means of dispute resolution and an alternative to litigation.

Prevailing in a patent infringement action requires that the court understand the asserted patent claims the same way the plaintiff does. Courts come to this understanding through claim construction which takes place in the Markman hearing.

If the claims are carefully construed, the accused product identified and analyzed, and the claims applied to the accused product, the plaintiff has an accurate road map for the litigation ahead. If any of these steps are missing or inadequate, the plaintiff can expects problems to arise rapidly.

Kirton McConkie employment litigation lawyer Ryan Frazier writes about a case where a part-time debate coach was passed over when the position was made full-time. The coach felt she was the most qualified candidate and concluded the decision to hire a male coach was gender discrimination. Find out why the U.S. 10th Circuit Court of Appeals (whose rulings apply to all Utah employers) concluded the hiring decision was devoid of discrimination. Click the article title to read more.

Kirton McConkie intellectual property attorney Ken Horton was interviewed by Law360 about a patent licensing network created by Google and other entities as protection from patent trolls.

Once an applicant has obtained a patent and has identified possible infringers in the marketplace, the question becomes what to do next. One of the most obvious steps is to contact the infringer by letter.

Kirton McConkie employment attorney participated with other notable Utah County executives in a roundtable discussion hosted by Utah Valley Business Q. Get some inside information on the hiring and firing process. Click the title to read the article.

Kirton McConkie tax and estate planning attorney Geoff Germane was interviewed by CNN in this article addressing how divorce doesn't put an end to your liability for joint debt accrued while you were married, even if the court rules your ex should pay it. Click the title to read the article.

Kirton McConkie employment lawyer Brinton Wilkins outlines the lessons learned in a Title VII discrimination case. Click on the title to read the article.