Publications Archive

Kirton McConkie regulatory lawyer Craig Metcalf addresses the case of Federal Communications Commission (FCC) v. Fox Televisions Stations and the FCC's use of vague policy statements on indecency issues.

The holiday rush is over and it’s time to make annual New Year’s resolutions relating to good employment practices. This article gives 11 helpful tips for improved human resources management.

Non compete covenants are fairly common in employment agreements, especially where an employee may have access to confidential information or possess specialized, unique skills. Noncompete covenants are designed to ensure that employees do not directly compete with the employer when the employment relationship ends. Lawmakers and courts, however, do not seem to share an employer’s enthusiasm for  noncompete covenants.

Employers often use the holiday season to show their appreciation for employees’ hard work and celebrate with employees in the workplace. Unfortunately, however, even an office holiday party planned with the best of intentions can create legal liability for you or even turn tragic.

What is the status of religious freedom in the world today? What barriers does it face? What are the realistic prospects for improvement, and why does this matter? The Future of Religious Freedom addresses these critical questions by assembling in one volume some of the best forward-thinking and empirical research on religious liberty, international legal trends, and societal dynamics. For information on this book, click here.

On August 21, in in EME Homer City Generation, L.P. v. Environmental Protection Agency, the D.C. Circuit vacated the Environmental Protection Agency’s (EPA) Transport Rules governing air pollution emissions, which travel across state boundaries. The rules defined emission reduction responsibilities of 28 upwind states. The rules governed SO2 and NOx emissions, primarily from coal and natural gas fired power plants.

In a 9-0 ruling, the U.S. Supreme Court ruled in Sackett v. EPA that the Environmental Protection Agency (EPA) had violated due process rights in an enforcement proceeding brought under the Clean Water Act. The Act prohibits “the discharge of any pollutant by any person” into a “navigable water” without a permit. Upon finding a violation, the EPA can issue a “compliance order” or file a civil enforcement action. The statute gives the EPA power to fine violators up to $35,700 per day. The EPA contends the amount doubles to $75,000 per day when the EPA prevails against a person who has been issued a compliance order but failed to comply.

The Employment section attorneys at Kirton McConkie edit and write articles for The Utah Employment Law Letter (HRhero.com). Following is a link to one article from the current issue written by Kirton McConkie Employment and Litigation lawyer Lance Rich. The newsletter is edited by Employment and Business attorney Darryl Lee.

The Employment section attorneys at Kirton McConkie edit and write articles for The Utah Employment Law Letter (HRhero.com). Following is a link to one article from the September issue written by Kirton McConkie Employment and Litigation lawyer Brinton Wilkins. The newsletter is edited by Employment and Business attorney Darryl Lee.

The time is quickly expiring to take advantage of current increased gifting limits. Every individual with an accumulated estate in excess of $1,000,000, particularly those with estates well in excess of that amount, should take advantage now before the opportunity expires December 31, 2012

Kirton McConkie immigration lawyer Elaine Young outlines a new immigration enforcement policy that opens new doors to thousands of immigrant youths who have graduated from American high schools but are not authorized to work in United States because they are here unlawfully. The new policy gives them a degree of legal protection from deportation and will authorize employment.

The Employment section attorneys at Kirton McConkie edit and write articles for The Utah Employment Law Letter (HRhero.com). Following is a link to one article from the September issue written by Kirton McConkie Employment and Litigation lawyer Lance Rich. The newsletter is edited by Employment and Business attorney Darryl Lee.

The Employment section attorneys at Kirton McConkie edit and write articles for The Utah Employment Law Letter (HRhero.com). Following is a link to one article from the August issue written by Kirton McConkie Employment and Litigation lawyer Lance Rich. The newsletter is edited by Employment and Business attorney Darryl Lee.

Kirton McConkie business and international attorney Chad Grange was extensively quoted in an article for Healthcare Finance News on the downward trend for life science venture capital funding. Grange takes a more bullish stance on the trends stating stars in the industry will attract venture capital in the future.

Kirton McConkie's Ken Horton published an article in Law360 regarding the final rules on third-party prior art submissions recently issued by the U.S. Patent & Trademark Office. In the article, Horton offers nine tips for third-party prior art submissions.

The Employment section attorneys at Kirton McConkie edit and write articles for The Utah Employment Law Letter (HRhero.com). Following is a link to one article from the August issue written by Kirton McConkie Employment and Litigation lawyer Brinton Wilkins. The newsletter is edited by Employment and Business attorney Darryl Lee.

Kirton McConkie Estate Planning attorney Geoff Germane outlines options available to those who may have outgrown their family limited partnership (FLP).

Kirton McConkie Business attorneys Gary Winger and Alex Pearson published an update to the Utah Revised Uniform Limited Liability Company Act in the July 2012 issue of Utah Business magazine. The LLC Act was slated to go into effect July 2012, but has been delayed until at least July 1, 2013.

The Employment section attorneys at Kirton McConkie edit and write articles for The Utah Employment Law Letter (HRhero.com). Following is a link to one article from the May issue written by Kirton McConkie Employment and Litigation lawyer Lance Rich. The newsletter is edited by Employment and Business attorney Darryl Lee.

Kirton McConkie intellectual property lawyer and former patent examiner Ken Horton addresses a recent case where the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences reversed an obviousness rejection because it relied solely on a legal principle.The board specifically held that reliance solely on a per se rule of obviousness is improper and ruled that when rejecting a claim as obvious over the prior art, the examiner must compare the claimed invention, including all its limitations, with the teachings of the prior art rather than relying on the legal principle alone.

Kirton McConkie business and litigation attorney R. Shawn Gunnarson was quoted in an Adweek article today on ICANN's release of 1,930 new gTLDs applicants. He comments on ICANN's proposed selection process.

Kirton McConkie business and litigation attorney R. Shawn Gunnarson was quoted in the Law360 article, stating, "When those generic-term domains go online, brand owners will have many decisions to make about what to do with their trademarks." He added, "Companies would be well-advised to make a concrete list of trademarks they want to protect and the new domains for which they want to register their marks. Since no one knows whether the new domains will catch on, it would likely be prudent to overreact and file more defensive registrations than may seem necessary, he said.

The Employment section attorneys at Kirton McConkie edit and write articles for The Utah Employment Law Letter (HRhero.com). Following is a link to one article from the May issue written by Employment and Litigation lawyer Brinton Wilkins. The newsletter is edited by Employment and Business attorney Darryl Lee.

Franchising can be a road to financial success, provided the franchisor approaches the process with realistic expectations and a sound business concept. In this guide, we outline nine basic aspects of your existing business that are essential to begin franchising.

The franchise attorneys at Kirton McConkie answer questions they are frequently asked when a business owner or a company’s senior management is contemplating ways to expand a business. Often franchising comes to mind, but there are other business structures, including licensing, distribution agreements, direct sales and business opportunities.

The Employment section attorneys at Kirton McConkie edit and write articles for The Utah Employment Law Letter (HRhero.com). Following is a link to one article from the April issue written by Kirton McConkie Employment and Litigation lawyer Lance Rich. The newsletter is edited by Employment and Business attorney Darryl Lee.

Intellectual Property lawyer and former USPTO examiner Ken Horton offers several strategies for preventing patent restriction requirements from being imposed, overcoming imposed requirements and reducing the impact on the patent application.

The Employment section lawyers at Kirton McConkie edit and provide articles for The Utah Employment Law Letter (HRhero.com). Following is an article from the March issue written by Employment and Business attorney Darryl Lee and Employment and Litigation lawyer Lance Rich.

Business and Litigation lawyer Shawn Gunnarson  writes about the emerging nations pushing for government control over the Internet. The Internet is currently run by a private, California-based company, but all that could change. Read this article to find out why you should care about what is happening globally concerning Internet governance.

Business attorney Randy Johnson outlines the basic structure of and unique exclusions in a typical Directors & Officers policy to help readers maximize coverage and minimize surprises.

Intellectual Property attorney (and former USPTO examiner) Ken Horton takes readers through the basic steps of analyzing a patent rejection and then writing the reply.

Business and Litigation lawyer Shawn Gunnarson outlines ways companies can protect trademarks in light of the new ICANN domain names.

Business attorney Randy Johnson provides criteria defining franchises and how to avoid becoming an accidental franchise.

Intellectual Property attorney Ken Horton was interviewed by Susan Decker of The Washington Post regarding the current trend in strategy to fight patent suits that shun the courtroom in favor of government reviews.

The Employment section lawyers at Kirton McConkie edit and provide articles for The Utah Employment Law Letter (HRhero.com). This article from the February issue was written by Kirton McConkie Employment and Business attorney Darrell Lee.

Real Estate attorney Bill Meaders provided a question and answer format about his experience with real estate transactions for Law360.

Kirton McConkie Business attorney Randy Johnson wrote this article for Inside Counsel in which he outlines the core functions of the bureau and how it intends to carry out its responsibilities.

Business and Litigation lawyer Shawn Gunnarson challenges companies about reliance on the Internet in an article for Inside Counsel. He points out that serious thought should be given to how deeply the Internet is embedded in an organization’s business plan and to the internal Internet policies on which that plan relies.

Intellectual Property attorney (and former patent examiner) Ken Horton outlines methods for quickening the USPTO patent appeals process in this Law360 article.

Business attorney Randy Johnson cautions companies about exercising care in how service providers are classified, particularly given stiff penalties from the IRS.

Litigation lawyer Rod Andreason offers a warning about written contracts. In the article, he states, "No matter what your written contract says, your business could still be liable for doing, or not doing, things you never even discussed before signing the contract."

Even if applying for a generic Top Level Domain (gTLD) doesn’t make sense for your organization, ignoring the application process would be a mistake, warned Litigation lawyer Shawn Gunnarson. The article outlines how companies can protect against intellectual property infringement related to Internet domain names.

Business attorney Randy Johnson addresses how a single-member LLC is recognized as a separate legal entity for liability purposes, but disregarded as a separate entity for tax purposes and how, in some respects, these concepts are at odds.

Internet governance has entered the mainstream of management issues. Business and Litigation attorney Shawn Gunnarson warns that this issue must be understood and mastered for an organization to effectively pursue its goals.

Business and Litigation lawyer Shawn Gunnarson outlines why more businesses should understand the impact ICANN has on the Internet as well as companies that rely on the Internet.

Business attorney Randy Johnson cautions companies raising capital through private securities offerings about their finders fees agreements for raising capital.

Business attorneys Gary Winger and Alex Pearson outlined how the new LLC law differs from the existing law currently regulating LLCs. The was originally to be effective July 1, 2012 for all new LLCs, but implementation was delayed. Refer to the article by these authors in the July 2012 issue of Utah Business for the latest information.