Articles & Insights

Legal insights and updates from our attorneys.

Commercial Litigation

June 29, 2016

Should I Sue? A Guideline for Creditors

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...

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Real Estate Law

June 15, 2016

Tips for Getting Paid and Avoiding a Lawsuit on Your Next Construction Project

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...

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Estate Planning and Probate

May 24, 2016

New Power of Attorney Law Holds Promise and Risk

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...

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Commercial Litigation

May 18, 2016

How to Recover Attorney Fees

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,...

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Commercial Litigation

May 6, 2016

Repair Your Credit Score with a Little Help From the Law

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...

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Business Organization

May 3, 2016

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...

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Commercial Litigation

April 21, 2016

Navigating Utah’s Prelitigation Process for Medical Malpractice Claims

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...

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Estate Planning and Probate

April 16, 2016

Estate and Gift Taxes: How They Work

Many states have taxes designed to get in on the gifting of property during lifetime and at death. Not so in Utah. The Beehive State has no estate or gift tax. However, the federal estate and gift...

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Business Organization

April 15, 2016

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...

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Transportation Law

April 13, 2016

What Do I Do With a Broken Seal Load?

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...

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Business Organization

April 11, 2016

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...

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Real Estate Law

April 1, 2016

Buying a Home? Get What You Pay For

A real estate transaction is the largest purchase many of us will ever make. Fortunately, the process in place is one designed to minimize surprises as much as possible. Take advantage of that system...

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Real Estate Law

March 28, 2016

What Is a Preliminary Notice and How Do I File One?

Over the years, I’ve fielded countless calls from frantic individuals, subcontractors, contractors and suppliers desperate to file a construction lien against a project immediately because that was...

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Real Estate Law

March 21, 2016

Lis Pendens Explained

“Legalese” often renders the law more confusing than it needs to be. Case in point: “lis pendens” (pronounced liz pendenz). This latin phrase meaning “lawsuit pending” refers to a legal document...

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Transportation Law

March 4, 2016

The Contract Mistake Nearly All Freight Brokers Make

Too often freight brokers lose out on the opportunity to establish safety nets in their contracts. Freight brokers occupy a unique space in transportation. They arrange for transportation of cargo...

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Construction Law

February 24, 2016

A Utah Contractor’s Guide To Construction Defect Statutes of Limitation and Statutes of Repose

For a contractor, the start of a new project means coordinating what can often feel like a thousand moving pieces. When this happens, it’s easy to forget to take in account time limitations for...

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Construction Law

February 22, 2016

Vicarious Liability and Independent Contractors: A Short Explanation

As employers in the business industry know, they are directly responsible for any damages a negligent employee may cause. This is known in the legal field as “respondeat superior” or “vicarious...

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Real Estate Law

February 11, 2016

Keep Out: Minimizing Liability for Non-Public Business Locations

For anyone operating a business or controlling a construction site, an unauthorized person entering a private area and leaving with an injury can be a big concern. In the courts, responsibility for...

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Commercial Litigation

February 4, 2016

Writ of Garnishment: A Creditor's Collection Tool

For anyone who’s ever watched an invoice go unpaid or had difficulty collecting money owed them, a Writ of Garnishment is a powerful tool in ensuring full payment—especially when the debtor is...

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Transportation Law

November 11, 2015

Should a Freight Broker Pay the Shipper for Damage to the Shipper’s Cargo?

A question we frequently get from our broker clients is whether they should pay their client, the shipper, for loss or damage caused to the shipment during transit, and take an assignment of the...

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