Business Organization

How the Federal Trade Commission Might Kill Non-Competes in Utah

By Joseph G. Ballstaedt801-365-1021joe@snjlegal.com The Federal Trade Commission (FTC) recently announced it is considering a rule that would ban all non-compete agreements. A non-compete agreement (or non-competition agreement) is a clause in an employment contract that prohibits the employee from seeking or taking a certain type of employment after the conclusion of the employee’s employment with the employer. Non-competes sometimes …

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5 Tips for Successfully Negotiating Franchise Agreements

By Benjamin Jensen 801-365-1017 ben@snjlegal.com Whether you are a working-professional looking to expand your services through a well-known brand or a passive investor trying to diversify your portfolio, opening a franchise location can be a lucrative opportunity that enriches both the franchisor and franchisee. The following five tips will help potential franchisees identify and capitalize …

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What Happens When a Utah Contractor Works Without a License?

By Joseph G. Ballstaedt801-365-1021joe@snjlegal.com Doing construction work in Utah without a proper license is a risky business. This article discusses what construction work requires a license and what work is exempt from requiring a license. This article also explains the general rule that prevents an unlicensed contractor from suing for unpaid work on a construction …

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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. Making the choice to create an LLC is a big decision, but there are still …

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Stopping Employees from Breaching Non-Competes and Non-Solicits Through Injunctions

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com After a Utah employee leaves his or her employer and breaches a non-compete agreement by working for a competitor, or he or she breaches a non-solicitation agreement by soliciting customers or employees of the former employer, can that employer stop the employee from continuing to engage in this conduct? Often times, yes. If the employer can …

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Are Non-Competition Agreements in Idaho Enforceable?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Idaho, a non-competition agreement is an agreement between an employer and an employee that prohibits the employee, after the employment relationship ends, from engaging in employment or a line of business that directly competes with the employer. Non-competition agreements generally prohibit employees from selling or offering to sell products or services that are …

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Are Non-Solicitation Agreements in Utah Enforceable?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Usually, a non-solicitation agreement (or a non-solicit) is a written agreement signed by an employee that prohibits the employee from soliciting—or reaching out to do business with—the employer’s clients and customers after the employment relationship ends. A non-solicit can also refer to an agreement that prohibits an employee from soliciting or enticing …

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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: deed of trust, promissory note, and guaranty. Let’s walk through these documents so you can …

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