The Work-product Doctrine: Application Generally

February, 2016 Introduction The work-product doctrine provides an attorney a certain level of autonomy regarding mental impressions, conclusions, opinions, and legal theories surrounding a case.  This article discusses the applicability of the work-product doctrine generally. Utah Work-product Generally The work-product doctrine is a judicially created doctrine now codified in Utah Rule of Civil Procedure 26(b)(5). … Read more »

The Work-product Doctrine: Application to Documents Relied on and Prepared by Business Entities’ Internal Investigations

February 2016 Introduction As litigation becomes more complex and as businesses become more sophisticated, issues begin to arise as to what documents and materials are afforded protection. For example, in construction disputes, the issue of causation is typically complex. Parties often will hire third-party consultants or engage in their own internal investigation into the issues… Read more »

Are “Deadbeat” Parents Getting a Fair Rap?

Heather Tanana January 2016 Society has labeled parents that do not pay court ordered child support as “deadbeats.” However, a study published in February 2015 ( looked into whether so-called “deadbeat dads” are in fact financially providing for their children in other ways. The researchers found that many disadvantaged noncustodial fathers spend an average of… Read more »

What is a Copyright and Why Should I Protect It?

October 2015 In my practice, clients often confuse copyright and trademark. That’s understandable, given that the two both protect what is sometimes called intangible intellectual property, yet they protect very different types of rights. Below we will delve into the realm of copyright. What is a copyright? Stated simply, copyright protects original creative works. It… Read more »

What is a trademark?

October 2015 A trademark is a word, phrase, symbol, or design (or some combination of the foregoing) that designates origin of a product or service and distinguishes it from competitors. What is eligible for trademark? Trademark registration can be granted on distinctive names, logos, and slogans. What is the difference between a registered and unregistered… Read more »

Utah Public Water Access

Restoring Public Access to Public Waters

May 2015 Since 2011, RBMN’s Craig Coburn has been serving as pro bono counsel to the Utah Stream Access Coalition (USAC) in lawsuits seeking to restore public recreational access to as many as 2,500 miles of Utah streams that was effectively eliminated in 2010 under Utah’s ill-named Public Waters Access Act.  Craig and another pro… Read more »

Utah Recievership


May 2015 A Receivership case is an insolvency proceeding, roughly akin to a bankruptcy.  However, the rules governing Receiverships are not as well-defined as in a bankruptcy proceeding.  It is possible for someone who has made an investment or purchased an interest in a company or property to be drawn into a Receivership case based… Read more »

advanced industries employment

Utah One of the Leading States for Advanced Industries Employment

February 2015 A recently released report from the Brookings Institution entitled “America’s Advanced Industries: What They Are, Where They Are, and Why They Matter” highlights the strength and diversity of Utah’s economy.  The report defines an industry as an “advanced industry” if it meets two criteria: 1) the industry spends heavily in research and development… Read more »