The Changing Practice of Law

Barry Scholl, Of Counsel Attorney with Richards Brandt, is the Editor of Res Gestae, a publication for alumni and friends of the S.J. Quinney College of Law.  In it’s latest edition,  Barry authored an article on “The Changing Practice of Law – Graduates Contemplate the Future of the Legal Profession.”  Below is an excerpt from… Read more »

IN MEMORIAM

IN MEMORIAM Mark L. McCarty 1963-2016 So Mark we’ll miss you, Sly satirist, Our proud partner, friend and anarchist. -Richards Brandt Miller Nelson Mark L. McCarty passed away June 20, 2016 due to complications from the HIN1 flu virus. Mark practiced law at Richards Brandt for 20 years. He was a member of the firm’s… Read more »

The Future of Optional Practical Training Extensions For Non-U.S. Citizens Who Receive Degrees in the Fields of Science, Technology, Engineering, or Mathematics

Kristina Ruedas February, 2016 One of the most enduring concerns about the current U.S. immigration law is the difficult and lengthy process qualified non-U.S. citizen workers face in obtaining work visas. In an attempt to provide a bridge between graduation and obtaining a work visa for qualified non-U.S. citizens who graduated from American institutions, the U.S…. Read more »

Is It a Covenant or a Condition?

Steven H. Bergman February, 2016 When drafting or entering into a contract, whether it be a sales agreement, a real estate purchase contract, a lease, or a services contract, it is important to understand the differences between a covenant and a condition.  A covenant is a promise by one party to do something for the… Read more »

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 (http://onlinelibrary.wiley.com/doi/10.1111/jomf.12188/abstract) 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 »