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 »

UIM coverage

UIM Coverage Under Automobile & Umbrella Policy

February 2015 Kingston v. State Farm http://www.utcourts.gov/opinions/appopin/kingston150205.pdf The Court of Appeals affirms the district court’s grant of summary judgment to State Farm on a question of UIM coverage under an automobile policy and a separate umbrella policy. The substitution of a vehicle and an automatic renewal of a policy do not constitute “new policies” which… Read more »

lien foreclosure law

Lien Foreclosure Action Reversed-Construction Industry Appeal

Zack Peterson February 2015 Pentalon v. Rymark http://www.utcourts.gov/opinions/appopin/pentalon150205.pdf The Court of Appeals reversed the district court’s grant of summary judgment in favor of the lender in a mechanics’ lien foreclosure action.  The district court ruled that excavations for footings and foundations were not sufficient improvements to constitute commencement of work under the 2008 version of… Read more »

intellectual property law

Protecting Your Intellectual Property in a Distribution Contract

February 2015 In a case still unfolding in United States District Court for the District of Utah, there is a lesson to be learned for all who want to ensure protection of their intellectual property. In December 2013, the U.S. District Court for the District of Utah granted partial summary judgment in favor of the… Read more »

bankruptcy inherited IRA

Inherited IRA’s Are Not Protected in Bankruptcy

June 2014 On June 12, 2014, the United States Supreme Court ruled that an IRA inherited by an individual (other than a spouse) is subject to a debtor’s creditors in a bankruptcy proceeding. Clark v. Rameker, 573 U.S. 7th Circuit (2014).  In order to allow a debtor a fresh start, the bankruptcy code allows the debtor… Read more »


Good News for Small Nonprofits…Easy 501(c)(3) Filing Under 1023EZ

July 2014 IRS Announces Simplified Application for Small Charities Applying for 501(c)(3) Starting July 1, 2014, small charities may be eligible to apply for tax exempt status by filing the Internal Revenue Service’s new Form 1023-EZ. Until recently, all non-profit organizations seeking tax-exempt status under 501(c)(3) were required to: pay the $850 filing fee; complete the 26… Read more »

inconsequential determination

NHTSA Grants Petition for Inconsequential Determination

January 2015 Richards Brandt clients China Manufacturers Alliance, LLC (“CMA”) and Double Coin Holdings Ltd Obtain Favorable Outcome on Petition for Inconsequential Determination Before the National Highway Safety Traffic Administration (“NHTSA”). Double Coin is one of the world’s largest manufacturers of truck, industrial, and off-the-road tires.  CMA is the North American subsidiary of Double Coin…. Read more »

Utah Workers’ Compensation: The Important Distinction Between Accident and Disease

January 2015 What is an industrial accident? The answer to this question is of paramount importance to both employers and injured workers in Utah. The amount of benefits available to an injured worker, and potentially owed by an employer, are directly impacted by whether an industrial injury is classified as an “industrial accident” under the Utah Workers’ Compensation Act, or an “occupational disease” under the Utah Occupational… Read more »

The New and Improved Utah LLC

RBMN For many years the limited liability company (“LLC”) has been the entity of choice for entrepreneurs and small businesses. However, in the intermountain region the Wyoming and Nevada LLCs have been widely regarded as being more business friendly and having better asset protection characteristics than the Utah LLC. With the enactment of the Utah… Read more »