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 Firm News
 
 Bankruptcy, Workouts & Creditors' Rights
  • Fending Off The Trustee
    The Corporate Counselor
    Robert B. Lochhead
    December 2007

    Bankruptcy lawyer Robert Lochhead addresses the steps to take if a client or customer files for bankruptcy protection and your company is facing a bankruptcy preference action. He outlines the nine statutory defenses available to a creditor in a preference action.

  • What to do if your customer files for bankruptcy
    The Enterprise
    Robert B. Lochhead
    July 2007

    Bankruptcy lawyer Robert Lochhead addresses the steps businesses should take when customers file for bankruptcy. The law provides creditors with substantial rights. The actions a creditor takes or doesn't take, however, can make a significant difference to its ultimate recovery.

 
 Business & Finance
   Mergers & Acquisitions

  • Internap spends $217M for VitalStream
    The Daily Deal
    October 13, 2006

    Parr Waddoups Mergers & Acquisition attorneys Bryan Allen, Seth King and Carl Clark represented VitalStream Holdings Inc. in its $217 million acquisition by Internap Network Services Corp.

   Securities Regulation & Public Offerings

  • U.S. Securities Laws Applicable to Canadian Issuers
    White paper
    Keith L. Pope
    July 2006

    Securities attorney Keith Pope addresses the multi-jurisdictional disclosure system for issuers in the United States and Canada. This involves a reciprocal arrangement between the United States and Canada under which each country accepts, for certain issuers, the disclosure documents prepared and reviewed under the laws and procedures of the home country.

 
 Commercial Litigation
  • Supreme Court's Leegin Decision Opens Door to Resale Price Controls
    The Corporate Counselor
    David C. Reymann
    September 2007

    Commercial litigator David Reymann explains the United States Supreme Court ruling in Leegin Creative Leather Products v. PSKS, Inc. In June 2007, the Supreme Court revisited the per se ban on resale price maintenance and overruled a century old precedent, adopting instead a "rule of reason" analysis, allowing an alleged violator to attempt to justify price controls.

  • $2.38 Million Jury Award In Defamation Suit Against Access Microsystems
    LexisNexis Mealey's Litigation Report Employment Law
    January 2007

    Mealey's Litigation Report for Employment Law reported on the $2.38 million jury award in the defamation suit against Access Microsystems. Parr Waddoups litigation lawyers Clark Waddoups and Jonathan Hafen led the litigation team for the plaintiffs.

  • Technology Integration Group Wins $2.38 Million Jury Verdict for Itself and Three Former Employees
    Business Wire
    December 22, 2006

    Commercial Litigation lawyers Clark Waddoups and Jonathan Hafen led the litigation team for the plaintiffs in the $2.38 million verdict in favor of Technology Integration Group (TIG) and three former employees in a defamation and business interference lawsuit against Access Microsystems and its owner, Paul Rajewski.

  • Request to arbitrate dispute over Enron insurance proceeds denied
    Society for Human Resource Managment
    Bentley J. Tolk
    December 22, 2006

    Commercial Litigation attorney Bentley Tolk comments on the denied request for arbitration over Enron's fiduciary and employee benefits liability insurance proceeds.

  • Employer may prorate bonus during FMLA leave
    HR Magazine
    Jonathan O. Hafen
    December 2006

    Employment lawyer Jonathan Hafen wrote a case overview of Sommer v. Vanguard Group, 3rd Cir., No. 05-4034 (Aug. 24, 2006), where the 3rd U.S. Circuit Court of Appeals ruled employers may prorate production-based bonuses of employees taking leave under the Family and Medical Leave Act (FMLA).

   Alternative Dispute Resolution

   Antitrust & Trade Regulations

  • Supreme Court Decision Precludes Overlap Between Antitrust and Securities Laws
    Stephen J. Hill
    October 3, 2007

    Litigation lawyer Stephen Hill addresses the implications of recent Supreme Court case Credit Suisse Securities (USA) LLC f/k/a Credit Suisse Boston v. Billing, an antitrust suit against a group of major investment banks. The Supreme Court dismissed the suit on the ground that federal securities laws preclude application of antitrust law. After Billings, virtually any activity subject to SEC regulation is likely immune from antitrust laws.

   Employment Litigation

  • DOL: ERISA Does Not Pre-empt State Regulation of MEWAs
    September 18, 2007

    Employment lawyer Rodger Burge comments in this article about two recent U.S. Department of Labor opinion letters regarding Multiple Employer Welfare Arrangements (MEWA).

  • ERISA Litigation Update
    Human Resources 2007
    Rodger M. Burge and Bentley J. Tolk
    May 2007

    Employment and ERISA lawyers Rodger Burge and Bentley Tolk were asked to write the ERISA Litigation Update for Human Resources 2007. The chapter addresses several Employee Retirement Income Security Act (ERISA) cases involving recurring issues of which benefit plans and Human Resources professionals should be aware as well as generalized recommendations relating to those cases.

  • A Strategy for Winning Non-Compete Cases
    Employment Law 360
    Darren K. Nelson
    January 11, 2007

    Employment lawyer Darren Nelson outlines key points to help employers in developing effective and proactive strategies for non-compete cases.

  • Employer may prorate bonus during FMLA leave
    HR Magazine
    Jonathan O. Hafen
    December 2006

    Employment lawyer Jonathan Hafen wrote a case overview of Sommer v. Vanguard Group, 3rd Cir., No. 05-4034 (Aug. 24, 2006), where the 3rd U.S. Circuit Court of Appeals ruled employers may prorate production-based bonuses of employees taking leave under the Family and Medical Leave Act (FMLA).

  • ADA Mental Illness Claims Increase in the Workplace
    The Corporate Counselor
    Jonathan O. Hafen
    October 2006

    Employment lawyer Jonathan Hafen addresses the requests employers receive for accommodation under the Americans with Disabilities Act (ADA) regarding mental disorders. Litigation continues to arise as parties try to refine the concepts presented in the Act, such as whether a mental disorder is a qualifying impairment, whether an employee with a qualifying mental illness can perform essential job functions, and how the limitation of a major life activity caused by a qualifying mental illness can be reasonably accommodated in the workplace.

  • Making Reasonable Accommodations for Employees With Mental Illness Under the ADA
    Employee Benefits Plan Review
    Jonathan O. Hafen
    September 2006

    Employment attorney Jonathan Hafen addresses how employers should approach the issue of making accommodations under the Americans with Disabilities Act (ADA) for employees with mental illness.

  • ADA Protection for Employees with Mental Illness
    Best Practices in HR
    August 19, 2006

    Employment lawyer Jonathan Hafen is interviewed about what employers should know about the protection the Americans with Disabilities Act (ADA) does and does not provide for employees with mental illnesses.

  • Tread cautiously when denying ERISA claims
    Employee Benefit News
    Bentley J. Tolk and Rodger M. Burge
    June 1, 2006

    ERISA and employment attorneys Bentley Tolk and Rodger Burge address a recent case decided by the United States Tenth Circuit Court of Appeals that could possibly open the door to a new realm of risk for group health plans.

   Environmental Litigation

  • Record-Breaking Enviro Fines Don't Tell Full Story
    Energy Law 360
    November 1, 2007

    Environmental and energy lawyer Steven Christiansen was asked to comment for this article on whether the federal government has stepped up enforcement of environmental compliance issues.

   Intellectual Property Litigation

  • Implications of Supreme Court Ruling on Patent "Obviousness"
    Parr Waddoups Newsletter
    May 1, 2007

    Intellectual Property trial attorney Terry Welch outlines the implications of the Supreme Court's recent ruling in the KSR case to relax the standard for proving "obviousness." While the case involved a rather obscure and, as many said, simple invention (if even an invention at all) the impact of the Supreme Court's decision will be far-reaching.

  • Utah Law Could Limit Competitive Keyword Search Advertising
    Internet Retailer
    April 30, 2007

    Intellectual Property lawyer Craig Parry was interviewed for this article addressing the controversial Utah Trademark Protection Act, effective June 30, 2007. As it is written, the Utah law could limit the practice of company's using competitive trademarks to trigger online advertising.

  • Exploring Partnership-based Billing for Patent Litigation
    Andrews Litigation Reporter
    Terry E. Welch
    April 2007

    Intellectual Property lawyer Terry Welch writes about his method of alternative billing for patent litigation cases, including budgets and understanding client expectations.

  • Vonage Goes To Work Redesigning Patents
    IP Law 360
    April 9, 2007

    Intellectual Property lawyer Terry Welch provides commentary on the reprieve Vonage, a broadband telephone provider, won in the U.S. Court of Appeals for the Federal Circuit in Washington DC just hours after a district judge in Virginia banned it from signing up new customers. The case is Verizon Services Corp. et al. v. Vonage Holdings Corp. et al., case number 06-cv-00682 in the U.S. District Court for the Eastern District of Virginia.

   Securities Litigation

  • Supreme Court Decision Precludes Overlap Between Antitrust and Securities Laws
    Stephen J. Hill
    October 3, 2007

    Litigation lawyer Stephen Hill addresses the implications of recent Supreme Court case Credit Suisse Securities (USA) LLC f/k/a Credit Suisse Boston v. Billing, an antitrust suit against a group of major investment banks. The Supreme Court dismissed the suit on the ground that federal securities laws preclude application of antitrust law. After Billings, virtually any activity subject to SEC regulation is likely immune from antitrust laws.

 
 Employment Law
  • Complaints Over English-Only Workplaces Increase
    Employment Law360
    May 23, 2007

    Employment attorney Jonathan Hafen was asked to comment on the increasing trend toward English-only workplace policies. He suggests employers focus on the business necessity and scope of such policies and make sure the policies are tailored to their businesses.

   Employment & Labor Law

  • DOL: ERISA Does Not Pre-empt State Regulation of MEWAs
    September 18, 2007

    Employment lawyer Rodger Burge comments in this article about two recent U.S. Department of Labor opinion letters regarding Multiple Employer Welfare Arrangements (MEWA).

  • ERISA Litigation Update
    Human Resources 2007
    Rodger M. Burge and Bentley J. Tolk
    May 2007

    Employment and ERISA lawyers Rodger Burge and Bentley Tolk were asked to write the ERISA Litigation Update for Human Resources 2007. The chapter addresses several Employee Retirement Income Security Act (ERISA) cases involving recurring issues of which benefit plans and Human Resources professionals should be aware as well as generalized recommendations relating to those cases.

  • A Strategy for Winning Non-Compete Cases
    Employment Law 360
    Darren K. Nelson
    January 11, 2007

    Employment lawyer Darren Nelson outlines key points to help employers in developing effective and proactive strategies for non-compete cases.

  • Employer may prorate bonus during FMLA leave
    HR Magazine
    Jonathan O. Hafen
    December 2006

    Employment lawyer Jonathan Hafen wrote a case overview of Sommer v. Vanguard Group, 3rd Cir., No. 05-4034 (Aug. 24, 2006), where the 3rd U.S. Circuit Court of Appeals ruled employers may prorate production-based bonuses of employees taking leave under the Family and Medical Leave Act (FMLA).

  • ADA Mental Illness Claims Increase in the Workplace
    The Corporate Counselor
    Jonathan O. Hafen
    October 2006

    Employment lawyer Jonathan Hafen addresses the requests employers receive for accommodation under the Americans with Disabilities Act (ADA) regarding mental disorders. Litigation continues to arise as parties try to refine the concepts presented in the Act, such as whether a mental disorder is a qualifying impairment, whether an employee with a qualifying mental illness can perform essential job functions, and how the limitation of a major life activity caused by a qualifying mental illness can be reasonably accommodated in the workplace.

  • Making Reasonable Accommodations for Employees With Mental Illness Under the ADA
    Employee Benefits Plan Review
    Jonathan O. Hafen
    September 2006

    Employment attorney Jonathan Hafen addresses how employers should approach the issue of making accommodations under the Americans with Disabilities Act (ADA) for employees with mental illness.

  • ADA Protection for Employees with Mental Illness
    Best Practices in HR
    August 19, 2006

    Employment lawyer Jonathan Hafen is interviewed about what employers should know about the protection the Americans with Disabilities Act (ADA) does and does not provide for employees with mental illnesses.

  • Make Non-Compete Clauses Narrow and Consider Other Options
    Hospitalist & Inpatient Management
    July 2006

    Employment lawyer Darren Nelson offers recommendions on adding narrowly tailored non-compete agreements to employment contracts for key personnel.

 
 International Law
  • The Importance of Wa When Doing Business in Japan
    The Corporate Counselor
    Craig Parry
    November 2006

    International lawyer Craig Parry offers advice to American business people on how to develop effective relationships when doing business in Japan.

  • The Importance of Wa When Doing Business in Japan
    Journal of Asia-Pacific Business
    D. Craig Parry
    October 2006

    Japan has a reputation for being a non-litigious society. In Japan, the law and the minutiae of a written contract are not the guiding principles of relationships, but rather something to reluctantly fallback on if business people cannot act reasonably and fairly of their own accord. Under such a view, litigation serves only to make society more confrontational, less harmonious, and less orderly. An examination of the reactions of most Japanese in business settings can yield productive suggestions for those desiring to do business with the Japanese.

  • Foreign Direct Investment in the United States
    October 2006

    International law attorney Craig Parry authored this newsletter on the reporting requirements for foreign investments in U.S. business enterprises in which a foreign person owns a 10 percent or greater voting interest (or equivalent), including ownership of real estate, improved and unimproved, other than for personal use.

  • Joining Forces With Japan
    Entrepreneur.com
    September 2006

    International lawyer Damian Smith was interviewed for Entrepreneur magazine on opportunities in Japan and what it takes for U.S.-based companies to do business there.

 
 Natural Resources Law
   Energy & Utilities

  • Energy Industry Eagerly Awaits Duke Energy Verdict
    Energy Law 360
    February 23, 2007

    Energy and environmental attorney Steven Christiansen weighs in on the Duke Energy case currently before the Supreme Court. If Duke has its way, the Supreme Court, not the Environmental Protection Agency, will set the ground rules for regulating air pollution emissions.

   Environmental Law

  • Record-Breaking Enviro Fines Don't Tell Full Story
    Energy Law 360
    November 1, 2007

    Environmental and energy lawyer Steven Christiansen was asked to comment for this article on whether the federal government has stepped up enforcement of environmental compliance issues.

  • One Fine Mess
    Environmental Protection
    Steven J. Christiansen
    May 2007

    Environmental lawyer Steve Christiansen addresses the ongoing debate over whether the latest revisions to air quality standards for particulate matter are too harsh or overly lenient.

  • Climate change: Guvs to team up
    The Salt Lake Tribune
    May 20, 2007

    Environmental lawyer Steven Christiansen was asked to comment on the 6-state governors' global warming consortium and what he thinks Utah's role should be going forward.

  • Rising temps may leave Utah without enough snowpack to meet water needs
    The Salt Lake Tribune
    April 7, 2007

    Environmental lawyer Steven Christiansen is interviewed in this article about the Utah business community's willingness to hear the results of a recent report by an international panel of scientists titled "Climate Change 2007: Impacts, Adaptation and Vulnerability."

  • California's Cutting Edge Laws
    EnergyBiz Insider
    October 20, 2006

    Environmental lawyer Steve Christiansen was interviewed for this article on California's new laws designed to curb greenhouse gas emissions.

   Mining Law

 
 Technology
  • Vonage Goes To Work Redesigning Patents
    IP Law 360
    April 9, 2007

    Intellectual Property lawyer Terry Welch provides commentary on the reprieve Vonage, a broadband telephone provider, won in the U.S. Court of Appeals for the Federal Circuit in Washington DC just hours after a district judge in Virginia banned it from signing up new customers. The case is Verizon Services Corp. et al. v. Vonage Holdings Corp. et al., case number 06-cv-00682 in the U.S. District Court for the Eastern District of Virginia.

  • The Bleeding Edge of Change: Getting Control of Client Files
    Legal Tech Newsletter
    David C. Reymann
    February 2007

    Commercial Litigation lawyer David Reymann addresses the issues related to the management of client files by law firms and outlines the electronic records management technology currently available. David Reymann is a member of the Legal Tech editorial board. This article first appeared in the February 2007 issue of Legal Tech Newsletter.

   Intellectual Property

  • Implications of Supreme Court Ruling on Patent "Obviousness"
    Parr Waddoups Newsletter
    May 1, 2007

    Intellectual Property trial attorney Terry Welch outlines the implications of the Supreme Court's recent ruling in the KSR case to relax the standard for proving "obviousness." While the case involved a rather obscure and, as many said, simple invention (if even an invention at all) the impact of the Supreme Court's decision will be far-reaching.

  • Utah Law Could Limit Competitive Keyword Search Advertising
    Internet Retailer
    April 30, 2007

    Intellectual Property lawyer Craig Parry was interviewed for this article addressing the controversial Utah Trademark Protection Act, effective June 30, 2007. As it is written, the Utah law could limit the practice of company's using competitive trademarks to trigger online advertising.

  • Exploring Partnership-based Billing for Patent Litigation
    Andrews Litigation Reporter
    Terry E. Welch
    April 2007

    Intellectual Property lawyer Terry Welch writes about his method of alternative billing for patent litigation cases, including budgets and understanding client expectations.

  • Vonage Goes To Work Redesigning Patents
    IP Law 360
    April 9, 2007

    Intellectual Property lawyer Terry Welch provides commentary on the reprieve Vonage, a broadband telephone provider, won in the U.S. Court of Appeals for the Federal Circuit in Washington DC just hours after a district judge in Virginia banned it from signing up new customers. The case is Verizon Services Corp. et al. v. Vonage Holdings Corp. et al., case number 06-cv-00682 in the U.S. District Court for the Eastern District of Virginia.



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