Contracting 101 – Choice of Law and Borrowing Statutes

Steven Bergman November 2017 This is another in a series of posts about negotiating, executing, performing, and enforcing contracts, whether commercial or individual. This installment focuses on choice of law issues and how choice of law can affect your right to pursue a remedy on a contract default or the defenses available to you or… Read more »

Growing Use of Blockchain in the Insurance Industry

Gary L. Johnson October 2017 Gary Johnson’s new article, Blockchain Technology and the Insurance Industry, published in the most recent issue of In-House Defense Quarterly, provides an in depth overview of the growing use of blockchain technology in the insurance industry, including discussions of security, privacy and smart contracts. Read more 16J1065-GLJ – BLOCKCHAIN TECHNOLOGY_

Contracting 101 – Introduction

Steven Bergman October 2017 Business and individuals enter into contracts on a regular basis. When entering into a contract, it is important to make sure you know and understand every term in the contract, not just the major provisions, such as the parties, the price, the terms and conditions of performance, and the time and… Read more »

Website Hack? What are the legal issues?

Someone is trying to hack your site. In fact, if your site is built on WordPress, which more than 75 million websites are, there are bots constantly trying to gain access to your site – perhaps even as you read this post. This isn’t because WordPress has security flaws.  It is because most sites are… Read more »

Independence Day for an Innocent Man

July 5, 2017, Salt Lake City, Utah Innocent and Wrongly Convicted Man Freed After 22 Years in Prison As a Result of the Pro Bono Legal Work of RICHARDS BRANDT MILLER NELSON, WEIL & DRAGE, and the Rocky Mountain Innocence Center Independence Day for an Innocent Man The Salt Lake law firm of RICHARDS BRANDT… Read more »

RBMN Gets Favorable Decision from the Utah Court of Appeals

Lincoln Harris June 2017 Denison Mines (USA) Corporation et al. v. KGL Associates, Inc. In 2009, Denison entered into a construction contract with KGL for the construction of a mill tailings cell at the White Mesa Mill in Blanding Utah. Including change orders, the construction contract price exceeded $5,000,000. During construction, Denison accelerated payments to… Read more »

Tips for Borrowers Negotiating a Loan: Part 6 After the Closing

Clint M. Hanni April 2017 It’s a great relief for the borrower when the documents are signed and the money is wired. What happens after the loan has closed is critical to a successful loan. 1.  Post-closing matters. The lender may have a laundry list of items for the borrower to provide after the closing…. Read more »

Tips for Borrowers Negotiating a Loan: Part 5 Closing Documents

Clint M. Hanni April 2017 Loan transactions are document intensive. When the agreements have all been drafted and agreed, it’s time for the lender and borrower to sign the documents and fund the loan. Closings can be easy or hard. Here are some tips to make them as smooth as possible.  1.  Authorizing resolutions. After… Read more »

Tips for Borrowers Negotiating a Loan: Part 3 Ancillary Documents

Clint M. Hanni April 2017 The loan agreement isn’t the only document in a loan transaction. Other documents (sometimes dozens of them) can come into play. Here are a few to consider: 1.  Security Agreement. If the loan will be secured by personal property, such as accounts, inventory, equipment or IP (patents, trademarks, copyrights), there… Read more »

Tips for Borrowers Negotiating a Loan: Part 2 The Loan Agreement

Clint M. Hanni April 2017 Once you have agreed on a term sheet for your loan, it’s time to turn to the “definitive loan documents.” The first document to get drafted is the loan agreement. 1.  Get it reviewed by an attorney. The loan agreement contains the basic terms of the deal and describes what… Read more »