Our attorneys represent and advise adoptive families and birth parents. Our services encompass clients in the following circumstances: individuals and couples wanting to adopt, birth parent representation and relinquishment, stepparent adoptions, grandparent and other relative adoptions, adult adoptions, agency and private placement, foster care adoptions, and coordination with parties (birth family, agency, court and adoptive family).
Alternative Dispute Resolution (ADR)
We have experience in arbitration, mediation, and other forms of dispute resolution both as advocates and neutrals. As advocates, we represent businesses in many different industries in both arbitrations and mediations, with particular expertise handling construction industry disputes. Our attorneys also serve as mediators and arbitrators and are listed on the rosters of state and federal courts in Utah and with the American Arbitration Association.
Business Entity Formation
Clients with a variety of business issues, including the selection of the right type of business entity, rely on us to guide them through this complicated process. We have the experience to navigate these important decisions by analyzing factors such as the number of owners, the product or service offered by the business, liability issues, taxation issues, and future expansion plans.
Charitable Organizations and Non-Profits
We have organized and obtained tax rulings for 501(c)(3) non-profit entities conducting humanitarian operations in Latin American, Africa and Asia and have advised these entities on legal aspects of their operations including corporate governance and fund raising. Our clients include publicly supported charities and employer related charities supported in part by donations from employees of the business. We have also advised clients including charitable remainder trusts on the application of the prohibited transaction rules relating to qualified organizations and disqualified persons.
Our attorneys practice in virtually all aspects of construction matters, from project finance and contract negotiations, through bid procurement, project performance, and claims such as breach of contract, mechanics liens, construction defects, toxic mold, liquidated damages, delay and acceleration, differing site conditions, and termination. Our clients include general contractors, sureties, owners, developers, subcontractors, and lenders involved in public and private projects, in highway, industrial, school, church, commercial, and residential construction. Construction lawyers at the firm have presented at many seminars on construction law and four of attorneys serve or have served as leaders in the Utah State Bar’s Construction Law Section. We are experienced litigators who also employ alternative dispute resolution and advise construction clients in preventing and avoiding claims and litigation costs.
We help clients collect debts. Our representation includes helping clients to form and enforce contracts, enforce personal guaranties, obtain judgments, and collect on judgments through debtor examinations and garnishments. We have significant experience unwinding transactions based on fraudulent transfers. We help creditors protect their interests after bankruptcy filings by seeking relief from stays, submitting proofs of claim, perfecting liens, and challenging claimed exemptions, preferential transfers, and discharges.
We are experienced in litigating a variety of commercial matters. We represent clients in disputes over contract provisions, real property conveyance and ownership, sale of goods, manufacturing agreements, security interests in real and personal property, insurance coverage, and other issues facing large and small businesses.
Whether an estate is small and simple or large and complex, we provide a full range of estate planning and probate services. Our services include preparing wills, trusts (including charitable trusts, living trusts, and irrevocable trusts), health care directives, and powers of attorney. We have also represented clients through estate administration proceedings and worked with clients to resolve probate disputes. We are familiar with a variety of techniques to reduce probate and administration expenses and we represent clients with basic family procedures such as name changes, adoptions, guardianships and conservatorships.
Marriages form legal relationships. When marriage ends, decisions must be made about children, spousal support, assets and debts. Our attorneys can guide you through the following issues: divorce, custody, visitation, alimony, and post-divorce modifications. However, not all family issues stem from a marriage. We can help answer your questions about paternity and the law, pre and post-nuptial agreements, and adoptions.
We provide defense to insureds in construction defects litigation, including condominium defects, claims on commercial general liability policies, and suits against community associations and their board members.
Zoning restrictions and other land use laws are strict, complex and demanding. We routinely resolve land use and zoning issues on behalf of our clients. We have had outstanding success in helping clients obtain conditional use permits, variances, building permits, mining permits, sign permits, fill permits, site plan approval and a variety of other entitlements. We have also been very successful in helping businesses establish non-conforming uses in cities and counties that previously refused to recognize valid and existing non-conforming rights.
We represent landlords and tenants in addressing legal issues associated with the leasing of real property. We negotiate and draft lease agreements, interpret and enforce lease provisions, protect against premature lease terminations, and advise clients regarding the effect of bankruptcy filings by landlords or tenants, advise clients about statutory notices under Utah's Unlawful Detainer Act, Utah's expedited bond eviction procedure, and evictions based upon nonpayment, nonperformance of lease conditions, or expired lease terms.
Real Estate Law
Our real estate practice covers a broad spectrum from routine sales and purchases to land art, and includes leases and subleases, easements, financing, land use and zoning, commercial development, condominium and PUD developments, HOA issues, mechanics liens, foreclosure, adverse possession, unlawful detainer, contract disputes, boundary disputes, land art, and quiet title actions.
Real Estate Title Disputes
We represent title insurance companies and other clients in resolving real estate title defects including boundary disputes, mechanic’s liens, judgment liens, wrongful liens, incorrect title descriptions, defective conveyances, forgeries, unauthorized or otherwise deficient conveyances, and other encumbrances which affect or impair title to real property.
We regularly advise clients who desire to engage in fundraising activities for their businesses and have represented various companies in the preparation of private placement memorandums, proxy statements, securities purchase and sale agreements, and merger or reorganization agreements. We have also advised the boards of public companies on corporate governance issues and legal matters affecting their businesses. We have prepared numerous SEC filings for public and private companies, including Reg. D filings and ’34 Act reports and have assisted numerous shareholders with 144 sales, private securities sales and personal reporting obligations.
For over twenty years, we have represented sureties on construction, development, fidelity, and other types of bonds and related issues, from resolving performance bond defaults to defending payment bond claims. We prosecute actions to enforce indemnity agreements, including prejudgment attachment of assets.