Category: News

“We provide sophisticated legal advice in a wide range of practice areas, but our overhead is low, our staffing lean, our fees flexible and value-driven.” 

It has come to a point where for some, working remotely is no longer an option; it is a necessity. Unsurprisingly, law firms have begun to get into the trend of working remotely. In fact, so prominent is this movement within the legal field, that Atlantic magazine asked in a feature story about the changing legal work environment, “Do lawyers need offices anymore?”

Law firms, in particular, are expected to widely adopt a remote workforce in 2019, through both “virtual firms” — in which all lawyers work remotely — and evolving policies at conventional law practices of all sizes.

And while it is true that the legal industry has been slow to embrace the trend due to compliance issues, heavy regulation and concerns over client data protection, that is changing with the steady rollout of new technologies, improved security capabilities and wider connectivity.

The ability to work between meetings, access case files instantly and meet clients wherever they prefer can mean less time wasted during the workday — and that should mean much stronger results.

Also, it’s been proved that working from home can result in impressive employee productivity gains, benefiting lawyers, staff, management and clients alike.

Letting team members work at home, the client’s office, or anywhere but the office can help build a firm culture that benefits clients with increased flexibility and responsive communications.

Consumers’ purchasing decisions are influenced by trademarks and the reputation such brands represent. It is important for Utah businesses to have an understanding of why trademarks are important assets and how trademarks can help them grow. This webinar will explore how trademarks can appreciate in value over time; how they can be a property asset similar to real estate that can be bought, sold, or licensed; and how a trademark can generate sales and profits.

The Supreme Court’s Trademark Ruling Making Damages Easier to Obtain may Spark Litigation Wave

In the wake of a U.S. Supreme Court decision making it easier to win damages in trademark cases, are courts about to see a spike in infringement lawsuits and huge awards? The ruling on Thursday, in favor of a company called Romag Fasteners, said that courts can order trademark infringers — in this case Fossil Group Inc. — to fork over their ill-gotten profits even if they haven’t violated the law willfully.

Everybody Wants A ‘COVID’ Trademark. Few Will Get One.

As expected, the U.S. Patent and Trademark Office is facing a flood of trademark applications related to the coronavirus pandemic, despite the fact that experts say the vast majority of them will be rejected

We recognize that the impact of COVID-19 on the global economy as well as on our colleagues, clients, families, and friends. Our primary concerns are helping you navigate the stress of legal issues in this volatile and unusual environment.

Courts across the country are taking measures to prevent the spread of the coronavirus, some are restricting access and altering their procedures. Here is a summary of changes in some of the key jurisdictions where your cases are pending.

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Utah

District of Utah

All civil and criminal jury trials scheduled to begin before May 1 are postponed until further notice. All trial-related deadlines in criminal trials scheduled to begin before May 1 are postponed until further notice, but criminal trials are already underway as of March 16 will continue. Judges con postpone trial-related deadlines in civil cases at their discretion. All grand jury proceedings are suspended through May 1. All currently scheduled hearings in criminal cases are postponed, but the assigned judge in each case may proceed with the hearings remotely.

State Courts

Those with symptoms of COVID-19 and those who may have been exposed to the coronavirus are not allowed to enter any courthouse. The Utah Supreme Court directed state court judges to grant motions for extensions of time liberally. Hearings will be conducted remotely or on the papers, “absent exigent circumstances,” according to the state Supreme Court’s order. District Court and Justice Court judges to suspend all criminal and civil jury trials until after June 1.

Tenth Circuit Court of Appeals

The courthouse is closed to the public from March 17 until further notice. The courthouse will be restricted to judges, court staff, court security officers and service providers with official business with the court. All filings should be made electronically or via mail until further notice.

Texas

Northern District of Texas

All civil and criminal bench and jury trials scheduled to begin through May 1 are postponed until further notice. The postponed does not include other deadlines besides the trial date. All grand jury proceedings through May 1 are postponed, and all deadlines, including the statute of limitations, are suspended through May 1. Public tours and naturalization ceremonies scheduled through May 1 are canceled and will be rescheduled later.

Southern District of Texas

Courthouses are generally closed to the public. The district ordered that any sentencing for which the presentencing report calculates the lowest range of the guideline range at 21 months of imprisonment or more is postponed through May 15. All jury trials that were scheduled to begin on or before May 31 in the Corpus Christi Houston, Galvenston and McAllen divisions are postponed. Grand jury sessions in those divisions are also postponed through May 31. In the Laredo Division, all jury trials scheduled to begin in April are postponed, and grand jury sessions scheduled through May 1 are postponed.

Eastern District of Texas

Attorneys and parties should communicate if court proceedings could cause someone to come into contact with an individual exposed to or infected with the coronavirus.

Western District of Texas

All scheduled proceedings in civil and criminal bench jury trials set to begin before May 1 are postponed, with the exception of pleas, sentencings, criminal matters before magistrate judges, and the issuance of warrants. All deadlines in a scheduling order, besides the trial date, remain in effect unless modified by the assigned judge. Parties are encouraged to participate in nonsentencing proceedings by telephone or video. Other matters such as tours and naturalization ceremonies that were scheduled to take place before May 1 are canceled.

State Courts

Deadlines for filing or service of any civil case are tolled from March 13 until June 1. Dallas County has canceled all jury trials through May 8. The Harris County Civil District Court, serving the Houston area, has suspended jury service through May 31.

Fifth Circuit Court of Appeals

All requirements to file paper copies are suspended until further notice. Extensions with justification may be requested from the clerk’s office. All outstanding deadlines for incarcerated and non-incarcerated pro se filers are extended for 30 days after their due dates. Oral arguments scheduled for April 27-30 are canceled.

California

Central District of California

All courthouses are closed to the public through June 1, except for certain criminal hearings. Courthouse tours are canceled. No civil hearings will go forward except for emergency time-sensitive matters. Any hearings on emergency civil matters will only proceed by telephone. In the bankruptcy court for the Central District, appearances by telephone are mandatory in all matters through June 1.

Eastern District of California

All civil and criminal jury trials scheduled to begin before June 15 are postponed. All courthouses are closed to the public. All civil matters will be decided on the papers or by remote hearings, if necessary. All criminal initial appearances, arraignments, and other essential proceedings will proceed before magistrate judges unless the parties agree to postpone them. Proceedings should be conducted remotely when possible. District judges may postpone criminal matters to a date after June 1.

Northern District of California

All civil and criminal jury trials are postponed until May 1. Essential operations for the Oakland, San Jose and Eureka/McKinleyville courthouses will be consolidated and relocated to the San Francisco courthouse until May 1.

Southern District of California

Civil and criminal jury trials are postponed until April 16. For the district’s bankruptcy court, all hearings will be conducted telephonically through May 16. From April 13 through May 8, the court will prioritize felony criminal sentencings in which the government is recommending a “time-served” or probationary sentence for in-custody defendants.

State Courts

The California Supreme Court suspended in-person oral argument sessions until further notice. Counsel will only appear remotely. All oral argument sessions will be held in the court’s San Francisco headquarters courtroom with limited seating.

Ninth Circuit Court of Appeals

Courthouses are closed to the public during non-court weeks until further notice. The court is evaluating scheduled arguments and will give orders to the cases individually.

The federal courts will rely on data from public health officials to gauge the severity of the COVID-19 pandemic in their individual jurisdictions and determine how quickly to restore operations, the Administrative Office of the U.S. Courts said in guidelines issued Monday.

Courts should follow a four-phase process for returning operations to how they were before the novel coronavirus tore through the U.S. and upended life, the federal agency said, advising courts to use data from state and local officials and from the Centers for Disease Control and Prevention in deciding whether to gradually reopen or to leave things as they are.

In the first phase laid out in the guidelines, courthouses are closed to the public, most employees are working remotely and most proceedings are postponed. In the second phase, additional court filings and proceedings may occur, and people not considered particularly vulnerable to the disease may physically return to work. In the third phase, courtrooms reopen and additional employees return to the office while individuals observe social distancing, wear masks and take other precautionary measures. And in the final phase, court operations return to “normal,” the agency said.

A group of chief judges and court executives are expected to develop protocols for how grand jury and trial jury proceedings can resume, the agency said.

“Issues such as testing potential jurors, social distancing considerations during jury assembly, voir dire, jury deliberations and many others are being considered,” James C. Duff, the agency’s director, said in a statement Monday.