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Snow Jensen & Reece Law Blog

Avoid the perils of the hiring process

On the surface, the hiring process may seem like such a simple step for a business or potential employee. Job hunters apply for a job; the company reviews all of the potential applicants and their resumes; they interview the candidates; and, eventually, a new employee is selected. What's so difficult about that?

In reality, though, the hiring process is actually very complicated, and any business needs to know the potential risks and legal aspects to the process. First and foremost, the actual interactions you have with potential candidates need to be compliant with the law. You can't ask certain questions in interviews, such as questions about religion, nation of origin or marriage.

How a will can be central to an estate dispute

One of the most important documents contained within your estate plan is the will. Your will dictates how your affairs, assets and property are dealt with in the wake of your passing. Without a will, you die "intestate," and your estate is then subject to all of the state laws that apply under the intestate status.

But a will is a very tricky document to truly feel is "finalized." Your feelings and opinions will shift over the years, and the lives of your heirs and beneficiaries will change too. After you write a will, life events may require you to return to the will and make revisions. This is perfectly fine -- but you need to follow the necessary steps to ensure those changes are applied correctly.

If you are dealing with a real estate dispute, get legal help

When you hear the phrase "real estate dispute," you probably think about an individual person who has rented an apartment and who is actively disputing something about the terms of the lease with the landlord of the property. To be fair, this is a common dispute relating to real estate. However, there are also circumstances where a real estate dispute relates to a company renting a space and the property owner or manager of that space.

In other words, landlord-tenants disputes don't always relate to a situation between one person who is a tenant and one person who is a landlord. These disputes can relate to numerous parties made up of many people. And, obviously, the more people involved (and the more complex the arrangement), the greater the chance of the dispute becoming convoluted and difficult to solve.

How non-competition agreements can help businesses

When you are in charge of a business, or a portion of a business, then you obviously have an incentive to optimize your company. In order to do this, you have to utilize all of the tools at your disposal to get the most out of your employees and to allow your business to grow and thrive as you intend it to.

One of the tools at your disposal is the nondisclosure agreement, which is also called a non-competition agreement. Many companies require employees to sign these agreements upon their hire. So what protections do they provide and why does it behoove a company to utilize NDAs?

Why even young parents need an estate plan

If you are a parent to young children, then there is no doubt that you are busy. You are probably busier than you have even been in your life, or ever realized that you would be.

With meals to cook, rooms to clean, children to chase and work to do, creating an estate plan is probably the last thing on your to-do list. But here are three reasons why putting off an estate plan is a huge mistake.

Estate planning and issues related to dementia

Dementia can lead to many things for a person and their family.

For one, dementia can cause a person to eventually lose the ability to make important financial and medical decisions. When this situation arises: major questions can come up for a family regarding who gets to make these decisions and what decisions should be made. Without guidance and direction on these matters being put out in advance, these issues can give rise to a lot of anxiety, and even fighting, within a family. 

The simple reason why you can't afford to postpone estate planning

Among all of the services you may need throughout your life, chances are good that estate planning is not high on your priority list. Like most people, you may think that you have lots of time to get to it . . . eventually. And because no one wants to contemplate their own mortality, you may keep putting it off indefinitely.

The sobering reality, however, is that none of us knows exactly how much time we have left. Even if you are young and healthy, there are no guarantees about what tomorrow may bring. And because of this, having an estate plan in place should be a high priority.

What generally happens in the merger review process?

A lot needs to happen when two companies decide to work out a business merger or acquisition. Not only does the a company have to ensure the support of shareholders and get the financial and logistical aspects of such a deal worked out, there are also legal issues that have to be addressed. One specific legal process that has to be engaged is the merger review process.

Merger review, which is overseen by the Federal Bureau of Competition, aims to ensure that large companies are not going to threaten competition and gain a monopoly on their market as a result of coming together. In determining the potential threat to competition, the Bureau looks at market dynamics and, if necessary, takes steps to prevent a merger from occurring.

DirecTV service stall-out a reminder of the importance of effective contract negotiation

Utah readers who subscribe to DirecTV may remember that the first football game of the NFL season was unavailable for viewing last month. The reason the game never aired is apparently that NBC’s affiliate in Utah, KSL-TV, has been off the air completely for DirecTV subscribers due to a contract dispute.

KSL says that DirecTV has failed to provide fair compensation for airing its programs while DirecTV accuses KFL of requesting too much. Sources didn’t provide any specifics about the terms of the dispute, but KSL maintains that the compensation it is requesting is fair and comparable to what other cable companies have agreed to pay. The contract at issue in the dispute apparently ended at the end up June, but was extended several times prior to service being cut off.

Using trusts for minors in estate planning

Estate planning can involve a variety of different challenges, depending on your financial and family situation, and your specific wealth goals. Among the many challenges folks face in estate planning is addressing wealth distribution to minors. Because minors are unable to own property on their own, it is important to use estate planning as an opportunity to provide for the support of children.

There are a variety of ways to do this, but trusts are a particularly useful tool in this area. The reason trusts are so useful is that a parent or grandparent is able to leave behind financial support for a child while leaving it to a fiduciary to ensure that the wealth is used for its intended purposes.