January/ February 2023
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Table of Contents:Letter to the Editor 9 President’s Message | Utah State Bar Commission Passes Historic Funding for Attorney Wellness 11 by Kristin K. Woods Legislative Update | Legislative Update or “Big Changes are a Comin’” 13 by Frank Pignanelli, Stephen Foxley, and Stephen Styler Article | Cryptocurrency – Cryptoscam – Why Regulation, Deposit Insurance, and Stability Matter 18 by George Sutton Article | Abortion, Actual Innocence, and Much More: Cases and Issues in the Pipeline at the Utah Supreme Court 28 by Carol Funk Utah Law Developments | Appellate Highlights 39 by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Article | In Defense of Imitation 42 by John J. Nielsen Article | US Intelligence Laws & EU Data-Transfer Requirements: Tools for Assessing US Law & Implementing Supplementary Measures to Meet EU Protection Levels 44 by Ryan Beckstrom and Kyle Petersen Southern Utah | Transferring UK Personal Data to the US using the UK International Data Transfer Agreement or the International Data Transfer Addendum to the European Commission’s Standard Contractual Clauses 49 by Rachel Naegeli Lawyer Well-Being | Lawyering Through the Stigma of Addiction 52 by Kent B. Scott Book Review | Business and Commercial Litigation in Federal Courts, Fifth Edition 54 by Robert L. Haig Reviewed by Matthew Lalli Commentary | An Apology for Lawyers and the Utah State Bar 56 by Mark O. Morris Focus on Ethics & Civility | Unauthorized Disclosure of Documents 61 by LaShel Shaw and Keith A. Call State Bar News 63 Paralegal Division | LPP’s: Providing Important Access to Justice 76 by Lindsey K. Brandt, LPP Classified Ads 77 |
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COVER PHOTOMorning Fog Covering Downtown Salt Lake, by Utah State Bar member George Sutton.
GEORGE SUTTON recently retired after a forty-five year career that included being Utah Commissioner of Financial Institutions and a shareholder at Jones Waldo. Asked about his cover photo, George said, “A few times each winter the inversion causes a fog blanket that sits close to the valley floor, letting buildings poke through into clear air. This is the view of one of those mornings from the avenues.” |
2022 Utah Bar Journals
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Table of Contents:
President’s Message | New Beginnings by Heather L. Thuet Legislative Update | Modifications to Bar Interactions with the Legislature and How You Can Participate by Doug Foxley, Frank Pignanelli, Stephen Foxley, Steven Styler, and Nancy Sylvester Article | Understanding the Utah Supreme Court’s Docket: A Practitioner’s Guide by Carol Funk Utah Law Developments | Appellate Highlights by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Access to Justice | Introducing the Statewide Office for Indigent Appeals by Debra M. Nelson, Ben Miller, and Wendy M. Brown Article | Third Party Subpoenas in the Context of Attorney Disciplinary Investigations by John Bogart Southern Utah | H.B. 82 and Utah’s Pursuit of Affordable Housing by Victoria Carlton Innovation in Law Practice | Innovation In a Time of Crisis: The Utah Supreme Court’s Order on Emergency Diploma Privilege by Catherine Bramble Book Review | Gorsuch: The Judge Who Speaks for Himself by John Greenya Reviewed by Nicole Lagemann Focus on Ethics & Civility | Living in Utah, Working for Out-of-State Clients by LaShel Shaw and Keith A. Call Young Lawyers Division | Lessons I Learned as a First-Year Attorney by Candace Waters Paralegal Division | Please Welcome Five New Utah Licensed Paralegal Practitioners by Greg Wayment State Bar News CLE Calendar Classified Ads 
July / August 2022
Volume 35 No. 4 table of contents
President's Message | Hello! by Kristin K. Woods President's Message | Goodbye by Heather L. Thuet Views from the Bench | Navigating the Half-Empty/Half-Full Dichotomy of Virtual Court Hearings by The Honorable Angela Fonnesbeck Article | Reflections on Independent Clearing House Part One: The Ponzi Scheme 18 by Ronald W. Goss Utah Law Developments | Appellate Highlights by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Article | A Practitioner’s Guide to the Utah Court of Appeals: Jurisdiction, Procedure, and Outcome 32 by Carol Funk Book Review | The Round House 44 by Louise Erdrich Reviewed by Scotti Hill Southern Utah | Legal Research Doesn’t Have to Break the Bank: Free and Low-Cost Research Avenues 46 by Victoria Carlton and Annalee Hickman Pierson Focus on Ethics & Civility | When (and How) to Tell Your Boss They Are Being Unethical 48 by Clark S. Gardner (with supervision by Keith A. Call) Utah State Bar Services | The Utah State Bar’s New Professional Development Office to Expand Resources for Licensees 50 by Scotti Hill State Bar News Young Lawyers Division | Young Lawyers Division: Year in Retrospect 65 by Grant Miller Paralegal Division | 2022 Paralegal of the Year: Congratulations Brita Larsen! 66 by Greg Wayment CLE Calendar Classified Ads |
table of contents
Candidates | 2022 Utah State Bar Elections President’s Message | Justice Courts: Courts of the People by Heather L. Thuet Article | Ensuring That the Testimony of Children Is Obtained in a Way That Promotes the Effective Determination of Truth by Blake R. Hills Utah Law Developments | Appellate Highlights by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Access to Justice | Access to Justice Update: No More Surprise Medical Bills by Pamela Beatse Article | Utah Incapacity Law and Powers of Attorney by Craig E. Hughes Southern Utah | The Meet and Confer by Bryan Pattison Book Review | Twenty Million Angry Men: The Case for Including Convicted Felons in Our Jury System by James M. Binnall Reviewed by Nicholas C. Mills Focus on Ethics & Civility | Optimizing Pessimism by Keith A. Call Young Lawyers Division | Virtual Legal Clinic Brings “Tuesday Night Bar” to the Community by Christopher Bond & Alex Vandiver State Bar News CLE Calendar Classified Ads 
September / October 2022
Volume 35 No. 5 Table of Contents
President's Message | Using the Bar to Make Life Easier 11 by Kristin K. Woods Views from the Bench | Utah's New Rule Providing For Water Law Case Assignments to Judges Who Have Been Educated About Water Law 14 by The Honorable Kate Appleby Article | Reflections on Independent Clearing House Part Two: The Clawback Cases 16 by Ronald W. Goss Utah Law Developments | "He's going to be all right" - Privileges, Evidence, and Candor in Provider-Patient Communications 24 by Taylor Kordsiemon & Austin Westerberg Utah Law Developments | Appellate Highlights 31 by Rodney R. Parker, Dani Capernich, Robert Cummings, Nathanael Mitchell, Adam Pace and Andrew Roth Article | A Practitioner’s Guide to the Utah Court of Appeals: Jurisdiction, Procedure, and Outcome 34 by Carol Funk Article | The Law Firm and the Monastery: Five Lessons on Living with Change 46 by Michael Patrick O'Brien Southern Utah/Book Review | The Hallows 49 by Victor Methos Reviewed by Jay Winward Southern Utah | Legal Research Doesn’t Have to Break the Bank: Free and Low-Cost Research Avenues 46 by Victoria Carlton and Annalee Hickman Pierson Utah State Bar Services | Life-Altering Events: Prepare Now to Protect Your Practice, Clients and Family 51 by R. Craig Johnson Contributions by Scotti Hill, Martha Knudson, Linda Webster and Peter Webster Focus on Ethics & Civility | Informal Legal Advice 56 by Keith Call State Bar News 58 CLE Calendar 68 Classified Ads 69 |
table of contents
Bar Elections | President-Elect and Bar Commission Election Results Article | Celebrating Stephen Breyer: Gentleman, Constitutional and Administrative Law Scholar, and Metaphysician of Tomato Children and Marshmallow Guns by Todd Zagorec Article | The Changing Face of Legal Education by Carolynn Clark Utah Law Developments | Ensuring Compliance with Utah’s New Consumer Privacy Act by Danica P. Baird Utah Law Developments | Appellate Highlights by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Article | Assessing the Statute of Limitations in a Nonjudicial Foreclosure Context by Spencer Macdonald Book Review | Finding Theodore and Ariminta: Love, Loss and Settling the American West by Byron Burmester Reviewed by Luisa Gough Southern Utah | The Introduction by Stephen P. Dent Lawyer Well-Being | Lawyers Helping Lawyers – Recovery Through Service by W. Matthew Hall Focus on Ethics & Civility | I Have No Idea What I’m Talking About by Keith A. Call Article | Where to Eat in San Diego by San Diego native Cherise Bacalski, with recommendations by San Diego transplant Mike Green Young Lawyers Division | YLD’s Spring Ball Focuses on Giving Back to Unhoused Youth by Scotti Hill State Bar News CLE Calendar Classified Ads 
November / December 2022
Volume 35 No. 6 Table of Contents
President’s Message | Returning to In-Person 9 by Kristin K. Woods Views from the Bench | Embracing Online Jury Selection 10 by The Honorable Matthew Bates Commentary | Evolving Innovation in the Law 14 by Deno Himonas, Victoria B. Finlinson, and Taymour B. Semnani Commentary | The Sandbox 17 by Jeffrey D. Eisenberg Article | In Defense of the Imperial System of Measurement in Law 29 by Steven Rinehart Utah Law Developments | Appellate Highlights 35 by Rodney R. Parker, Dani Cepernich, Robert Cummings, Nathanael Mitchell, Adam Pace, and Andrew Roth Lawyer Well-Being | Overcoming Imposter Syndrome: What it is, What it isn’t, and What You Can Do About It 39 by Martha Knudson Article | Resolving The Dahl Conundrum: The Public Policy Conflict Between Asset Protection Trusts and The Equitable Division of Marital Assets 44 by Alexander Chang and Bart J. Johnsen Article | When NFTs and Intellectual Property Collide 50 by Alexis Nelson Book Review | The Dictionary Wars 53 by Peter Martin Reviewed by The Honorable Michael Leavitt Focus on Ethics & Civility | Lessons From Alex Jones: The Rules Governing Inadvertently Produced Documents 55 by Keith A. Call State Bar News 58 Young Lawyers Division | New Opportunities 66 by Cedar Cosner Paralegal Division | Message From the Chair 67 by Katie Lawyer CLE Calendar 68 Classified Ads 69 |
The Utah Bar Journal is published 6 times each year and is received by every attorney, licensed paralegal practitioner, and paralegal division member who maintain an Active, Current, or Inactive-Full Service license with the Utah State Bar. Our current circulation is approximately 10,800 and growing.
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The lawyers of the Utah State Bar serve the public and legal profession with excellence, civility, and integrity. We envision a just legal system that is understood, valued, and accessible to all.
Published by the Utah State Bar 645 South 200 East • Salt Lake City, Utah 84111 • Telephone (801) 531-9077 • www.utahbar.org