Kunzler Bean & Adamson, PC

Change is Coming: What Do We Really Need? In the week following the 2024 Presidential Election, I received a number of calls from clients asking what this to expect.?The internet was a firestorm of speculation and rumors, including the possibility of the new administration dismantling the SEC.?As a securities lawyer with over 25 years of experience and having gone through multiple changes in administrations, I tried to balance history with some of the unprecedented changes being tossed around. We are now a a few weeks into the new administration and we have seen a definitive course of change from prior administrations, including the first term of the current administration.?The signing of executive orders, the nomination of Paul Atkins, a crypto industry professional, to serve as the new SEC Chairman, Mark Uyeda to serve as the interim commissioner and Hester Pierce to be part of Crypto Task Force signal a drastic change in the industry.?The SEC’s recent shift in leadership and the formation of a dedicated cryptocurrency working group signal an opportunity for meaningful regulatory reform that could balance innovation with investor protection.?I believe that the need for solid regulation and guidance is long overdue, but do not believe that a complete lack of regulation and oversight is in the best interest of issuers, investors or anyone else.? Want to know what areas need SEC guidance the most? Click the link to view the full article: https://lnkd.in/gpWMr5cZ Written by: Marty Tate, Partner #sec #incentivebased #memecoins #crypto #cryptocurrency #securitiesandexchange #newregime

SEC Declares Meme Coins Outside Its Jurisdiction: A Turning Point for Cryptocurrency Regulation? On February 27, 2025, the U.S. Securities and Exchange Commission (SEC) made a significant announcement that has reverberated across the cryptocurrency ecosystem: meme coins, or cryptocurrencies inspired by internet memes and viral trends, are not considered securities. This ruling has sparked questions within the world of securities regulation and sparked new debates about the role of meme coins in the broader crypto market and the future of cryptocurrency as a whole.?This was not something that most people felt was a priority and could arguably lead to more uncertainty about what constitutes a security and will likely lead to further distrust of the crypto industry. To read the full article click below: https://lnkd.in/gcs9Y9es Written by: Marty Tate, Partner #memecoins #crypto #SEC #cryptocurrency #secregulation

Kunzler Bean & Adamson, PC is honored to be recognized for another year by the Utah Center for Legal Inclusion - UCLI in our efforts to prioritize legal inclusion in our firm. It is a pleasure working hand-in-hand with those at UCLI to make Utah a better state to practice law. #legalinclusion #dei #diversityinlaw #utahlaw

Kunzler Bean & Adamson, PC is excited to welcome our newest patent agent Sujay Jayanth. He comes to us with expertise in technologies such as SSDs, NAND flash memory, semiconductors, electric vehicle battery system, processor architecture and more. He is an integral addition to our rapidly growing intellectual property group. https://lnkd.in/g64qX7Rp #intellectualproperty #patent #patentagent

Kunzler Bean & Adamson, PC is happy to welcome our new litigation associate Linsey Scoresby. She comes to us with a host of skills in all aspects of civil litigation. Check out her profile, alongside our other esteemed attorneys by clicking the link below ?? https://lnkd.in/gqaGnW3t

Important Update: Federal Judge Overrules FTC’s Non-Compete Ban Yesterday, a federal judge blocked the FTC’s attempt to restrict employers from entering into non-compete agreements with employees and other contractors. In issuing her decision, Judge Ada Brown determined that the FTC “lacks statutory authority to promulgate the Non-Compete Rule, and that the Rule is arbitrary and capricious.” The FTC’s rule “shall not be enforced or otherwise take effect on its effective date of September 4, 2024 or thereafter.” In response to the court’s ruling, employers no longer need to follow prior guidance pertaining to the new rule, including modifying employee agreements and notifying employees that the non-compete provisions are void. In response to Judge Brown’s decision, the FTC indicated that it is “seriously considering a potential appeal,” and that the decision does “not prevent the FTC from addressing noncompetes through case-by-case enforcement actions.” Additionally, employers should note that the recent decision does not affect any state laws that prohibit non-compete provisions. If an employer is prohibited by applicable state law from entering into a non-compete agreement, they must ensure continued compliance with the requirements of that law. If you have any questions about how the new ruling affects your organization, please contact us. https://lnkd.in/gB5pYhwX

Essential Steps to Prepare for the FTC’s Non-compete Ban (Effective September 4, 2024) The Federal Trade Commission's ("FTC") new rule prohibiting non-compete provisions will officially take effect on September 4, 2024. Our firm previously sent out an update regarding this rule. Despite several legal challenges, courts have not yet enjoined the implementation of the FTC’s new rule. As such, employers should take steps to ensure that they are in compliance with the new rule before the rule’s effective date on September 4. Specifically, employers should review and revise all employee agreements and policies to ensure that they do not include any prohibited non-compete provisions. In addition, employers with existing non-compete provisions with current and former employees should take steps to comply with the FTC’s notice requirements by notifying all such employees that the existing non-compete provisions are void. Check out the full post here: https://lnkd.in/g6SRXYNe #FTC #noncompete #employmentlaw

KB&A is happy to welcome Kaitlyn (Bean) Haven to our IP team. Her practice focuses on assisting clients protecting their intellectual property through patents, trademarks, copyrights, and trade secrets. She has a scientific and technological background and received her undergraduate degree in Mechanical Engineering from the University of Utah. During law school, Kaitlyn gained invaluable experience as Gonzaga University School of Law recipient of the Diversity in Technology IP Law Scholarship and Internship, which included an immersive IP clerkship program with a Fortune 500 company in California. Outside of the office, Kaitlyn enjoys spending time with family, reading, and attending local concerts. Playing the viola is a passion she loves almost as much as reading a great book. #iplaw #utahlaw #diversityintechnology #patents #trademarks

Kunzler Bean & Adamson’s Defamation practice group recently obtained two victories in separate cases under a new Utah statute that raises unique challenges for defamation plaintiffs. ? The Uniform Public Express Protection Act (UPEPA), passed in 2023, imposes heightened burdens on defamation plaintiffs, forcing them to either provide significant evidence in support of their claims from the outset of a case or face dismissal. Our defamation team, led by Ryan Bell, recently filed two cases on behalf of KB&A clients. The defendants in both cases filed motions to dismiss under the new statute. KB&A won the right to take extraordinary discovery in both cases, and then prevailed against both motions to dismiss, winning a resounding victory before one court and reaching agreement with the defendant in the other case to withdraw their motion. ? This statute is part of a new wave of anti-SLAPP legislation that is currently spreading through many states, raising new challenges and risks for defamation plaintiffs. These laws provide an additional example of the hazards of pursuing defamation claims without the aid of true specialists in this complex field. The KB&A defamation team continues to leverage its significant experience in defamation law to secure outstanding outcomes for its clients. https://lnkd.in/gxXz95rM #defamation #utahlaw #defamationlaw

Wrapping up our star studded Legal Elite squad, we have Matthew Lewis. Along with Utah Business Legal Elite, Matt was previously recognized as the Federal Bar Association pro bono lawyer of the year. Matt is known for his strong litigation practice, along with his deft hand in many different areas of expertise. Congratulations Matt! We are lucky to have you on our team. #litigation #utahlaw #utahbusiness #probono #criminaldefense