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Douglas J. Shumway
Business Attorney & Entrepreneur
Business Attorney & Entrepreneur

Douglas J.'s posts

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#ChatID  has a new brand - Welcome™ -- the only solution enabling retailers and brands to provide expertise, wherever it is, to consumers, wherever they are. Click on the article below to learn more about this awesome company.

#shoptalk2016   #retailers  

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Are ‪Software‬ ‪Patents‬ Unenforceable Post Alice Corp v. CLS Bank International? An analysis by my buddy Bret TIngey, a patent lawyer in Utah. 

#softwarepatent   #patentlawyer  

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Great Video About Taxes in the U.S. These statistics are shocking!

+Incite Tax is my accounting firm and I love those guys and gals. As a business owner and a lawyer for many business owners taxes are always on my mind. After watching this video I wanted to secede from the Union...but not everyone gets as upset as I do about government spending so I don't know if I would have any friends come with me to my own country. 

If you are concerned about your tax situation (prior or future) then call Incite and they can really help you out. They are small to mid-sized business specialists and I would recommend them to anyone.

#taxes   #IRS   #taxation   #taxreturn  

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SimpleCitizen is going to change the immigration application process forever

SimpleCitizen is a company based in Utah that has created a groundbreaking technology to help individuals navigate their way through immigration application processes. If you aren't watching this company you probably should be. 

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Justin Bieber filing another lawsuit? Hopefully his lawyers are telling him to never draw attention to a situation where the truth might be an absolute defense, and the truth would absolutely come out.

I love celebrity lawsuits because it always seems to me that the attorneys for the stars give pretty horrific advice in order to earn a bunch of money off of their clients. Clients generally don't understand the legal process because they see what television shows as the legal process and that just isn't all that bad. However, the real legal process, including discovery, can be most horrific for people because a client can be forced by the court to fully open the kimono and show everyone everything. If I was against Bieber in this sort of case I would subject him to all sorts of embarrassing discovery until he hated his lawyers so bad that he paid my client's legal bills to walk away from his lawsuit.

In any case, this is an entertaining article that everyone should read if you are looking for a good laugh today.

#bieber   #justinbieber   #lawsuit   #lawyer     

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Insider trading has been a problem since trading began but things are getting more interesting with the many new ways to accomplish such since the inception of the internet. This is a good article about securities litigation related to insider trading, which is something my fellow practitioners are always monitoring. 
Decision from U.S. Court of Appeals might change the face of Salt Lake City securities litigation forever

The reversal of the convictions of Todd Newman and Anthony Chiasson in the U.S. Court of Appeals for the Second Circuit earlier this month may have tremendous implications in any securities litigation involving claims of insider trading, as analyst Matt Levine discusses in the Bloomberg View. In his thoughtful review of the potential impact the appellate court’s decision could have for everyone everywhere, from New York to LA, Seattle to Salt Lake City securities litigation cases, Levine enumerates several salient points that securities attorneys should look out for.

Emphasizing that the reversal of the convictions of the two insider trading defendants is unlikely to make it to the Supreme Court, which has “shown some inclination to limit rather than expand insider trading law,” the analyst suggests that the opinion rendered in this case “is strikingly broad.” So much so that extrapolating it to other cases might suggest that “classic golf-buddy insider trading…might be legal under the Second Circuit’s reasoning.” This would indeed be a pretty big deal, as Salt Lake City securities litigation attorney R. Tee Spjute would know. Because this most recent decision “requires prosecutors to prove that inside information was divulged for ‘at least a potential gain of a pecuniary or similarly valuable nature,’ and not just out of friendship,” the landscape of securities litigation might look very different in the future.

Levine cautions us to remember that even while “lawyers like to say that ‘hard cases make bad law’, and there’s some of that going on here,” this particular decision is only one in a string where “insider trading law is entirely made by judges on a case-by-case basis.” Meaning? There’s no real law, written down; no statute or regulation banning insider trading. And if insider trading law is made judge-by-judge, case-by-case, it’s understandable why “judges want to be careful about only convicting people who really knew they were doing something illegal. If judges aren’t sure whether something is a crime, it’s a bit hard to send people to prison for doing it.” 

So what does that mean for the scope of Salt Lake City securities litigation, or securities cases involving insider trading anywhere else in the U.S.? One potential result is that the Securities and Exchange Commission itself would make some laws about insider trading (because we all know that Congress probably won’t). The SEC is authorized to create “such rules and regulations as the Commission may provide,” but will they? And what impact would that have on sanctioning insider trading, in the long term, since SEC cases are almost entirely civil or administrative?

Spjute and other Salt Lake City securities litigation attorneys are exceptionally aware that “most insider trading cases aren’t criminal.” Unless they involve bribes or other clearly illegal activities, “the sort of diffuse networks of hedge funds that…run on inside information” wouldn’t be prosecuted as criminal. More that they’d be limited to SEC enforcement, meaning that they’d pay a large fine or be shut down entirely. Which, when you think about it, isn’t so terrible. Instead of chucking someone off to an already overcrowded prison system, why not just make them give their money tainted by some dirty information back and then have your hands tied from doing it again? But that’s a concept that has to do with justice, not guilt, even though both are at stake in deciding what’s next for insider trading laws.

#securitieslawsuit   #securitieslitigationinsaltlake   #insidertrading  

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Salt Lake City immigration lawyer +Clay Alger on immigration reform.

Clay, one of the attorneys I work with in Salt Lake City, wrote this fantastic article about President Obama's immigration reform speech last night. As you are probably aware, Clay is a senior immigration attorney in Salt Lake so the President's speech last night was a top concern for him.

If you are in Salt Lake and you need help with understanding immigration reform please feel free to call our law firm at any time.

#immigrationreform   #immigrationlawyerinsaltlake  

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Will this result in more lawyers in Utah? A saturated market becoming more saturated.

As many people know, the number of attorneys in Utah increased dramatically during the Great Recession because so many people who were in school couldn't get a job out of school so they simply stayed in school. Many chose to become lawyers, and because Utahns like to stay in Utah the vast majority became Utah lawyers rather than going elsewhere.

The result of this situation has been the existence of a lot of under-trained and under-paid attorneys in Salt Lake City. These lawyers need to do any work that they can get their hands on in order to pay the bills so they take all offers and hope for the best. Unfortunately, these attorneys are hard to deal with because they are afraid to be wrong, or right, and want to avoid malpractice because they may not have insurance. This means that it is better for these attorneys to spin their wheels and avoid any sort of result in a case.

This article is a good article and talks about good things in the legal market, but let's all hope that the economy gets better and these under-trained attorneys get jobs at firms that will train them and help them to make money to pay off the debts they incur during law school and afterwards.  I worry about clients dealing with attorneys desperate for money because those attorneys are not likely making good decisions. If you are looking to hire an attorney please make sure you hire someone that has experience and who is financially stable so that they aren't looking to you to keep them alive.

#utahlawyers   #attorneysinsaltlakecity  

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All but one lawyer is not surprised by the decision to not waste time taking the snowboarders v. Alta Ski Resort case seriously

Lawyers in Salt Lake and probably all over the nation were surprised that a well-regarded law firm would represent the snowboarders in the lawsuit filed against Alta Ski Resort. Hopefully the lead attorney in this case was surprised by the outcome and is not feeling guilty about the potentially massive legal fee incurred to wage a war that was not likely winnable before the first word was typed. Charging a bunch of money and then having a judge essentially disregard the arguments you have made is a tough thing for any lawyer to deal with, and an appeal is unlikely, so what did the client get out of all of this? Who knows!

I, for one, am very glad that Alta Ski Resort is not going to be forced to change its business strategy because of this sort of lawsuit. I think that capitalism should control business strategies rather than complaints from a non-target market.

The comments to this article and others around Utah are pretty entertaining so you should read those if you are reading this. One interesting thought was a desire to mess up the terrain for snowboarders at the more popular snowboarding locations for a few years and see if they don't fire up a lawsuit to stop someone from doing that. Maybe the same attorney will represent the messer-uppers in that lawsuit as well!

#altaskiresort   #lawyersinsaltlakecity  

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Tesla plant in San Antonio? Burger King serving donuts? Deals are keeping merger and acquisition attorneys busy.

As a law firm with offices in tech-savvy cities we get exposed to a lot of merger and acquisition work. It is great to see the economy coming back strong in both San Antonio and Salt Lake City, even though we would all love to see Las Vegas pick up quite a bit more. 

This is a great article from our San Antonio office about a few of the more interesting transactions happening around the M&A world. I don't know that I am a Tesla guy, but burgers and donuts are right up my alley! If you have heard about any interesting transactions please let me know because I would be more than happy to post about them.

#tesla   #burgerking   #mergerattorneysinsanantonio  
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