Our Employment & Labor Law Practice Group has become aware of a bill pending in the Utah legislature that would radically impact an employer’s ability to enforce covenants not to compete.  Like in California, the new law would prohibit “post-employment restrictions” on an employee’s ability to compete with an employer after termination.  An employer seeking to enforce such a provision (with no carve out for contracts that predate the legislation) would be liable for the employee’s actual damages, including all costs and attorneys’ fees.

As this legislation would significantly impact your ability as an employer to protect your business assets, goodwill, and confidential/proprietary information, we urge you to consider contacting your state senator and representative to express your opinion about the proposed legislation.  We will keep you apprised of the outcome and whether you need to adjust your contracts, policies and practices.   Please contact your Fabian VanCott attorney with any questions or to discuss further.

The full text of the bill can be found at:  Post-Employment Restrictions Amendments

The Employment & Labor Law Practice Group


Presented by Fabian VanCott’s Corporate, Employment and Intellectual Property Practice Groups.

Please join us for our annual update on recent developments in corporate, employment and intellectual property law. We will cover topics like the impending deadline for Utah LLCs to comply with the new LLC Act as well as recent developments in securities laws, wage and hour laws, and confidentiality and non-compete agreements. New this year we will cover topics businesses face regarding trademark, patent, and intellectual property law issues. These new topics are some of the significantly enhanced services Fabian Vancott now offers our clients since Fabian and VanCott joined forces earlier this year. You will come away from this seminar with a better understanding of the issues that are or will be affecting your business in the coming months. CLE and CPE credit will be available.

This is a free seminar, but seating is limited.  Lunch will be served.

Please register early.

Date:                  Thursday, November 19, 2015
Registration:       11:45 a.m. – 12:00 p.m.
Program:              12:00 p.m. – 2:00 p.m.
Marriott City Center, Olympus Ballroom, 2nd Floor
220 South State Street
Salt Lake City, Utah 84111

RSVP by Friday, November 13, 2015 
to Samantha McNett – 801.531.8900 or smcnett@fabianvancott.com

Two of the region’s most highly respected law firms, Fabian Clendenin and Van Cott, Bagley, Cornwall & McCarthy, today announced they have combined practices, resulting in one powerhouse firm, Fabian VanCott. Beginning this month, Fabian VanCott will conduct business from the offices of former Fabian Clendenin located at 215 S. State Street in Salt Lake City, and 601 S. 10th Street in Las Vegas, Nevada.

Built from more than 200 combined years of foundational knowledge, and unwavering principles and values, this newly formed alliance of these two firms provides a formidable breadth and depth of legal expertise. Fabian VanCott will continue to provide a national clientele with business and litigation legal expertise in numerous areas of practice, including complex litigation, intellectual property, real estate, administrative & regulatory compliance, environmental & natural resources, bankruptcy & receivership, business transactions & corporate law, venture capital & financial, tax & estate planning, tax controversies, white collar criminal defense, employment & labor law, ERISA & employee benefits, and litigation, trial & appeals.

With roots dating back to the late 1800’s, the joint firms established prominence in the business and legal community by representing several of the largest industries and organizations located in the Intermountain West. Fabian VanCott is a contender to any of the region’s largest firms while providing localized knowledge of the community and business climate at competitive pricing.

“Combining the exceptional and diverse talent of two reputable firms provides exponential benefits to our clients and to the business community as a whole,” said Peter W. Billings, named President of Fabian VanCott. Billings continued, “We believe this alliance will add important practice areas and additional expertise which will allow us to serve our clients even better.”

“As a legacy firm established in 1874, we are confident that joining forces with Fabian at this time preserves our impeccable reputation yet opens the door to new opportunities now and in the future,” said Gregory Williams, president of Van Cott, Bagley, Cornwall & McCarthy. “As a unified organization, we will continue to serve the highest caliber clients and attract the most extraordinary legal talent.”

Fabian VanCott employs the legal expertise of more than 70 attorneys recruited from the country’s leading law schools and legal firms.


Fabian Clendenin, a Salt Lake City, Utah based law firm is pleased to announce that Eleissa C. Lavelle has joined its Las Vegas office as “Of Counsel”.

Eleissa has more than 30 years of experience as a trial, appellate and transactional attorney, while also having extensive experience as a mediator and arbitrator.  She has been involved as an advocate and arbitrator in a number of matters involving public and private construction, real estate and commercial disputes, including those arising from the development, financing, construction, leasing and management of shopping centers, offices, industrial facilities and residential projects. As a mediator and arbitrator, Eleissa has resolved disputes involving dissolution of business enterprises, trust administration, financial institutions, investments, and a wide variety of commercial property and real estate transactions. (more…)

Fabian Clendenin is pleased to announce that Bryant W. Jensen has joined the law firm as an associate.

Bryant’s law practice focuses on tax and estate planning, tax litigation and business and corporate law. In the area of taxation, he comes to Fabian Clendenin having earned his master of laws in taxation from New York University School of Law, while also holding a master’s degree in accounting from the Jon M. Huntsman School of Business at Utah State University, where he graduated magna cum laude. (more…)

Fabian Clendenin is pleased to announce that Joan M. Andrews, Jeffrey B. Setness, Robert G. Crockett and Clint R. Hansen have been promoted to shareholders.

Joan M. Andrews focuses her practice on employment and education law, assisting her clients with both litigation and litigation prevention. She is admitted to practice in Utah state and federal courts as well as the 10th U.S. Circuit Court of Appeals. Joan obtained a bachelor’s degree from Dartmouth College and received her law degree at the University of Utah where she was a member of the Utah Law Review and a William H. Leary Scholar.

Jeffrey B. Setness, in Fabian Clendenin’s Las Vegas office brings over 30 years of experience to the firm with a practice focused on white-collar criminal defense and government investigations, civil tax litigation, and representing individuals and businesses before the Internal Revenue Service (IRS). He is licensed to practice in Nevada, California and the U.S. Tax Court. Jeff earned his law degree at Santa Clara University and received his bachelor’s degree from the University of California, Santa Barbara.

Robert G. Crockett specializes in real estate and corporate litigation. Robert is a graduate of the Brigham Young University J. Reuben Clark Law School, where he was senior and associate editor on law review. He obtained his bachelor’s degree from the University of California, Berkeley, where he graduated with honors while majoring in history and minoring in Spanish. Robert is admitted to practice in Utah’s state and federal courts.

Clint R. Hansen focuses his practice on complex commercial litigation and also handles insurance and tort claims. Clint received his law degree from the University of Texas, where he was editor-in-chief of the Texas Environmental Law Journal and graduated with honors. He earned his bachelor’s degree in English from Brigham Young University, where he graduated cum laude. Clint is admitted to practice in Utah’s state and federal courts.

Fabian Clendenin is pleased to announce that Kirsten R. Allen has joined the law firm as an associate.

Kirsten’s law practice focuses on complex litigation, employment, energy and utilities, environment/natural resources and product liability. Kirsten brings the perspective of having previously worked in the field of sustainable energy policy research. (more…)