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SC&M’s Annual Utah Tort and Insurance Seminar

Our annual Utah Tort and Insurance Seminar will be held Friday, October 14, 2022. We will address topics such as pro-active defense practice, updates to premises law, how to defend the indefensible, and low-impact, big damages claims. We will be…

SEC Loses Home Court Advantage

By: Daniel D. Hill

The recent Jarkesy decision ruled that the SEC’s in-house adjudication or administrative process violates the 7th Amendment’s right to a jury trial. Finding that an enforcement action brought by the SEC in the SEC’s own in-house administrative process is “akin to traditional actions at law to which the jury-trial attaches,” the Fifth Circuit concluded that persons subjected to such an enforcement action are entitled to a jury trial, which the SEC process does not afford.

Commercial Financing in Utah: Legislative Change Coming

By: Daniel D. Hill

The recent enactment of the Commercial Financing Registration and Disclosure Act (Senate Bill 183), requires persons who provide certain commercial financing products to (1) register with the Department of Financial Institutions and (2) make certain disclosures in connection with each commercial financing transaction.