Lawyers at Ray Quinney & Nebeker handle appeals at all levels of state and federal practice. Appellate lawyers at the Firm have considerable experience with the special rules and considerations that apply when an appeal is filed. Many of them have served as clerks to federal and state appellate judges.

Ray Quinney lawyers are admitted to practice before the United States Supreme Court, the various federal courts of appeal, and many state appellate courts (including Utah). Ray Quinney can assist, of course, with appeals when the Firm has handled the underlying matter. But we can also handle appeals or provide consultation for cases that have been handled by other lawyers. This provides the client with both significant expertise and fresh insights.

Ray Quinney's support staff is well equipped to handle the sometimes complicated mechanics of filing briefs with appellate courts. Because briefs can be produced in-house, we offer flexibility, control, and accuracy to our clients who have cases on appeal.

If you wish to speak with an attorney about your business needs and questions, please contact:

Brent D. Wride
801-323-3365
bwride@rqn.com

Ray Quinney & Nebeker P.C. provides a full range of aviation-related legal counsel and services in this specialized field. Our attorneys’ expertise in the industry is vast, and includes defending a diverse group of clients in aircraft accident claims; structuring aircraft purchase, sale and lease transactions; and defending employment claims for airlines. We represent a variety of local, national, and international aviation clients. We are regularly involved in aviation-related seminars, and have served as guest speakers at national conferences. We are thoroughly familiar with the technology, experts and governmental regulations unique to this area of law.

If you wish to speak with an attorney about your business needs and questions in this area, please contact: Kamie Brown, 801-323-3348

Ray Quinney & Nebeker has one of Utah's largest and most developed bankruptcy and creditors’ rights practice groups. Our attorneys advise debtors and creditors, counsel clients on debt restructuring, and work toward innovative solutions to complex financing and reorganization issues. In addition, our attorneys are experienced in insolvency related litigation and appeals providing a comprehensive representation of clients.

Through the representation of many financial institutions in the State of Utah, as well as national and regional financial institutions, attorneys at Ray Quinney & Nebeker have been involved in the representation of secured lenders in a significant percentage of the larger bankruptcies filed in the United States Bankruptcy Court for the District of Utah. Ray Quinney & Nebeker attorneys have also represented committees of unsecured creditors.

The Bankruptcy and Creditors’ Rights practice group has also represented bankruptcy trustees, receivers under both Federal and State laws, insurance company liquidators under State laws, and stock brokerage trustees under the Securities Investor Protection Act. In addition, the senior attorneys have served as trustees and receivers.

The Bankruptcy and Creditors’ Rights practice group is comprised of five of the Firm's full time lawyers with additional support from a dozen other lawyers with experience in the intersection of bankruptcy law with the commercial law mergers and acquisitions, banking law, and real estate law. The bankruptcy law experience of the two senior lawyers is more than twenty-five years each. The bankruptcy practice group includes two fellows of the American College of Bankruptcy, one fellow of the American College of Trial Lawyers and two of the lawyers in the group are listed in Woodward/White's Best Lawyers in America in the area of bankruptcy law.

Ray Quinney & Nebeker has a dedicated group of lawyers experienced in the full range of legal issues related to condemnations and other governmental takings of private property. As counsel for both those who seek the protections of private property rights as guaranteed by the federal and state constitutions, and governmental entities faced with the competing demands of protecting those rights while achieving the needs of the community at large, we have the depth of knowledge and experience to grasp and resolve these very personal issues. In addition to the well known questions of just compensation for any taking and the creative valuation approaches utilized to answer those questions, we deal regularly with takings that arise out of conditions for development approval (exactions), takings resulting from government regulations, all aspects of impact fees, redevelopment to promote economic growth, and the various other ways private property rights can be adversely affected by governmental action. In addition to our experience in negotiations, mediations, and, when necessary, litigation of these issues, our lawyers have served on planning commissions, boards of adjustments and similar governmental agencies adding to the unique perspective we can bring to a takings case.

The Firm has a strong practice group focusing on corporate finance and securities law matters. We represent clients in all areas of financing and securities law compliance, including private placements and public offerings of debt, equity and hybrid securities, venture capital, SEC reporting and compliance, broker-dealer matters, franchising, securities arbitration and litigation.

Members of our corporate finance and securities practice group work closely with clients to help them avoid problems through careful planning and due diligence, while assisting them in raising needed capital and providing employee stock incentives.

Click on the topic area underlined below if you would like further information about Ray Quinney & Nebeker's corporate finance and securities law practice.

• Private Placements
• Venture Capital
• Public Offerings
• SEC Reporting and Compliance
• Blue Sky Compliance
• Broker/Dealer Licensing
• Broker/Dealer Regulatory Investigations
• Franchising
• Arbitration
• Litigation
• Mergers and Acquisitions involving stock

PRIVATE PLACEMENTS

VENTURE CAPITAL

We understand the needs of both the start up company and the venture capital provider in reaching a balanced investment decision. Our lawyers have documented and designed a wide variety of venture-type investment programs, including convertible preferred stock or debentures, joint ventures, strategic partnering, and asset-based financing.

PUBLIC OFFERINGS

Ray Quinney was the first law firm in the United States to successfully use Form SB-1 to register an initial public offering of securities for a small business issuer. At the same time, we have acted as issuer counsel for the largest public offerings of securities by anybody in the State of Utah. Our activities in between these benchmarks cover a wide array of registration statements, offering circulars, official statements and information statements, and billions of dollars in securities placed. Ray Quinney public offerings also run the gamut from debt to equity and into hybrid securities, such as securitized auto loans and home mortgages.

SEC REPORTING AND COMPLIANCE

Over the last 50 years, Ray Quinney has advised some of the largest and most prominent public companies in our market area on compliance with Securities and Exchange laws and regulations. This long and broad experience has served us well in the same representation of smaller companies with similar problems. Our counseling includes corporate management advice as well as significant shareholder help to meet personal securities reporting requirements. We regularly write and review Forms 10-K, 10-Q, 10-C, 8-K, 8-A, 3, 4, 5 and 13D covering a number of industries and shareholders.

BLUE SKY COMPLIANCE

We have an equally long relationship with state securities regulation, especially in the states of New York, California, Colorado, Utah, Idaho and Nevada. Our efforts have won valuable ad hoc exemptions from local securities authorities for a number of important financings and recapitalizations.

BROKER/DEALER REGULATORY INVESTIGATIONS

We have organized and registered securities broker-dealers and investment advisors, and have advised these companies with respect to ongoing regulatory compliance issues such as "know your customer", net capital and Form U-4 questions. Ray Quinney has also successfully defended broker dealers and investment advisors in SEC investigations and customer arbitration claims.

Several of our lawyers are active arbitrators with the NASD and/or NYSE.

MERGERS AND ACQUISITIONS INVOLVING STOCK

Ray Quinney has counseled several public companies with respect to acquisition and merger transactions involving the registration of stock or other securities. We have also represented the selling shareholders with their securities issues and ongoing reporting requirements under Rule 145.

A special niche of our practice involves roll-ups of companies and partnerships into "mother" entities for either consolidation and management purposes or for public offering liquidity purposes. Our experience in this area is varied, and includes oil and gas drilling partnerships, restaurant owner partnerships, insulation contractors, automobile dealerships, and back and recovery therapy supply stores.

The Firm has one of the largest practice groups focusing on employment and labor law in Utah. We represent clients in all areas of the workplace, including wage and hour issues, discrimination, labor relations, ERISA (employee benefits), unemployment matters, workers' compensation, civil rights, and other labor issues.

Members of our employment and labor practice group work closely with employers to help them avoid problems through careful planning, while assisting them in building positive employee relations.

Ray Quinney & Nebeker is the exclusive Utah representative of the Employment Law Alliance, an international network of independent law firms with established employment law practices. The Employment Law Alliance is the most comprehensive network of employment and labor law attorneys in the world.

We specialize in the following employment law related areas:

• Title VII
• Americans With Disabilities Act
• Fair Labor Standards Act
• Labor Relations
• ERISA Litigation
• Family and Medical Leave Act
• Age Discrimination in Employment Act
• At-Will Employment
• Employee Handbooks and Manuals
• Workplace Employment Law Seminars
• OSHA
• Noncompetition Agreements and Litigation
• Workers Compensation
• Executive Agreements

Title VII

Title VII bars discrimination based on gender, race, national origin, religious background, and other affiliations. Ray Quinney & Nebeker's employment law section has a wealth of experience in defending against Title VII actions at the administrative level and in state and federal courts. Our employment lawyers also assist clients in conducting sexual harassment investigations, training, and by helping clients with discipline and termination issues.

Americans With Disabilities Act

The Americans with Disabilities Act ("ADA") protects qualified individuals with disabilities from discrimination in the workplace. Ray Quinney & Nebeker has substantial experience in representing employers in ADA actions. The Firm also assists employers with analyzing reasonable accommodations requests and other complicated ADA issues. New Equal Employment Opportunity Commission regulations and recent case law make the ADA a particular troublesome statute. Our employment law section helps clients keep current with these and other new developments in ADA law.

Fair Labor Standards Act

The Fair Labor Standards Act ("FLSA") governs minimum wage and overtime pay in the workplace. Ray Quinney & Nebeker assists employers in determining whether they are covered by the FLSA and helps businesses analyze the cumbersome regulations that govern the FLSA. The Firm also frequently helps employers analyze whether particular employees are exempt or non-exempt from the FLSA.

Labor Relations

The National Labor Relations Act protects the right of employees to engage in concerted activity for purposes of collective bargaining. Ray Quinney & Nebeker’s labor relations lawyers represent employers in all facets of labor law, including union organizing, campaigns, collective bargaining, unfair labor practices, work stoppages, and other labor issues.

ERISA Litigation

The Employee Retirement Income Security Act (“ERISA”) covers all employee benefit plans, including retirement, medical, and all other benefits. Ray Quinney & Nebeker represents employers in a wide range of ERISA issues, including litigation over the denial of benefits, fiduciary duties, benefit plan design and administration, and compliance with Federal law.

Family And Medical Leave Act

The Family and Medical Leave Act ("FMLA") requires that employers employing fifty or more qualified workers within seventy-five miles of a worksite provide qualified employees with up to twelve weeks family and medical leave. The complicated regulations governing the FMLA present frequent challenges to businesses. Ray Quinney & Nebeker represents employers in FMLA litigation and assists clients in the daily interpretation of FMLA regulations.

Age Discrimination in Employment Act

The Age Discrimination in Employment Act ("ADEA") bars discrimination against employees age forty or over. ADEA claims often arise during reductions in force ("RIFs") and other termination settings. Ray Quinney & Nebeker is experienced in assisting clients on structuring and executing RIFs and in defending employers at all levels of ADEA litigation.

At-Will Employment

In Utah, all employees are presumed to be at-will employees. This means that employers can discharge employees at any time with or without notice, for any lawful reason, just as an employee may terminate their employment relationships at-will. Numerous issues have substantially limited the application of the at-will employment doctrine. Ray Quinney & Nebeker's employment law section is experienced in assisting employers in lawfully applying Utah's at-will employment rules.

Employee Handbooks and Manuals

Employee handbooks and manuals are useful tools for assisting employers in defending against employee lawsuits. At the same time, improperly drafted employee handbooks and manuals can create numerous litigation problems for employers. Ray Quinney & Nebeker assists employees with reviewing existing employee handbooks and compiling new manuals for clients.

Workplace Employment Law Seminars

Ray Quinney & Nebeker's employment lawyers conduct in-office seminars to provide employers with anti-sexual harassment workshops and instructions on applying the numerous statutes and regulations governing the employer-employee relationship. Many Ray Quinney & Nebeker clients have taken advantage of this service for employees at every level of their organization.

OSHA

Ray Quinney & Nebeker’s lawyers have significant experience dealing with OSHA citations for alleged safety violations and retaliation, and also provide counseling regarding safety plans and other proactive safety processes.

Noncompetition Agreements and Litigation

Ray Quinney & Nebeker's lawyers regularly draft noncompetition and confidentiality agreements, and also enforce those agreements by seeking court injunctions.

Workers Compensation

Ray Quinney & Nebeker represents several major employers in workers compensation matters, both in defending workers compensation cases and in providing counseling.

Executive Agreements

Ray Quinney & Nebeker also represents companies and executives in the negotiation and drafting of executive employment agreements, including stock option agreements and other executive benefit agreements.

Scott A. Hagen, Chair
801-323-3328
shagen@rqn.com

This Firm has the largest and most experienced practice group of estate and trust lawyers in the Intermountain West. Seven of the lawyers in the practice group are members of the American College of Trust and Estate Counsel (ACTEC) or Tax Counsel (ACTC). We specialize in planning mid-sized to very large estates, using sophisticated planning techniques. Our lawyers are experienced in estate and gift tax planning and return preparation, tax audit representation, probate procedures and estate and trust administration generally.

SPECIALIZED PRACTICE AREAS

The general area of Estate and Trust Planning and Administration includes the following areas of more specialized practice:

• Estate Planning
• Lifetime Gift Planning
• Valuation Issues
  • Discounting
• Generation-Skipping Transfer Planning
• Will Drafting
• Trust Drafting
  • Revocable Trusts
  • Irrevocable Trusts
  • Dynasty Trusts
  • Insurance Trusts
  • Charitable Trusts
  • Special Needs Trusts
• Family Partnerships and Limited Liability Companies
• Foundations and Other Charitable Organizations
• Planning for the Elderly
• Estate and Trust Administration
• Gift and Estate Tax Return Preparation
• Fiduciary Income Tax Return Preparation
• Probate of Estates
• Estate and Trust Disputes and Litigation
• Tax Audits
• Fiduciary Issues
• Marital and Family Law

If you wish to speak with an attorney about your business needs and questions, please contact:

D. Jay Curtis
801-323-3314
jcurtis@rqn.com

John R. Madsen
801-323-3342
jmadsen@rqn.com

Ray Quinney & Nebeker's health care lawyers represent, nationally and throughout the intermountain west, a wide variety of health care providers, physician entities, managed care concerns and other health care industry businesses. As a result, the Firm has broad exposure to the legal, regulatory and business issues impacting health care concerns in the changing health care environment. For instance, Ray Quinney & Nebeker attorneys have assisted clients in developing, structuring and documenting many types of medical practice entities, including sole practitioner entities, professional corporations, physicians groups, physician joint ventures, physician/hospital joint ventures, provider networks, managed care organizations and other integrated delivery systems. Ray Quinney & Nebeker is a member of the Utah Medical Insurance Association's approved provider panel of attorneys selected to assist and represent doctors in health care compliance matters.

The in-depth involvement of Firm attorneys in specific health care related transactions, as well as the Firm's broad exposure to numerous health care legal issues, provides Ray Quinney & Nebeker clients with the specialized expertise, and unique perspectives, needed to accomplish client objectives in the current and foreseeable health care environment. Indeed, attorneys in our Firm's health care department regularly lecture at health care bar and industry conferences and are considered leaders in their fields of practice. In addition, the Firm has significant experience in business formation, contracts, real estate, mergers and acquisitions, joint ventures, litigation and other legal issues which commonly arise in the health care practice and integrated health care delivery system environment.

Ray Quinney & Nebeker attorneys are active in numerous health industry practice areas, including the following:

• Medical practice and medical staff relationships and structuring
• Physician joint ventures
• "Stark" legislation advice and compliance
• False Claims Act, fraud and illegal compensation issues
• Business formation, financing, licensing and development issues
• Regulatory advice and representation before state and federal licensing agencies, including the Center for Medicare & Medicaid Services, Department of Health and Human Services, U.S. Department of Justice, Department of Labor, State of Utah, and Department of Professional Licensing
• Heath care related antitrust advice and litigation
• Health care litigation, including medical malpractice defense
• Syndication of ambulatory surgery centers, specialty hospitals and other health care providers.
• Mergers, acquisitions, joint ventures and partnerships regarding health care provider or payor entities
• Representation of medical device manufacturers in acquisition
• Health care facility licensing and other regulatory compliance issues
• Real estate and medical equipment acquisition and financing
• Defense of state and Federal Trade Commission and other federal anti-trust investigations and lawsuits
• Affiliation Agreements and Research Agreements between medical schools or scientific concerns and providers
• Medical staff employment issues
• Fair hearing and other peer review matters
• Employee relations, hospital and medical facility compliance issues and ethical guidelines
• Development and implementation of Corporate Compliance Programs
• Insurance and risk management
• Intellectual property protection
• Managed care relationships
• Physician practice group issues
• State and federal tax advice, particularly as to professional corporations, limited liability companies, pension and retirement plans related to physicians and other health care professionals and institutions
• HIPAA counseling

Ray Quinney & Nebeker represents a wide array of clients in patent, trademark, copyright, piracy, unfair competition, and related matters. Our clientele includes both Fortune 500 companies and smaller business concerns, including companies and individuals engaged in businesses concerning software development, medical devices, electronics, pharmaceuticals, and a wide variety of other products and services. Ray Quinney lawyers handle litigation, technology licensing, franchising, trade secret, copyright, and trademark application matters. For more information, please click on any of the following:

• Trademark and Copyright Registration
• Intellectual Property Licensing
• Technology-Related Business Start-Ups
• Litigation and Enforcement

Trademark and Copyright Registration

Ray Quinney attorneys handle a wide variety of name availability searches, trademark and copyright registrations, office actions, amendments, renewals, recordations, and administrative appeals before the United States Patent and Trademark Office, the United States Copyright Office, and various state agencies. We also have significant experience in administrative opposition and cancellation proceedings involving trademarks and service marks before the United States Trademark Trial and Appeal Board. We maintain hundreds of federal trademark and service mark registrations for a wide array of regional and national clients. The firm also has an expanding international registration practice.

If you wish to speak with an attorney about your business needs and questions in this area, please contact:

Lester K. Essig
801-323-3320
lessig@rqn.com

Intellectual Property Licensing

Ray Quinney’s practice includes a significant amount of document drafting and negotiation relating to all types of intellectual property. This includes preparation of assignments, asset purchases, licenses, sublicenses, development agreements, employment agreements, consulting agreements, distribution agreements, marketing agreements, outsourcing agreements, maintenance agreements, mutual consents, escrow documents, confidentiality agreements, cooperative alliance agreements, web site agreements, Internet service agreements, and other documents. Ray Quinney also engages in protective planning in the form of intellectual property audits, consultation, actions to perfect ownership rights and other protective measures.

If you wish to speak with an attorney about your business needs and questions in this area, please contact:

Rick B. Hoggard
801-323-3335
rhoggard@rqn.com

Technology-Related Business Start-Ups

The rapid growth of information technology has created significant demand for expanded legal services on the part of many of our clients. This is particularly true for technology-based clients entering the market for the first time, as well as those who have been in the market, but now face significant expansion and capitalization needs. Our firm provides a full service menu of expertise for our clients. This includes assistance not only with respect to technology protection, licensing, and transfer in the patent, copyright, software, Internet, multimedia, trademark, service mark, domain name, and trade secret fields, but also a broad umbrella of services relating to the formation of business entities, venture capital, public offerings, private placements, taxation, commercial law, employment law, and other fields.

If you wish to speak with an attorney about your business needs and questions in this area, please contact:

Mark A. Cotter
801-323-3378
mcotter@rqn.com

Litigation and Enforcement

Ray Quinney has a significant number of attorneys devoted to intellectual property litigation and enforcement. We have one of the largest intellectual property enforcement sections in the state, representing clients of regional, national, and international stature. Our enforcement activities focus primarily on patents, trademarks, service marks, trade dress, domain names, copyrights, licensing disputes, counterfeiting, piracy, and other infringement activities. We also assist clients in formulating and implementing comprehensive brand protection strategies. Our practice includes litigation in state and federal court, as well as actions before the United States Trademark Trial and Appeal Board. Ray Quinney’s IP litigators are also experienced in areas of law frequently related to IP litigation, including antitrust, interference with business relations, defamation, and related claims. Because of this breadth of experience, Ray Quinney is frequently retained by other IP firms to assist them with litigation. We welcome this team approach to IP matters.

If you wish to speak with an attorney about your business needs and questions in this area, please contact:

Mark M. Bettilyon
801-323-3307
mbettilyon@rqn.com