Utah Bar Journal

* President's Message: Adopt the Diversity Pledge
* Electronic Discovery: New Power, New Risks
* Obtaining Medical Records After HIPAA: New Federal Privacy Protections Change the Rules for Attorneys
* USERRA: Navigating Uncharted Legal Territory
* Utah Law Developments: Obtaining and Maintaining State Trademarks in Utah

"Good intentions aside, many law firms do not treat diversity as a strategic factor that contributes to the bottom line. That lack of understanding, nonetheless, impacts their bottom line in missed opportunities, wasted resources, and costly turnover."

- Creating Pathways to Diversity: A Set of Recommended Practices for Law Firms (2003), a report of the Minority Corporate Counsel Association

PUBLIC REPRIMAND
On September 24, 2003, Blaine P. McBride was publicly reprimanded by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court for violation of Rules 1.3 (Diligence), 1.4(b) (Communication), and 8.4(a) (Communication) of the Rules of Professional Conduct.

It is now clear that electronic information is so pervasive and important in civil litigation in the United States that every civil litigator in Utah must know how to pursue and provide electronic discovery, and every individual and company likely to bring or defend a civil lawsuit must understand the decisive impact of electronic discovery.

As incoming Chair of the Division, I am proud to introduce to you the newly-elected officers and directors of the Legal Assistant Division for 2003-2004. These talented professionals will continue the LAD tradition of service to its members, to the Bar, and to the Community.

Author; Kevin B. Laurence & Matthew D. Thayne

It is widely known that a federal trademark registration is preferable to a state trademark registration or reliance on common-law trademark rights. However, in some circumstances a state trademark registration has value. This article provides an analysis of the reasons for registering trademarks with a state as compared with federal registration and reliance on common-law trademark rights. The procedures for obtaining and maintaining registrations in Utah are also presented in this article. There is also an overview of infringement remedies available to owners of marks registered in Utah.

Author; Robert R. Harrison

I. INTRODUCTION
On April 14, 2003, the first phase of new federal regulations governing the privacy of medical records became law. The Health Insurance Portability and Accountability Act of 1996 ("HIPAA")1 creates a complex array of rules governing the secure storage and exchange of information in connection with electronic data transactions ("the Transactions Rule")2 and a distinct set of requirements regarding the confidentiality and privacy of individually identifiable health information ("the Privacy Rule").

This article focuses on the requirements and implications of the Privacy Rule for attorneys needing to obtain protected health information from covered entities for litigation or administrative proceedings.

Commission Highlights
During its regularly scheduled meeting of September 19, 2003, which was held in Logan, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

1. Victoria K. Kidman, Chair of the UPL Committee and Marsha Thomas, past Committee Chair appeared to update the Commission on their work. Vicky summarized the caseload work and Marsha summarized the sub-committee's marketing efforts which is designed to prevent the unauthorized practice of law before it occurs, particularly among members of the minority community.

Author; Jim Barber

Our nation lately has experienced the largest military call-up in over a decade. As military deployments end and service members return home, they and employers alike are confronted with questions that accompany these returns. Understanding the Uniformed Services Employment and Reemployment Rights Act (USERRA), Chapter 43 of Title 38, U. S. Code, as passed by Congress in October 1994 answers these questions and eases the reemployment process.