RESULTS

Newhouse Building

General Business Litigation

Won seven-figure jury verdict for general damages and punitive damages for defamation and abuse of process counterclaims, and obtained dismissal of plaintiff’s seven-figure damages case.

Won half-million-dollar arbitration award in counterclaim over firearm contract manufacturing agreement, defeating claimant’s claims for several million dollars.

Obtained summary judgment for fiber optical network provider against service provider on numerous claims and counterclaims in complex litigation regarding various defaults pertaining to use of and access to telecommunications network.

Won half-million-dollar award for breach of contract under the Uniform Commercial Code (UCC) when defendant failed to accept goods from seller.

Ownership/Partnership/Securities

Won at trial and collected judgment against imputed partner who had failed and refused to recognize partnership or equitably distribute partnership profits.

Representing the other shareholders and members of a number of corporate entities that own and operate a massive real estate development, obtained an injunction removing the former manager of the entities, who had engaged in various wrongful and oppressive acts.

Won a judgment for damages and attorney fees at trial against the purchaser of a business, who stopped making payments on the grounds of alleged securities fraud.

With the assistance of a computer forensics expert in a securities litigation matter, defeated the defendant’s motion for summary judgment, and obtained default judgment as a sanction against the defendant for his spoliation of relevant evidence.

Representing owners of a limited liability company, successfully won the dismissal of claims brought directly, rather than derivatively, by another shareholder.

Employment/Trade Secrets

Successfully defended a lawn services company and 25 of its employees against claims by a competitor for tortious interference, breach of noncompetition, nondisclosure, nonsolicitation, and noninterference covenants, and punitive damages. The federal court excluded each of the plaintiff’s damages experts and entered summary judgment dismissing the plaintiff’s claims, estimated by the plaintiff at several million dollars. The Utah Supreme Court resolved certified questions about the dispute in favor of clients.

Obtained summary judgment dismissing employee’s claims for wrongful termination, violation of FMLA, and violation of ADA, and obtained order from Tenth Circuit Court of Appeals affirming entry of summary judgment.

Obtained favorable settlement for network marketing (MLM) company and its international distributors regarding alleged improper competition, distributor recruitment, misappropriation of trade secrets, and spoliation of evidence.

Books

Obtained numerous TROs and injunctions against former employees violating covenants not to compete and other employment covenants.

On behalf of employees, defeated numerous motions for TRO and preliminary injunction brought by former employees for alleged breaches of covenants not to compete and other employment covenants.

Real Estate/Landlord-Tenant

Won a one-week trial for a large commercial tenant, defeating a landlord/partner’s eviction and treble damages claims totaling $9 million, and winning a judgment for attorney fees, expert fees, and court costs.

Won a two week-trial for one of Utah’s largest general contractors, obtaining a dismissal of $45 million in claims arising from a failed real estate development.

Won and collected nearly a million dollars in treble damages and attorney fees, after a successful trial and two appeals, for a commercial tenant in a forcible detainer case against its landlord.  In the same case, obtained a dismissal with prejudice of the landlord’s counterclaim for unlawful detainer and past and future rents.

Antitrust

In an antitrust case against a Fortune 500 company, obtained a no-knock seizure order where computer forensic analysis showed that defendant’s employee had attempted to hack into the plaintiff’s computer systems and download source code. Also obtained a favorable settlement after the U.S. Marshals assisted in serving the order.

Intellectual Property, Copyright, Trademark

Before engaging in significant discovery, obtained a multi-million-dollar settlement from a Fortune 500 company on claims for misappropriation of a former spokesperson’s identity, voice, and likeness in its ongoing product advertising.

Obtained for college client a successful resolution and dismissal of claims for copyright infringement centered on educational curriculum.

Conference Room

Obtained dismissal of claims for false advertising, Lanham Act violations, and related claims in action brought by chemical and nutritional supplement manufacturer.

Fiduciary/Trust

Obtained default against a fiduciary for spoliation of computer data and other evidence.

Collections/Asset Recovery

On the eve of trial, obtained nearly one million dollars in a settlement of a private lender’s claim against the subsequent owners of the borrower.

Collected a twenty-five-year-old judgment after tracking down the judgment debtor, who had gone into hiding in California.

Obtained, collected, or favorably settled numerous judgments for one of the largest banking associations in the United States.

Bankruptcy/Creditor Representation

Obtained judgment of nondischargeability in bankruptcy case against former employee who had defrauded client

Obtained successful resolution of a series of bankruptcy cases for creditor in enforcement of a judgment.

Notable Decisions

Nebeker v. National Auto Plaza, No. 2:13-cv-885-BSJ, 2015 WL 736867 (D. Utah Feb. 19, 2015), affirmed, No. 15-4035 (10th Cir. 2016)

InnoSys, Inc. v. Mercer, 364 P.3d 1013 (Utah 2015)

Wilderness Training & Consulting, LLC v. Aspen Educ. Grp., Inc., No. 14–866, 2015 WL 686019 (D. Utah Feb. 18, 2015)

Bel Courtyard Investments, Inc. v. Wolfe, 310 P.3d 747 (Utah Ct. App. 2013)

Hogan v. Winderet al., No. 2:12-cv-123-TS, 2012 WL 4356326 (D. Utah Sept. 24, 2012), affirmed, 762 F.3d 1096 (10th Cir. 2014)

Kenny v. Rich, 186 P.3d 989 (Utah Ct. App. 2008), cert. denied, 199 P.3d 970 (Utah 2008), cert. denied, 129 S. Ct. 1628 (2009)

Ellsworth Paulsen Construction Co. v. 51-SPR-L.L.C., 144 P.3d 261 (Utah Ct. App. 2006), affirmed, 183 P.3d 248 (Utah 2008)

TruGreen Companies, LLC v. Scotts Lawn Service, 199 P.3d 929 (Utah 2008)

Ashton v. Learnframe, Inc., 185 P.3d 1135 (Utah Ct. App. 2008), cert. denied, 199 P.3d 970 (Utah 2008), summary disposition granted, 2009 UT App 172

Wadsworth Lake Park, LLC v. Spillman Technologies, Inc., 2009 UT App 210, 2010 UT App 210

Phone Directories Co. v. Clark, 209 Fed. Appx. 808 (10th Cir. 2006)

Aris Vision Institute, Inc. v. Wasatch Property Management, Inc., 143 P.3d 278 (Utah 2006), affirming 121 P.3d 24 (Utah Ct. App. 2005)

Still Standing Stable, LLC v. Allen, 122 P.3d 556 (Utah 2005)

Jacobsen Constr. Co. v. Teton Builders, 106 P.3d 719 (Utah 2005)

Simons v. Park City RV Resort, 2015 UT App 168, 2015 WL 4129757

Camco Const. v. Utah Baseball Academy, Inc., 243 P.3d 1269 (Utah 2010)

Fonix v. Clarke, 44 Fed. Appx. 438, 2002 WL 1980484 (10th Cir. 2002)

Clawson v. Silver, 26 P.3d 209 (Utah 2001)

Phone Directories Co., Inc. v. Henderson, 8 P.3d 256 (Utah 2000)

Brinton v. IHC Hospitals, Inc., 973 P.2d 956 (Utah 1998)

McKean v. McBride, 884 P.2d 1314 (Utah App. 1994)

Gillmor v. Wright, 850 P.2d 431 (Utah 1993)

Jones v. New York Life & Annuity Corp., 61 F.3d 799, 1995 U.S. App. LEXIS 20407 (10th Cir. 1995)

Jones v. New York Life & Annuity Corp., 985 F.2d 503 (10th Cir. 1993)

Zions First Nat. Bank v. Overthrust Oil & Gas Corp., 826 P.2d 139 (Utah 1992)

Bennion v. ANR Production Co., 819 P.2d 343 (Utah 1991)

Huston v. Lewis, 818 P.2d 531 (Utah 1991)

Dixon v. Stoddard, 765 P.2d 879 (Utah 1988)

Estate of Jones v. Jones, 759 P.2d 345 (Utah App. 1988)

Masonry Equipment & Supply v. Willco Associates, Inc., 755 P.2d 756 (Utah App. 1988)