Commercial Litigation

With extensive backgrounds in high profile, big firm litigation, we aggressively pursue all types of commercial litigation. Our philosophy is that careful analysis at the outset of a case saves time and money and achieves better results. With a clear plan of how a case should be pursued or defended, we staff cases efficiently, work diligently and move cases forward with focus. Much of our work comes from referrals from lawyers with whom we have worked or against whom we have practiced.

Class Actions
We have had extensive experience in class-action representation, both as class counsel, but more typically defending class actions. These include defense of smoker class-action cases, employment discrimination and consumer actions. We presently are defending two consumer class actions challenging policies of health plans and a major wage and hour class action lawsuit against a national retailer.

Corporate Governance Disputes
We have represented corporate and non-profit boards and individual directors in defense of breach of fiduciary duty claims and pursued such claims on behalf of the RTC and dissident shareholders.

Securities, Antitrust and Contract
We have successfully defended anti-trust claims in the healthcare, construction and broadcast industries and pursued and defended many securities claims. We regularly represent our clients in a variety of contract, fraud and regulatory disputes.

Intellectual Property
We have extensive experience in trade secret, trade name, cybersquatting and software dispute cases. We have successfully pursued employer efforts to protect their confidential information from competitors and departing employees.

Product Liability
We routinely defend product liability claims against the tobacco industry, medical device manufacturers and other consumer and health product manufacturers and distributors.

All of our lawyers are litigators, enabling us to devote the substantial resources necessary to pursue or defend the most complicated cases. The following are some of the reported decisions in which we have been involved:

• Goodnight v. Chater, 960 F. Supp. 1538 (D. Utah 1997)
• Jackson v. Philip Morris, Inc., 46 F. Supp. 2d (D. Utah 1998)
• Reedeker v. Salisbury, 952 P.2d 577 (Utah Ct. App. 1998)
• Jones v. TCI Cablevision of Utah, Inc., No. 99-4103, 2000 U.S. App. LEXIS 18670 (Aug. 3, 2000)
• Butcher v. Hildreth, 992 F. Supp. 1420 (D. Utah 1998)
• United States v. Sharon Steel Corp., 681 F. Supp. 1492 (D. Utah 1987)
• Franklin Covey Client Sales, Inc. v. David Melvin, 2000 Utah Ct. App. 110
• Gerald Vincent v. Philips Electronics North America, 216 F.3d 1089 (10th Cir. 2000)
• Ann Maak v. Intermountain Health Care, 2007 UT App 244, 166 P.3d 631.

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