Attorney Profile Photo of Brenda E. Weinberg

Brenda E. Weinberg

Associate

Brenda Weinberg is a trial attorney licensed in Utah and Missouri whose practice consists of appellate practice and commercial litigation, including the areas of real estate, securities, professional malpractice, employment, trade secrets, receiverships, and general business disputes. She also has extensive experience in seeking and resisting temporary restraining orders and preliminary injunctions.

Brenda grew up in St. Louis, Missouri and Northern California before moving to Nashville, Tennessee to attend college. She graduated from Vanderbilt University in 2011 where she studied European history, politics, and economics. Her senior thesis discussed the reorganization of Europe, post-war policies, population transfers, and economic development. While in college, she rowed with the Vanderbilt Crew as Stroke Seat, played clarinet with the Vanderbilt Wind Symphony, and joined Sigma Alpha Iota. After college, she moved to Utah and worked in the ski industry.

Brenda graduated from the University of Utah S.J. Quinney College of Law in 2016. During law school, she continued to work in the ski industry with a firm that regularly represents Utah’s ski resorts. She also interned with Utah Third District Judge Laura Scott, coauthored an essay presented at the National Association of Certified Valuators and Analysts Conference, and worked with Utah Legal Services representing domestic violence victims.

Education

  • J.D., University of Utah S.J. Quinney College of Law, 2016
  • B.A., Vanderbilt University, 2011

Bar & Court Admissions

  • Utah State Bar
  • Missouri State Bar
  • Tenth Circuit Court of Appeals
  • Speaker, Nuts and Bolts Judicial Panel, Utah State Bar Summer Convention, 2019
  • Speaker, Building Your Own Book of Business: Ethically Marketing Yourself and Your Firm, Litigation Section Quarterly CLE, 2019
  • Speaker, Current Trends in Business Valuation Case Law, National Association of Certified Valuators and Analysts Conference, 2016
  • Author, The Rule of Law in a Time of Lawlessness, Global Justice Blog, 2014
  • Salt Lake Symphonic Winds, clarinet player
  • Southern Utah Bar Association
  • Board Member, Community for Children’s Justice (2017-2018)
  • Vanderbilt CoRPs Volunteer
  • Litigation Section Executive Committee
  • David K. Watkiss – Sutherland II Inn of Court
  • Securities Law Section
  • Women Lawyers of Utah, Young Lawyers Division
  • Salt Lake County Bar Association
  • Federal Bar Association

Rated by Martindale-Hubbell® Peer review as AV® Preeminent™ 4.9 out of 5.*

*Peer review Rated Lawyer of AV® Preeminent™ 5.0 out of 5.* *AV® Preeminent™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the Bar and the Judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories – legal ability and general ethical standards.

Business Law, Commercial & Real Estate Litigation

  • Obtained emergency stay from the Tenth Circuit Court of Appeals pending appeal of order to forward all revenue of limited liability company to a judgment creditor.
  • Achieved dismissal at pleading stage of conspiracy, aiding and abetting, fraud, and voidable transfer claims in connection with the transfer of money and water shares.
  • Obtained temporary restraining order and preliminary injunction against former business partner prohibiting communication with or competition against vendors, clients, and prospective clients and restricting access to company’s email, bank accounts, and warehouse while successfully defending against business partner’s motion for TRO.

Personal Injury

  • IBC Advanced Techs., Inc. v. Ucore Rare Metals, Inc., 415 F. Supp. 3d 1028 (D. Utah 2019)
  • DiTucci v. Ashby, No. 2:19-cv-277-TC, 2019 U.S. Dist. LEXIS 106144, at *2 (D. Utah June 24, 2019)
  • Rosenthal v. Morris, No. 2:17-cv-01196-RJS-PMW, 2019 U.S. Dist. LEXIS 11262, at *2 (D. Utah Jan. 23, 2019)

Trade Secrets and Intellectual Property

  • Obtained temporary restraining order against mining company prohibiting misappropriation of or conducting business with entities seeking to utilize client’s confidential information and trade secrets.

Securities Fraud

  • Defended against allegations of $200 million securities fraud and Ponzi scheme by the Securities and Exchange Commission, Commodity Futures Trading Commission, and Department of Justice.
  • Represented court-appointed lead plaintiff under the Securities Exchange Act of 1934 in class action against a genetic test manufacturer and its most senior executives.

Professional Malpractice

  • Obtained favorable jury verdict and an award of past medical expenses and non-economic damages against a surgeon involving bisection of the common bile duct during laparoscopic cholecystectomy.
  • Defended medical professional in Division of Occupational and Professional Licensing proceedings and claims filed under the Medical Malpractice Act.

Appeals

  • Ditucci v. Bowser, 985 F.3d 804 (10th Cir. 2021)
  • Erickson v. Canyons School District, 2020 UT App 91

Brenda regularly provides pro bono legal services to the American Civil Liberties Union. Outside of the courtroom, she remains active in the community playing clarinet with the Salt Lake Symphonic Winds, visiting her family in St. Louis, skiing all of Utah’s ski resorts, and hiking the Bonneville Shoreline Trail with her dog, Jackson.