Attorneys’ Fees and Attorney Malpractice
In re Heil – represented debtor in contesting substantial attorney fee request in bankruptcy proceeding. Trial involved claims of attorney misconduct.
Aegenis Group v. Dahn – represented one member of closely held corporation in dissolution proceeding against other shareholder. Multi-day arbitration trial resulted in large monetary judgment in favor of client.
Graf v. Williamson – represented one member of limited liability company in dissolution proceeding against other member. Multi-day trial involving ownership rights and company valuation. Obtained favorable monetary result for client.
The Canopy Group v. Computer Associates International, Inc. – Represented plaintiff in an action brought against Computer Associates for breach of contract, violation of Lanham and other tort claims. After the jury was selected, the case settled in favor of plaintiff for an amount reported in the press to be $40 million.
Equity Labs v. Sorenco Laboratories – represented manufacturing company in dispute over commissions allegedly owed to former salesperson. One-week jury trial.
Hexion Specialty Chemicals v. Huntsman – part of trial team in a two-week multi-billion dollar trial in Delaware Chancery Court. The case revolved around a failed merger agreement between two of the world’s largest chemical companies.
Larken Inc. v. Frontier Recovery Services – successfully represented client at trial in collection matter.
Larry J. Coet Chevrolet v. Labrum – represented defendant in contract dispute. After bench trial, court dismissed claims against client and entered judgment on client’s counterclaim for fraud.
Radmall v. Wicat – represented manufacturing company in dispute over commissions allegedly owed to former salesperson. One-week bench trial.
Stone v. Everin – represented real estate developer accused of embezzling funds at evidentiary hearing trial involving request for pre-judgment writ of attachment.
Silka Corp. v. Martinez – on a pro bono basis, represented a tenant wrongfully accused of breaching lease and facing eviction. At bench trial, court dismissed opposing party’s claims and entered judgment on counterclaim for abuse of process in favor of client.
Kilpatrick v. Wiley, Rein & Fielding, represented plaintiff group in a three-month jury trial against law firm who had conflicts of interest and breached duties owed to clients. Jury awarded 8-figure verdict in favor of clients.
Trade Secrets and Non-Compete Agreements
Ball v. Hartwell Corporation – represented departing employee and subsequent employer in case alleging trade secrets and breach of non-complete agreement. Bench trial on motion for preliminary injunction.
HPSI v. Crandall – represented national dietary consulting firm accused of misappropriating trade secrets. After two-day bench trial on motion for preliminary injunction, opposing party withdrew all claims.
Hub International v. Buckner – represented departing employee and subsequent employer in case alleging trade secrets and breach of non-complete agreement. Bench trial on motion for preliminary injunction.
Exceptional Innovation v. Lite Touch – represented home automation system manufacturer in trademark dispute. After bench trial on motion for preliminary injunction, opposing party agreed to stop infringing conduct and pay significant damages.
Breton v. Law Firm – PROFESSIONAL MALPRACTICE – 2013 UT App. 65, 299 P.3d 13. Utah Court of Appeals affirmed summary judgment in favor of law firm client.
David P. Coldesina D.D.S., P.C. v. Estate of Simper – PROFESSIONAL LIABILITY DEFENSE – 407 F.3d 1126 (10th Cir. 2005). Represented accountant accused of failing to identify misappropriation of ERISA plan funds by investment advisor.
Exceptional Innovation LLC v. Lite Touch, Inc. – TRADEMARK INFRINGEMENT – 2007 WL 647847 (6th Cir.). Obtained favorable settlement for client after submitting appeal brief in trademark infringement case.
Fire Insurance Exchange v. Estate of Therkelsen – 27 P.3d 555 (Utah 2001). Represented estate of deceased individual seeking insurance coverage for shooting death.
Kilpatrick v. Wiley, Rein & Fielding – 37 P.3d 1130 (Utah 2001). Represented individuals who were victims of law firm’s conflicts of interest and breaches of fiduciary duty.
Larry J. Coet Chevrolet v. Labrum – FRAUD – 180 P.3d 765 (2008). Court upheld award of attorneys’ fees and judgment for fraud in favor of client.
Robinson v. Law Firm – 2016 UT App. 34, 369 P.3d 119, cert. denied, 379 P.3d 1183. Utah Court of Appeals and Utah Supreme Court affirmed summary judgment in favor of law firm client.
Trillium USA, Inc. v. Board of County Commissioners of Broward County – 37 P.3d 1093 (Utah 2001). Utah Supreme Court affirmed dismissal of claim against firm client because claim should have been brought in Florida, not Utah.