Firm / Organisation

Magleby Cataxinos & Greenwood

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This content is provided by Magleby Cataxinos & Greenwood .

Managing Partners: James E. Magleby, Edgar R. Cataxinos
Number of partners: 8 Number of lawyers: 15
Languages: English, Spanish, Thai, Russian, Ukrainian

Firm Overview:
Based in Salt Lake City, Utah, Magleby Cataxinos & Greenwood (‘MCG’) is a trial and intellectual property boutique. MCG has recovered over $290 million for clients through trial, arbitration and confidential settlements. MCG’s IP team has successfully prosecuted thousands of patents and handled major patent infringement cases and PTO proceedings. The firm’s informal motto is ‘Smart Beats Big,’ reflecting the belief that a small group of smart, hard-working lawyers who believe in their clients can obtain extraordinary results.

Main Areas of Practice:  

Complex Intellectual Property Litigation
Complex Business Litigation
Patents & Prosecution
Complex Legal Issues

Complex Intellectual Property Litigation:
5 partners, 7 associates
■Trade Secrets
■Unfair Competition
■Computer Code
■Trademarks & False Advertising (Lanham Act)
■Internet Litigation

Complex Business Litigation:
8 partners, 5 associates
■Business & Civil litigation
■Breach of Contract
■Business Dissolution
■Business Torts
■Securities Law ■
■Business Fraud

Patents & Prosecution:
3 partners, 2 associates

Complex Legal Issues:
8 partners, 7 associates
■Pre-Litigation Negotiation of Complex Disputes
■Arbitration
■Patent Infringement & Licensing Negotiation
■Construction Litigation
■Real Estate Loan Modification
■Condemnation
■High Stakes Probate Litigation
■Multijurisdictional Litigation
■Multi-level Marketing
■Real Estate & Construction Litigation
■White Collar Criminal Defense

Recent Cases:
ClearOne v. UBS; After a two-week arbitration before a 3-member panel, but before decision, the firm obtained a $45 million settlement in an Auction Rate Securities (i.e., ‘ARS’) case for firm client ClearOne, doubling the value of the company
ClearOne v. WideBand; MCC successfully obtained a preliminary injunction against use of ClearOne’s trade secrets. Then, after a three-week trial, MCG obtained a jury verdict of $10.5 million and a permanent injunction. The firm successfully enforced the injunction, with certain defendants being found in contempt of court, and ultimately ordered to be incarcerated
Kitchen v. Herbert; MCG successfully mounted a constitutional challenge to Amendment 3 to the Utah Constitution, which banned gay marriage. MCG planned and pursued a successful strategy designed to achieve first-filed, post-Windsor case to challenge marriage discrimination laws, if the Windsor case did not resolve the issue. Successfully filed first post-Windsor case, obtained first post-Windsor ruling on gay marriage in the country, striking down Utah’s Amendment 3. Kitchen case became the model case for subsequent rulings, was the first post-Windsor case to reach a federal appellate court, and the only federal district court case cited in the US Supreme Court’s Obergefell ruling
Myriad Genetics v. Ambry Genetics; MCG partner Edgar Cataxinos was co-counsel on the team that successfully defeated a preliminary injunction motion by Myriad Genetics in Utah federal court, allowing the worldwide leader in genetic cancer testing through its BRCA product line
Planned Parenthood Association of Utah (‘PPAU’); MCG successfully represented PPAU against Utah’s Governor Gary Herbert and others (collectively, the ‘Defendants’), alleging violation of PPAU’s rights under the United States Constitution as a result of the Governor’s directive that state agencies stop state-administered federal funding to PPAU (the ‘Directive’). After TRO and Preliminary Injunction proceedings, PPAU ultimately prevailed before the Tenth Circuit
USA Power LLC v. PacifiCorp; MCG partners Peggy Tomsic and James Magleby, along with MCG attorney Eric Schnibbe, obtained a jury verdict of approximately $134MM after a five-week trial. After a deduction for overlapping damages by the trial court, the verdict was unanimously affirmed by the Utah Supreme Court, resulting in a judgment of $122MM being paid to the firm’s clients. The USA Power verdict is believed to be the largest trade secret verdict affirmed by an appellate court in the state. The case was No. 21 of the National Law Journal’s Top 100 Verdicts of 2012
Utah Counties v. Opioid Defendants; MCG is part of a three-firm coalition representing 15 Utah Counties in ground-breaking Opioid litigation, seeking to hold those responsible for the Opioid crisis accountable

Key Clients:
■Alfwear, Inc., dba KÜHL
■Ameritech College
■Basic Research
■Birko Corp.
■Bodell Construction Company
■Boulder Ventures Development, Inc.
■ClearOne, Inc.
■Corteva Agriscience
■DowDuPont
■Flowserve Corp.
■Fundme.com
■GeoMetWatch Corporation
■Purple Innovation, LLC
■Sizzling Platter, LLC
■USA Power
■Vitamins Online
■Vivint Solar
■DowDuPont

Firm Contacts:
Co-Managing Partner- Intellectual Property, Complex Business, Litigation:
James E. Magleby
Email: [email protected]
Co-Managing Partner- Intellectual Property, Litigation: Edgar R. Cataxing
Email: [email protected]
Tel: 801 359 9000