James E Magleby

Mr. Magleby's litigation and trial experience includes cases involving trade secrets, patents, trademarks and unfair competition, the Lanham Act, trade dress, real property and real estate, construction, partnership and business dissolutions, commercial collections, securities, landlord-tenant disputes, and non-competition and non-circumvention agreements.

Hospital Mergers and Antitrust Policy, 21 Antitrust Bull. 137 (1996).

The Constitutionality of Utah's Medical Malpractice Damages Cap, 21J. Contemp. L. 217 (1995).

The Recovery of Attorney Fees in Utah, 23 J. Contemp. L. 379 (1997).

Justices of the Utah Supreme Court, 1896-1996, co-author (1997).

* Representing Utah-based ClearOne Communications, Inc. in a two-and-a-half week jury trial, resulting in a verdict of approximately $10.5 million for theft of trade secrets and related claims.

* Representing a number of parties in a complex business theft case in Utah state court, obtaining approximately $1.3 million in a bench verdict.

* Representing a partner in the iconic Utah restaurant La Caille in a breach of partnership and fiduciary duty case, obtaining a $4.7 million unanimous verdict from a Salt Lake County jury.

* Obtaining complete dismissal of over $27 million in claims against a client, after a confidential two-week arbitration held in New York City.

* As co-counsel with Magleby Cataxinos partner Peggy A. Tomsic in a more than five-week jury trial, in which the firm won a unanimous verdict of over $133 million for the firm's clients in a theft of trade secret, breach of Confidentiality Agreement, and breach of fiduciary duty case. The jury verdict was affirmed by the Utah Supreme Court in May 2016.

* Securing a settlement of $45 million for Utah-based ClearOne, Inc. against investment bank UBS Financial Services, Inc. after a two-week arbitration before a three-member panel, but before a decision.

* Representing clients in a five-week bench trial against the Federal Trade Commission (FTC). Prior to trial, the firm succeeded in having the FTC’s damages claims reduced from over $20 million to less than $9 million.

* Along with lead counsel Peggy Tomsic and firm partner Jennifer Fraser Parrish, Mr. Magleby represented three same-sex couples in successfully having Utah’s ban on same-sex marriage declared unconstitutional in Kitchen v. Herbert in 2013. The trial court’s decision was affirmed by the Tenth Circuit, making same-sex marriage legal in not only Utah, but also Oklahoma, Kansas, New Mexico, Colorado, and Wyoming.

* Obtaining an award of over $9.5 million in a Lanham Act, false advertising case including claims for the deceptive manipulation of Amazon product reviews, after a four-week video bench trail in the Summer of 2020 during the pandemic. The award was augmented by millions of dollars in prejudgment interest and attorney fees, and now stands at $16.5 million.

Obtaining dismissal of hundreds of millions of dollars in claims against firm clients on motions to dismiss or summary judgment.

Over $100 million recovered through confidential settlements.

Swarthmore College

BA

1985 - 1989

University of Utah College of Law

JD

1991 - 1994