Litigation

Experienced Litigation Attorneys

Parsons Behle & Latimer provides experienced and effective representation for corporate clients throughout the Intermountain West region. In fact, our litigation department is one of the largest and broadest in this geographic area. Our civil and commercial litigation group includes more than 50 experienced trial lawyers who practice before federal and state courts, administrative agencies and arbitration panels. Our litigators provide an exceptional level of litigation and dispute resolution services, relying on proficiency in a range of industries and areas of practice.

If you are involved in a litigation matter, or are concerned that a current dispute may soon rise to the level of a lawsuit, our firm is ready to help. Contact: Michael L. Larsen, 801-536-6735, MLarsen@parsonsbehle.com or Raymond J. Etcheverry, 801-536-6608, REtcheverry@parsonsbehle.com to schedule an opportunity to meet with us about how we can use our knowledge, skills, and experience to help you resolve your litigation matter quickly and cost-effectively. Whether you are involved in personal injury litigation or complex matters involving national antitrust laws, our overall goal is to arrive at solutions that meet your needs. The bottom line is that we strive to resolve disputes in the most expeditious manner possible.

Antitrust Law

Clients rely on Parsons Behle & Latimer to represent them in a broad range of antitrust matters and related litigation. Parsons Behle & Latimer attorneys devote a substantial portion of their practice to this area and their experience and knowledge is as diverse as the issues involved. Lawyers in our antitrust group offer counsel in criminal and civil antitrust matters, merger analysis, vertical issues, pricing issues, intellectual property issues and more.

If your corporation has become involved in an antitrust lawsuit, or you are concerned about antitrust litigation affecting your business operations, contact Raymond J. Etcheverry, 801-536-6608, REtcheverry@parsonsbehle.com to schedule a consultation. In addition to relying on a wealth of in-house support, our firm maintains close working relationships with a number of antitrust consulting economists nationwide.

Attorneys focused on this area:

• Etcheverry, Raymond J.
• Glick, Mark A.
• Mangum, David G.
• Bennion, David M.
• Speirs, C. Kevin
• Dykes, Mark W.
• Johnson, Kristine Edde
• White, Juliette P.
• Georgelas, Damon J.
• Bell, Scott S.
• Sinclair, Cory D.

Securities Litigation

Our securities litigation attorneys represent a variety of corporate, individual, and broker-dealer plaintiffs and defendants in a variety of securities and securities-related litigation disputes, including:

• Securities class actions
• S.E.C. investigations and enforcement actions
• Investigations and enforcement actions
• Derivative actions
• Dissenters rights actions
• Partnership disputes
• N.A.S.D. arbitrations
• Consumer class actions
• S.R.O. audits and investigations
• Broker/dealer compliance issues
• Proxy and tender offer disputes
• Broker/dealer non-competition and nondisclosure disputes
• Corporate dissolution actions
• Minority shareholder disputes
• Mergers and acquisitions litigation
• Breach of fiduciary duty matters
• Audit committee representations
• Internal corporate investigations
• D&O insurance coverage disputes

We have a broad base of experience and skill in the area of securities law. Our attorneys also work closely with the securities compliance and transactional lawyers at Parsons Behle & Latimer to draw on that department's regulatory and transaction structuring experience in approaching complex securities litigation matters. As a result, clients can expect not only high quality securities litigation advice, but also a comprehensive solution to their litigation, public disclosure, and corporate structuring needs and objectives.

Attorneys focused on this area:

• Etcheverry, Raymond J.
• Roche, Kent O.
• Christiansen, Erik A., chair
• Baker, Brent R.
• Schmutz, Christina Jepson
• Petrogeorge, Michael P.
• Glenn, Patricia Parkinson
• Hall, David R.
• Ball, John P.
• Georgelas, Damon J.
• Bell, Scott S.
• Heinhold, David K.
• Taylor, Elliott N.

Banking Litigation

For more than a century, Parsons Behle & Latimer’s banking lawyers have represented local, regional and national financial institutions in a wide range of litigation matters. Our banking litigators represent clients in the defense of lender liability claims, mortgage actions, loan workouts, judicial and non-judicial foreclosures, quiet title actions, disputes involving letters of credit, check fraud and commercial paper disputes.

We assist clients in all phases of loan workouts using available remedies from workout transfers to trustee writs, attachments, replevin actions and actions for fraudulent transfers.

Parsons Behle & Latimer banking attorneys represent some of the largest banks in the United States in their local litigation. We also represent a variety of other financial institutions in the defense of check, wire and other deposit account-related cases, state and federal forfeiture claims, consumer disputes and commercial disputes.

Click here to view our banking litigation representative case list.

Attorneys focused on this area:

• Doctorman, Gary E., chair 
• Veasy, Paul D.
• Stevens, Lawrence E.
• Dryer, Randy L.
• Whitney, Elizabeth S.
• Goodenow, Rew R.
• Baker, Brent R.
• Scott, Laura R.
• Hall, David R.
• Ball, John P.
• Georgelas, Damon J.
• Lewis, Katherine
  

Bankruptcy Litigation

The bankruptcy litigation attorneys in our Financial Solutions Group can assist financial institutions, resorts/country clubs, creditors and trustees in workouts and bankruptcies. These seasoned attorneys, many of whom are rated by Best Lawyers in America, have decades of experience representing financial institutions, creditors (secured and unsecured), trustees, debtors and asset purchasers of financially distressed properties. They have the requisite experience to advise clients about judicial and non-judicial foreclosures, alleged fraudulent transfers and other bankruptcy related litigation during these economically challenging times.

Attorneys focused on this area:

• Beckett, J. Thomas, chair
• Doctorman, Gary E.
• Veasy, Paul D.
• Goodenow, Rew R.
• Dykes, Mark W.
• Ball, John P.
• Brutsch, Stefan P.
• Billings, David P.

Commercial Litigation

Described as "highly esteemed for its practical, good-quality advice," by Chambers USA, Parsons Behle & Latimer’s top tier-ranked commercial litigation department is comprised of 47 litigation attorneys with experience in:

• Contracts
• Securities
• Real Property
• RICO
• Construction
• Franchises
• Insurance Coverage
• Government Contracts - Qui Tam
• Mediation and Arbitration
• UCC/Commercial Disputes

Litigators in this group are also recognized in Best Lawyers in America for work in commercial and antitrust litigation. Twenty-two of these lawyers have received the Martindale-Hubbell AV ratings.*

Attorneys focused on this area:

• Stevens, Lawrence E.
• Cassas, Frank
• Dryer, Randy L.
• Etcheverry, Raymond J.
• Wikstrom, Francis M.
• Austin, Spencer E.
• Wilson, John B.
• Doctorman, Gary E.
• Roche, Kent O.
• Miller, Maxwell A.
• Veasy, Paul D., chair
• Larsen, Michael L.
• Langton, Derek
• Kealy, Michael R.
• Gavre, W. Mark
• Bailey, J. Michael
• Beckett, J. Thomas
• Whitney, Elizabeth S.
• Evans, William J.
• Goodenow, Rew R.
• Dykes, Mark W.
• Baker, Brent R.
• Christiansen, Erik A.
• Stilling, William J.
• McGann, Margaret Niver
• Blanch, James T.
• Venti, Katherine
• Schmutz, Christina Jepson
• Johnson, Kristine Edde
• Reyes, Sean D.
• Hillman, Shane D.
• Baldwin, Vicki M.
• Delaney, John E.
• Petrogeorge, Michael  P.
• Olsen, Karl Y.
• Glenn, Patricia Parkinson
• Droubay, Jeffrey J.
• Hall, David R.
• Ball, John P.
• White, Juliette P.
• Georgelas, Damon J.
• Bell, Scott S.
• Farrell, Nicole G.
• Brutsch, Stefan P.
• Mrazik, Richard E.
• Motschiedler, Susan Baird
• Pyne, Nicole
• DeLong, Robert W.
• Winzeler, Zack L.
• Stultz, Joseph M.
• Young, Michael, W.
• Frandsen, Nicholas U.
• Taylor, Sanna-Rae

Employment Litigation

From discrimination and wrongful discharge to whistleblower and ERISA claims, Parsons Behle & Latimer litigation attorneys have an impressive record litigating claims. They also represent clients in mediations and arbitrations pursuant to collective bargaining agreements, private agreements, court-referred ADR and brokerage and other contracts and also frequently advise clients regarding the benefits of mediation and arbitration procedures. Additionally, a number of the firm’s employment lawyers have served as neutrals in mediations and arbitrations.

Click here to view our employment law representative case list.

Attorneys focused on this area:

• Wangsgard, Chris
• Gavre, W. Mark
• Blattner-Thompson, Elisabeth R.
• Langton, Derek
• Zody, Michael A.
• Schmutz, Christina Jepson
• Reyes, Sean D.
• Droubay, Jeffrey J.
• Farrell, Nicole G.
• Brutsch, Stefan P.
• Motschiedler, Susan Baird

Environmental/Climate Change Litigation

Parsons Behle & Latimer’s environmental lawyers routinely represent clients in environmental litigation in and outside of Nevada and Utah, and have recently handled matters in Idaho, Minnesota, Washington, Oregon, California, Michigan and New York. Several of our environmental litigators previously worked in the federal government, including the U.S. Department of Justice, U.S. Attorneys Office and the U.S. Environmental Protection Agency, giving them the knowledge and experience to represent corporate and individual clients in all types of environmental litigation.

We have significant skills in defending or bringing cost recovery litigation under CERCLA, RCRA, and state law. We work with expert consultants to marshal scientific evidence regarding the source, nature and extent of contamination in the context of litigation, agency adjudication and mediation.

Defending and settling civil enforcement actions with state and federal regulators under the Clean Air Act, Clean Water Act, RCRA, and similar state statutes is another area of our focus. Our environmental litigation attorneys achieve cost-effective settlements with regulatory authorities through command of the facts and careful scrutiny of the applicable regulations and guidance documents.

With intensified efforts by federal and state governments to bring criminal enforcement actions against companies and their officers and managers for violations of environmental laws, our environmental litigation lawyers closely monitor developments and advise and defend clients accordingly. We regularly represent corporate and individual clients in connection with environmental criminal investigations and enforcement actions.

Defense of citizen suits is another area of strength of Parsons Behle & Latimer’s environmental litigation department. Most federal environmental statutes contain “citizen suit” provisions that allow environmental and public interest groups to bring an action against an individual or company that has allegedly violated environmental laws. These statutes allow the citizen group to recover attorney’s fees if they prevail in litigation or settle the case, and have become a favorite legal tool of opponents of development projects and industrial activities. The firm's environmental litigation attorneys have extensive experience defending citizen suits.

We also handle a wide range of regulatory litigation including litigation and adjudication involving challenges to permit decisions, rulemaking challenges and other administrative actions. Our environmental litigators also assist clients with environmental/toxic tort claims and environmental insurance litigation.

Click here to view our environmental matters representative case list.

Attorneys focused on this area:

• Stevens, Lawrence E.
• Allred, Daniel M.
• Tundermann, David W.
• Austin, Spencer E.
• Kapaloski, Lee
• Wilson, John B.
• Pos, Hal J.
• Bailey, J. Michael
• Ford, M. Lindsay
• Butler, Jim B.
• Malmquist, Michael J.
• Kirschner, Lisa A.
• Dykes, Mark W.
• Zody, Michael A., chair
• Angell, Richard J.
• Hillman, Shane D.
• Baldwin, Vicki M.
• Droubay, Jeffrey, J.
• Hill, Earl M.

False Claims Litigation

Parsons Behle & Latimer’s litigators have significant experience defending lawsuits filed by “whistleblowers” under the qui tam provisions of the federal False Claims Act, alleging the submission of false claims for payment to the U.S. government. In recent years, both the health care industry and defense contractors have been targets of choice for qui tam relators. Because of the staggering damages and penalties that may be at issue in False Claims Act cases, any such entity must assume that everyone, including its own employees, is watching its every move in the hope of “hitting the jackpot” by uncovering evidence of government fraud and filing a qui tam lawsuit. With its experience in this area, Parsons Behle & Latimer's litigation attorneys can provide invaluable services to clients both in advising personnel on how to avoid False Claims Act violations in the first place, and in providing first-class legal representation in the unfortunate event that qui tam actions are filed.

Parsons Behle & Latimer’s litigation lawyers have developed extensive experience researching and litigating virtually every issue that can come up in a case under the False Claims Act. The firm’s experience allows it to serve clients with respect to all phases of such litigation, including informal coordination with government lawyers and the qui tam relator’s counsel during the sealed phase of the case, discovery disputes, interaction with government personnel regarding the acquisition of necessary information, motion practice, jury research and trial preparation, negotiation with government lawyers and relators’ counsel regarding settlement, and many other litigation-related activities.

One particular area in which Parsons Behle & Latimer’s false claims litigation experience proves invaluable is in understanding and successfully navigating the difficulties and dilemmas that present themselves when the U.S. Department of Justice simultaneously initiates both civil and criminal investigations of allegations presented in a False Claims Act complaint. Such circumstances require a heightened sensitivity concerning Fifth Amendment issues and other logistical difficulties. Parsons Behle & Latimer false claim litigation attorneys are acutely aware of these issues and have substantial experience dealing with the government attorneys who handle such investigations.

Attorneys focused on this area:

• Dryer, Randy L.
• Austin, Spencer E.
• Larsen, Michael L.
• Whitney, Elizabeth S.
• Dykes, Mark W.
• Blanch, James T.
• Hall, David R.

Natural Resources Litigation and Mining Litigation

Our natural resources practice is national and international in scope and highly experienced in working with governmental and administrative agencies. We offer significant experience in judicial and administrative litigation involving:

• Public lands
• Federal, state and private mineral leases
• Mining claims and patents
• Royalties
• Coal supply contracts
• NEPA adequacy
• State environmental permits, compliance and liability
• CERCLA and RCRA
• Environmental insurance coverage
• Water rights disputes
• Environmental toxic torts
• Rate cases

Attorneys focused on this area:

• Stevens, Lawrence E.
• Jensen, Dallin W.
• Wikstrom, Francis M.
• Tundermann, David W.
• Rencher, Ronald L.
• Kapaloski, Lee
• Wilson, John B.
• Veasy, Paul D.
• Pos, Hal J.
• Ford, M. Lindsay
• Buter, Jim B.
• Bailey, J. Michael
• Malmquist, Michael J.
• Kirschner, Lisa A.
• Zody, Michael A.
• Angell, Richard J.
• Hill, Earl M.
• Marshall, Robert W.
• Zimmerman, John R.
• Conway, Alysa Keller
• Schulte, Elizabeth A.

Intellectual property Litigation

Our intellectual property litigation attorneys are well versed in representing both plaintiffs and defendants in a broad array of intellectual property matters in a wide range of established and emerging technology fields – from manufacturing and software to the most advanced robotics and biomedical products being developed in the country today. Clients in industries across the board look to us to help them meet the challenges they face.

Our intellectual property litigators have represented clients in courts across the country, including Utah, Wyoming, Idaho, California, Oregon, Texas, Oklahoma, Kansas, Tennessee, Louisiana, Georgia, Minnesota, Michigan, Indiana, Illinois, Ohio, Washington, D.C., New Jersey, Delaware and New York.

Covering a broad spectrum of technologies – chemical, electrical and mechanical – our intellectual property litigation attorneys have handled cases involving various electromechanical and purely mechanical devices used in the oil drilling industry, mechanical devices for wastewater treatment, electrical and mechanical medical devices, computer hardware and software, processes and products used in DNA research, chemical compositions and processes used in oil and natural gas production, processes used for making pharmaceutical chemicals and chemical compositions, and chemical compositions and processes and mechanical devices for commercial and military devices for commercial and military explosives and detonators, among others. Striving for effective and creative solutions, we also seek resolution through arbitration, mediation and settlement when appropriate.

Attorneys focused on this area:

• Wikstrom, Francis M.
• Mangum, David G., chair
• Etcheverry, Raymond J.
• Larsen, Michael L.
• Glick, Mark A.
• Langton, Derek
• Evans, William J.
• Speirs, C. Kevin
• Bennion, David M.
• Christiansen, Erik A.
• Stilling, William J.
• McGann, Margaret Niver
• Blanch, James T.
• Johnson, Kristine Edde
• Delaney, John E.
• McCarthy, Michael R.
• Droubay, Jeffrey J.
• Ball, John P.
• White, Juliette P.
• Farrell, Nicole G.
• Mark, Brandon J.
• Sinclair, Cory D.

Current intellectual property litigation clients include Baker Hughes Inc., Iomega Corp., Altiris, Inc., Alliant Techsystems, Inc. and Novell, Inc.

Click here to view our intellectual property representative case list.

Product Liability Litigation

Our product liability lawyers have decades of experience defending major corporations in complex multi-district litigation. They are knowledgeable about the scientific and technical aspects of the products in dispute as well as the public relations ramifications that arise over claims.

Attorneys focused on this area:

• Dryer, Randy
• Thronson, Charles
• Hindert, Daniel W.
• Worel, Michael A.
• Larsen, Michael L.
• Bailey, J. Michael
• Venti, Katherine E., chair
• Schmutz, Christina Jepson
• Olsen, Karl Y.
• Glenn, Patricia Parkinson
• Hall, David R.
• Ball, John P.
• Bell, Scott S.
• Farrell, Nicole G.
• Mrazik, Richard E.
• Heinhold, David K.

Insurance Coverage Litigation

Parsons Behle & Latimer's insurance coverage litigation attorneys represent policyholders, insurers and insurance brokers in a wide variety of first party and third-party insurance coverage disputes, including:

• Environmental coverage litigation
• Environmental coverage procurement and policy negotiation
• Environmental risk mitigation policy procurement and policy negotiation
• Directors & officers liability coverage disputes
• CGL coverage disputes, including construction defect coverage disputes
• Business interruption coverage disputes
• Advertising injury coverage disputes, including technology-related coverage issues
• ERISA and disability claims coverage disputes
• Primary/excess liability coverage disputes
• Property & casualty liability policy disputes, including mold coverage issues
• Shortfall damages litigation and broker negligence
• Bad faith litigation
• Automobile policy coverage disputes

Attorneys focused on this area:

• Etcheverry, Raymond J.
• Tundermann, David W.
• Roche, Kent O.
• Miller, Maxwell, A.
• Hindert, Daniel W.
• Pos, Hal J.
• Bailey, J. Michael
• Dykes, Mark W.
• Christiansen, Erik A.
• Blanch, James T.
• Schmutz, Christina Jepson
• Reyes, Sean D.
• Olsen, Karl Y.
• Hall, David R.

Parsons Behle & Latimer’s insurance coverage lawyers not only have a broad base of experience in litigating coverage matters, but they also have the requisite knowledge and understanding of the underlying substantive areas, which impact and often determine the overlaying defense and indemnity issues involved in complex coverage matters.

Media and First Amendment Litigation

In First Amendment and libel defense litigation, Parsons Behle & Latimer’s media lawyers have advised and defended clients in all media. Representation includes:

• Pre-publication review to post-publication retraction disputes
• Defense of libel suits
• Resisting subpoenas
• Gaining access to judicial proceedings and government records

Attorneys focused on this area:

• Dryer, Randy L.
• Blanch, James T.
• Reyes, Sean D.
• Bell, Scott D.
• Farrell, Nicole G.

Real Estate Litigation

Parsons Behle & Latimer’s real estate litigation practice encompasses a wide range of litigation, including title disputes, quiet title, easements and restrictive covenants, HOA dispute resolution, boundary disputes, wrongful liens, adverse possession, condemnation, partition zoning & land use planning, construction, government relations, foreclosure and landlord/tenant. Our real estate litigation attorneys are known for successfully and efficiently resolving unusually complex matters as well as more simple real estate disputes at both the trial and appellate level.

Attorneys focused on this area:

• Stevens, Lawrence E.
• Cassas, Frank
• Rencher, Ronald L.
• Wilson, John B.
• Doctorman, Gary E.
• Veasy, Paul D.
• Langton, Derek
• Goodenow, Rew R.
• Zody, Michael A.
• Blanch, James T.
• Scott, Laura S., chair
• Hillman, Shane D.
• Petrogeorge, Michael P.
• Ball, John P.
• Mark, Brandon J.
• Bell, Scott S.
• Farrell, Nicole G.
• Rosander, Brian P.
• Lewis, Katherine N.
• Winzeler, Zack L.

Tax Litigation

Our tax attorneys, many with regulatory background, have litigated hundreds of tax cases including litigation in the United States Tax Court, United States District Court, United States Court of Claims and Federal Appellate Courts. They have also tried cases before boards of equalization, the Utah State Tax Commission, Utah district courts and state appellate courts.

Attorneys focused on this area:

• Grimshaw, Randy M.
• Barusch, Lawrence R.
• Alderman, Kent B.
• Miller, Maxwell A., chair
• Leigh, Lawrence J.
• Cook, Matthew D.

Title Insurance Litigation

Parsons Behle & Latimer’s title insurance litigation attorneys represent title insurance companies and their insured parties in claims litigation, bankruptcy and creditors’ rights issues, defense of first-party and third-party actions and curative work.

Attorneys focused on this area:

• Wilson, John B.
• Scott, Laura S.

White Collar Criminal Defense

Corporate criminal defense lawyers work with clients in an era of increasing white collar criminal liability risk. Our corporate criminal defense attorneys defend clients against allegations of wrongdoing from grand juries through trial and appeal. Matters handled by the group include alleged criminal violations of the Clean Water Act, Clean Air Act, False Claims Act, mortgage fraud, bankruptcy fraud, federal and state tax fraud, anti-trust, environmental, bank fraud, Medicare fraud, and others.

These experienced corporate criminal defense lawyers, several of whom have prior prosecution experience at the federal and state level, assist clients with preventative programs by:

• Reviewing, developing and implementing effective compliance programs that detect and prevent legal violations
• Conducting internal investigations on behalf of boards of directors and special board management committees
• Assisting with management claims, litigation and other risks

Attorneys focused on this area:

• Wikstrom, Francis M.
• Leigh, Lawrence J.
• Austin, Spencer E.
• Baker, Brent R.
• Glenn, Patricia Parkinson

Contact our litigation group to schedule a consultation about your specific litigation or dispute resolution needs.

*CV, BV, and AV are registered 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 confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell ratings fall into two categories—legal ability and general ethical standards.