PREVIOUS WORK

Corporate Real Estate Litigation

Corporate: Mergers & Acquisitions [return to top]

• Represented a software company in a sale valued at $75 million, including due diligence, negotiating and drafting of all substantive transaction documents, structuring of the transaction and consummation of the sale.
• Represented a health maintenance organization in a stock sale to a publicly traded company with a value in excess of $50 million. Representation included due diligence, negotiating and drafting all substantive documents, structuring of the transaction and consummation of the sale.
• Represented a software company in an acquisition for an undisclosed amount. Representation included handling, preparation, negotiation and drafting of all transaction documents; due diligence; and consummation of the acquisition.
• Represented the acquirer of a construction technology company in a leveraged buyout valued at approximately $10 million, including the drafting of all substantive documents, due diligence and structuring of the transaction.
• Represented a private equity-funded acquirer of behavioral care and residential treatment centers in an acquisition of a treatment facility for an undisclosed amount. We continue to represent this client in its acquisition activities.
• Represented the owner of a 1,000,000-plus square foot technology park with staged acquisition of existing park; staged financings; restructured planned unit development; multiple equity and debt restructures; lease negotiation, enforcement and workouts. Project value in excess of $100 million.

Corporate: Debt & Equity Financing

• Represented a software company in substantial equity financing transactions totalling more than $21 million, including negotiating terms of the financing, drafting of substantive documents and structuring of the transaction.
• Represented a restaurant chain in an equity financing with $16 million in staged funding, including due diligence, drafting of all substantive transaction documents and structuring of the deal.
• Represented a waste management company in a recapitalization of more than $25 million. Representation included due diligence, negotiating and drafting of all substantive transaction documents, structuring the recapitalization and consummation of the transaction.
• Represented a software company in an equity financing by a venture capital firm for an undisclosed amount. Representation included negotiation of terms of the financing, drafting of substantive documents and structuring of the transaction.
• Represented a technology center in a debt and equity financing by multiple investors and institutional lenders for an undisclosed amount, including due diligence, negotiation and drafting of all substantive transaction documents and structuring of the financing.
• Represented an owner of residential assisted living homes in debt and equity financing transactions totalling more than $12.5 million. Representation included drafting of all substantive documents, structuring the transaction and consummating the deal.
• Represented a hospital in debt and equity financing transactions valued in excess of $15 million, including negotiation of financing terms, drafting of all substantive documents and structuring the financing.
• Represented an e-commerce platform provider in an equity financing transaction for an undisclosed amount. Representation included due diligence, negotiation and drafting of all substantive documents, structuring the transaction and consummation of the financing.
• Represented a provider of electronic recording software and services in an equity financing transaction valued at over $10 million, including negotiation of terms, drafting of all substantive documents, structuring the financing, and consummating the deal.
• Represented a provider of handheld software solutions in an equity financing for an undisclosed amount. Representation included negotiation of terms of the financing, drafting of substantive documents, and structuring of the transaction.
• Represented a manufacturer and distributor of nutraceutical products in an equity financing transaction for an undisclosed amount, including due diligence, negotiation and drafting of all substantive transaction documents, and structuring of the financing.
• Represented a provider of services to homebuilders and buyers in an equity financing transaction valued at more than $6 million. Representation included negotiation of terms of the financing, drafting of substantive documents and structuring of the transaction.

Real Estate [return to top]

• Represented the owner of a 1,000,000-plus square foot technology park with staged acquisition of existing park; staged financings; restructured planned unit development; multiple equity and debt restructures; lease negotiation, enforcement and workouts. Project value in excess of $100 million.
• Represented the purchaser and developer of a 200-plus acre residential development with acquisition of property, entitlements, development agreements, CC&Rs, bank finance, acquisition of water rights and other development activities including organization and representation of homeowners' association.
• Represented the developer of a 42 unit condominium project with its equity structure and the organization of a homeowners' association, including bylaws and CC&Rs and FNMA loan qualification. Project value in excess of $7.5 million.
• Represented the developer of a 1200 acre mixed-use planned unit development, including land acquisition, water rights acquisition, permitting and entitlements, development agreements, entity structure, and financing.
• Represented the developer of a 400 acre mixed-use golf course planned unit development with over 750 residential lots, including land acquisition, federal, state, and local permitting, development agreements, entity structure, tax planning, and all financing work.
• Represented the developers of an 80 acre multi-use residential and commercial project, including property acquisition, venture structure, entitlements and water matters.
• Represented the buyer and developer of a 27 plus acre mixed commercial and high density residential development.
• Represented the developer of a 10,000 acre planned residential unit development, including property acquisition, water rights acquisition, and entitlements.
• Represented a real estate investor/developer with properties in Utah, Idaho, Washington, Oregon and Arizona. Representation has included acquisition, divestitures, leasing and 1031 exchanges.
• Represented the developer/purchaser of 30 acres in connection with entitlement and development of high-end residential subdivision.
• Represented a developer/purchaser of high-end assisted living centers with property acquisition, organizational structure, debt and equity financing in excess of $20 million; sale leaseback transaction with REIT. Project value in excess of $30 million.
• Represented the developer of a 43-unit, luxury condominium project in connection with property acquisition, financing, zoning changes, owners' association documents, and CC&Rs. Project value in excess of $15 million.
• Represented the developer of a 10,000 acre planned residential unit development, including entitlements, water rights acquisition, CC&Rs, state rights of way and permits, and formation of owners association.
• Represented a developer in converting multiple warehouses into mixed use residential condominium units and retail store fronts in downtown Salt Lake City including property acquisition and creation of home owners' association and CC&Rs.
• Represented the owner/developer of a 3,300-plus acre property in connection with Utah Land Sale Practices Act compliance, structure of sales, and planning for future development.
• Represented a joint venture group involved in the construction and operation of care facilities for rehabilitation of patients released from hospitalization after joint replacement and similar surgeries. Representation includes real estate acquisition, venture structure, entitlements and leasing.
• Represented the purchaser of land for construction of a regional hospital. Representation included land acquisition, water rights acquisition, entitlements, HUD matters, CON matters, entity structure, private placement and bank financing.
• Represented the developer of a 500 acre regional commercial landfill serving the Wasatch front in Utah, including property rights acquisition, federal and tribal permitting, federal land leases, federal rights of way, and a $27 million equity and debt financing.
• Represented the buyer in an acquisition of theme-room hotels including financing and refinancing.

Litigation [return to top]

• Represented a major university in defending against tort and constitutional claims in state and federal court. Prevailed on motion to dismiss and motion for summary judgment.
• Represented the developer of a multi-million dollar Park City, Utah condominium development, defending against contract and negligence claims. Prevailed on motion to dismiss.
• Represented national steel fabricator, defending against contract claim. Obtained settlement dismissal during discovery phase of case.
• Represented taxpayer in defending against a multi-million dollar federal and state tax liens. Settled case with IRS and state government for cents on the dollar.
• Represented former employee in prosecuting employment discrimination claims. Favorably settled case after defeating employer's motion for summary judgment.
• Represented parents of deceased child in wrongful death matter, obtained half-million dollar settlement without commencement of legal action.
• Currently representing surviving spouse of deceased husband, prosecuting wrongful death and product liability claims against national drug company in multi-million dollar lawsuit.
• Currently representing company shareholders in multi-million dollar corporate dissolution lawsuit.
• Represented major university, defending against tort and constitutional claims, in state and federal court.
• Prevailed on motion to dismiss and motion for summary judgment.
• Represented the developer of a multi-million dollar Park City, Utah condominium development, defending against contract and negligence claims. Prevailed on Motion to Dismiss.
• Represented national steel fabricator, defending against contract claim and obtained settlement dismissal during discovery phase of case.
• Represented tax payer, defending against a multi-million dollar federal and state tax liens. Settled case with IRS and state government for cents on the dollar.
• Represented former employee, prosecuting employment discrimination claims. Favorably settled case after defeating employer’s motion for summary judgment.
• Represented parents of deceased child in wrongful death matter, obtained half-million dollar settlement without commencement of legal action.
• Currently representing surviving spouse of deceased husband, prosecuting wrongful death and duralgesic patch (fentanyl transdermal) product liability claims against national drug company in multi-million dollar lawsuit.
• Currently representing company shareholders in multi-million dollar corporate dissolution lawsuit.
• Represented one of the largest HVAC contractors in the Western United States in successful defense of ADA claim, resulting in significant pro-employer legal precedent.
• Represented heir in successful prosecution of claims to multimillion dollar estate.
• Represented minority shareholder as substitute counsel after loss at trial and obtained seven-figure settlement.
• Successful prosecution and defense in multiple trade secret, non-competition, and non-solicitation cases involving preliminary injunction and temporary restraining order hearings.
• Represented seatbelt manufacturer in successful defense of multimillion dollar product liability claim.
• Represented large health plan provider in successful defense of denial of benefit claims and ERISA claims.
• Represented various large employers in successful defense against sexual harassment claims.
• Represented various large home owners associations against owners’ claims.
• Represented pharmacists in successful defense against Fen Phen lawsuits.
• Represented real estate developer in successful defense of foreclosure action, preserving multimillion dollar equity in development.
• Represented multi-state electrical supply contractor and obtained successful trial verdict on payment bond claim.
• Represented major university and obtained favorable resolution after successfully defending claims by heirs.
• Represented homeowner and obtained arbitration award against builder after prosecuting construction defect claims.
• Represented shareholder in closely held corporation and obtained arbitration award after prosecuting claims for breach of fiduciary duties.
• Currently representing one the nation’s largest internet-based resellers in various legal actions.
• Represented healthcare insured and obtained favorable resolution of bad faith denial of coverage against state’s largest health care insurer.
• Represented real estate broker and obtained a jury trial verdict for disgorgement of commissions on million dollar property.
• Represented homeowner and obtained a trial verdict on construction defect claims.
• Represented commercial general contractor and obtained a trial verdict on contract dispute relating to a Park City restaurant.
• Represented patient and obtained a successful pre-litigation settlement on a medical malpractice case involving improper installation of pacemaker.
• Represented largest franchisee of one of the nation’s largest tax preparation services and prevailed in arbitration defending against wage claims.
• Represented client in alienation of affections case and prevailed on appeal while setting legal precedent for new application of statute of limitations.
• Represented multi-state pizza franchiser and successfully terminated franchisee while protecting intellectual property rights.
• Represented real estate developer and obtained favorable resolution in multi-million dollar development after mediation.
• Represented insured individually in excess liability claim and settled for pennies on the dollar.
• Represented creditor in Chapter 7 bankruptcy case and recovered multimillion dollar asset after contested hearing.
• Represented various licensed professionals (mortgage lenders, real estate brokers, doctors, etc...) and successfully defended against DOPL claims.
• Represented various subcontractors in multiple recoveries from the Utah Residential Lien Recovery Fund.
• Represented various homeowners in successful defense of claims via the Utah Residential Lien Restriction and Lien Recovery Fund Act.
• Represented largest HVAC contractor in the Western United States in successful defense against multimillion dollar claims.
• Represented software developer and obtained favorable settlement in domain name/cyber squatting dispute.
• Represented private lender and obtained pre-judgment writ of attachment on multimillion dollar loan default.
• Represented business owner and obtained favorable settlement in trademark infringement matter against major Asian automobile manufacturer.
• Represented international computer manufacturer in successfully defending against multi-million dollar (claimed damages of $250 million) claim brought by local distributor.
• Represented international, regional, and local companies in employment discrimination, non-competition, and wrongful termination suits throughout Utah and the United States.
• Represented national company in labor arbitration matters and in matters before the National Labor Relations Board.
• Represented insureds of national title insurance company with regard to ownership, priority of interest, and boundary disputes.