James E. Magleby practices in all areas of intellectual property and complex civil and commercial litigation. 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.
Mr. Magleby also has extensive experience in seeking and resisting expedited relief, particularly in intellectual property, false-advertising and trade secret cases, including temporary restraining order (TRO) and preliminary injunction hearings.
Mr. Magleby has been practicing for more than 25 years, and has obtained notable major verdicts and favorable rulings for clients in the courtroom and arbitration, including the following:
- 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 & Greenwood 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.
- 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 will be augmented by millions of dollars in prejudgment interest and attorney fees.
- Obtaining dismissal on motions to dismiss or summary judgment of claims against firm clients.
- Over $100 million revovered through confidential settlements.
Prior to forming Magleby & Greenwood, P.C., the predecessor firm to Magleby Cataxinos & Greenwood, Mr. Magleby worked for a number of Utah’s premier law firms, including Burbidge & Mitchell; Jones Waldo Holbrook & McDonough; Berman, Tomsic & Savage, and Ballard Spahr.
Updated Sep 2022
