Matthew M. Durham

Experience

Matthew Durham is a partner of Stoel Rives' Litigation and Employment Law practice groups. He represents clients in state and federal courts and administrative agencies in matters relating to employment discrimination, harassment, wrongful termination, wage and hour, drug testing, leave, benefits and labor/occupational safety issues. He routinely advises clients on developing and implementing personnel policies and complying with state and federal employment laws. Matthew also represents clients in general civil litigation matters and has mediated employment disputes.

Prior to joining Stoel Rives, Matt was a law clerk for the Honorable Monroe G. McKay, U.S. Tenth Circuit Court of Appeals (1992-1993), and an associate at Van Cott, Bagley, Cornwall & McCarthy (1993-1998).

Representative Work

• Kepas v. eBay Inc. (10th Cir.): Obtained order from federal district court compelling arbitration in gender and age discrimination, harassment and retaliation case. Tenth Circuit affirmed district court's decision after arbitrator awarded summary judgment on all claims.
• Pumphrey v. LifeScan, Inc. (D. Utah): Claims of age and gender discrimination, sexual harassment and retaliation dismissed on summary judgment.
• Ellington v. Murray Energy Corp. (D. Utah): Won summary judgment on religious discrimination, failure to accommodate and retaliation claims.
• Dick v. Phone Directories Company, Inc. (D. Utah): Same-sex sexual harassment and retaliation claims dismissed on summary judgment.
• Jones v. Kodak Medical Assistance Plan (10th Cir.): Plan administrator who is also employee of company funding plan not necessarily under conflict of interest.
• Pierson v. Mrs. Fields Cookies, Inc. (D. Utah): Pregnancy discrimination claim dismissed on summary judgment because decision maker unaware of pregnancy.
• Aloia v. Eastman Kodak Co. (10th Cir.): Summary judgment against employee on racial discrimination, harassment, defamation and intentional infliction claims upheld by Tenth Circuit.
• Stien v. Marriott Ownership Resorts, Inc. (Utah Ct. App. 1996): Court of Appeals upheld district court's dismissal of invasion of privacy claims based upon video produced by employees and shown at company function.

Professional Honors & Activities

• Selected by Best Lawyers® as Salt Lake City Litigation-Labor & Employment Law Lawyer of the Year, 2013
• Listed in Best Lawyers in America® (currently: Employment Law-Management, Labor Law-Management, Litigation-Labor & Employment), 2009-2013
• Listed in the 2011 Utah Business "Legal Elite"
• Selected as one of "America's Leading Lawyers for Business" (Utah) by Chambers USA (currently: Labor & Employment), 2005-2013
• Listed in Mountain States Super Lawyers®, 2010
• AV Preeminent Peer Review Rated with Martindale-Hubbell®
• Member, Labor and Employment Section, Utah State Bar and American Bar Association
• Member, Litigation Section, Utah State Bar and American Bar Association

Presentations

• "What Every Employee Should Know About Discrimination and Harassment," West Jordan City, Utah, March 2013
• "The Evolving Landscape of Emerging Risk: What Are the 'Known Unknowns' and the 'Unknown Unknowns' in Your Business?", (Panelist on "Social Media in the Workplace" session), Enterprise Risk Management Symposium, Salt Lake City, Utah, February 2013
• "Managing the Use of Social Media In and Out of the Workplace," Utah Association of Certified Public Accountants, September, 2012
• "Employees with Medical Conditions, Managing the Overlap Under Workers Compensation, the ADA and the FMLA," Stoel Rives LLP, Dec. 2011
• "Managing the Use of Social Media in the Workplace," Stoel Rives LLP, June 2011
• "Essential Elements of Severance Agreements," Stoel Rives LLP, Mar. 2011
• "Ironclad Separation Agreements," Salt Lake Employers Council, Mar. 2011
• "Capturing Your Intellectual Property," Stoel Rives LLP, May 2009
• "Getting Your Foreign Affairs in Order: An Immigration Enforcement Update," Davis Conference Center, Layton, Utah, Jan. 27, 2009; Noah's, Lindon, Utah, Jan. 2009; Stoel Rives LLP, Sept. 2008  
• "What Utah Employers Must Know About California Employment Law," Stoel Rives LLP, Dec. 2008

Civic Activities

• President, The Road Home Board of Trustees (formerly Travelers Aid Society of Salt Lake City), 2005-2008
• Member, Salt Lake City Council Records Appeal Board, 1998-2002
• Vice President, University of Utah Young Alumni Board, 1998-2002

Education

• University of Utah, J.D., 1992
  Articles Editor, Utah Law Review 1991-1992
  Order of the Coif 
• University of Utah, B.A., 1989

 

Admissions

• Utah
• Utah state and federal courts
• U.S. Supreme Court

Print to Word