David L. Mortensen

David L. Mortensen

Partner
Salt Lake City, UT
Overview

About David

David Mortensen is a partner engaging in complex business litigation with an emphasis in intellectual property, antitrust, securities and real property matters. He has represented individual and business clients in appellate and trial disputes involving the protection of intellectual property, including copyrights, patents, trademarks, trade dress and trade secrets. David has also represented businesses and individuals in securities and antitrust disputes raising a variety of issues including the transfer of restricted stock, stock price manipulation, regulatory investigations and violations of the Sherman and Clayton Acts. His commercial litigation experience in other substantive areas includes business tort, bankruptcy, environmental contamination, federal Indian law and products liability.

Prior to joining Stoel Rives, David was a Judicial Clerk (1998-1999) for the Honorable Stephen S. Trott, Circuit Court Judge for the United States Court of Appeals for the Ninth Circuit.

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Experience

Experience

  • SunCrest, L.L.C. v. Micron Technology, Inc. (3rd D. Utah) – Represented one of the world’s largest semiconductor companies in breach of contract and business tort litigation. The case settled on extremely favorable terms following successful completion of discovery and extensive motion practice.
  • Gold Cross Ambulance Services, Inc. v. West Valley City (3rd D. Utah) – Represented second largest city in Utah in constitutional challenge to amendments to the Utah Emergency Medical Services System Act brought by private ambulance provider. Obtained a directed verdict in favor of client after nine-day trial.
  • GE Capital Financial Inc. v. Sky King, Inc. (D. Utah and AAA Arbitration) – Represented a commercial lender in litigation with a charter airline company, which counterclaimed for business interruption. Obtained summary judgment in federal court and an arbitration award for the full amount of client’s claims plus attorneys’ fees.
  • SliceX, Inc. v. Aeroflex Colorado Springs, Inc. (D. Utah) – Represented a worldwide provider of microelectronic test and measurement products in a breach of contract and business tort case. Obtained summary judgment on three of the plaintiff’s five claims before trial and obtained a judgment in favor of the client on the remaining claims after trial.
  • PacifiCorp v. Mobil Oil Corporation (D. Utah and Navajo Sup. Ct.) – Represented public utility in litigation involving breach of contract. Obtained a decision in favor of client from the Navajo District Court and the Navajo Supreme Court. Thereafter, the case settled on favorable terms.
  • Overstock.com, Inc. v. SmartBargains, Inc. (3rd D. Utah) – Represented internet retailer in litigation involving statutory and common law business tort claims. Obtained summary judgment in favor of client and successfully defended the decision on appeal.
  • In the Matter of the Proposed Termination of Beehive Science & Technology Academy’s Charter (Utah Charter School Board) – Represented a charter school in an administrative hearing before the Utah Charter School Board. Following a two-day hearing, obtained a decision in favor of client.
  • Bird v. Pier 49 Pizza, Inc. (In re H.R. Enterprises) (Bankr. Utah) – Represented a pizza franchising company in fraudulent transfer bankruptcy litigation. Obtained a favorable verdict after a seven-day trial.
  • SUWA v. Wasatch Oil & Gas, LLC (D. Utah) – Represented natural gas company in litigation brought to enjoin re-drilling of a natural gas well on public lands. Case was resolved after successfully obtaining decisions denying motions for temporary restraining order and preliminary injunction.
  • First Mirage, Inc. v. Health Sciences Group, Inc. (D. Oregon) – Represented investment firm in action involving contested transfer of restricted stock and claims for stock price manipulation. Case settled on favorable terms after we obtained favorable summary judgment rulings.
  • EnviroTech v. Thomas Pump & Machinery, Inc. (D. Utah) – Represented industrial pump manufacturer and distributor in patent litigation. Obtained favorable settlement after successful pretrial motions.
  • Fieldstone Mortgage Company v. Attorneys’ Title Guaranty Fund (3rd D. Utah) – Represented a residential lender in cases involving breach of contract, fraud and other business tort claims. Obtained successful settlement including recovery of amounts owed to lender.
  • Iomed, Inc. v. Cermatec, Inc. (3rd D. Utah) – Represented research and development company in defense of business tort claims including misappropriation of trade secrets relating to medical device. Obtained a favorable settlement.
  • Sierra Stone v. Commercial Lending Group (D. Texas) – Represented stone engraving company in defense of business tort claims including misappropriation of trade secrets. Obtained a favorable settlement.
  • Sport Court International, Inc. v. Swiss Flex North America, L.L.C. (D. Utah) – Represented sport court manufacturer in a trademark dispute. Obtained a favorable settlement.
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Honors

Honors & Activities

  • Listed in Mountain States Super Lawyers® (Business Litigation, Intellectual Property Litigation), 2012-2018
  • Listed among Rising Stars, Mountain States Super Lawyers®, 2011
  • Selected as one of “America’s Leading Lawyers for Business” (Utah) by Chambers USA (Litigation: General Commercial), 2017-2018
  • Listed in Utah Business Legal Elite (Civil Litigation), 2006, 2010-present
  • A.H. Christensen Award for Excellence in Advocacy
  • Federal Bar Association, Utah Chapter Board of Trustees, 2012-present
  • Government Law Section, Utah State Bar, Chair, 2008-2012; Secretary, 2006-2007
  • J. Reuben Clark Law Society, Chair, Young Lawyers Committee, 2002-2004; Chair, Membership Committee, 2005-2009; Liaison to the University of Utah Student Chapter, 2009-2010
  • Young Lawyers Division, Utah State Bar, Vice Chair, Bar Journal Committee, 2002-2003
  • Member, Litigation Section, American Bar Association, 2005-present
  • Member, Davis County Bar Association, 2005-present
  • Alumni Board, Brigham Young University J. Reuben Clark Law School, President-Elect, 2013; Chair of Events Committee, 2010-2011; Chair of CLE Committee, 2009-2010; Member, 2002-present
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Insights & Presentations

Insights & Presentations

  • “New Year, New Rules: Making Sense of Utah’s New Rules of Civil Procedure,” Salt Lake City, Utah, Feb. 2, 2012
  • “Legal Trends for Charter Schools,” Salt Lake City, Utah, Nov. 4, 2010
  • “ License Litigation and Trends in Judicial Enforcement,” Brigham Young University Law School, Provo, Utah, March 21, 2007
  • “Shoplifters Will Be Prosecuted: Preventing Theft of Your Intellectual Property,” Stoel Rives LLP, Salt Lake City, Utah, Feb. 21, 2007
  • “Use of Depositions in Trial,” Stoel Rives LLP, Salt Lake City, Utah, Aug. 2, 2006
  • “In re Young: A Correct but Unnecessary Constitutional Decision,” BYU Law Review 647, 1998



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