Overview

About Elijah

Elijah is a trial attorney, handling complex business litigation in both state and federal courts. He regularly represents companies in consumer and unlawful trade practices actions, intellectual property disputes, products liability matters (with an emphasis on drug and medical device litigation), commercial contract disputes, and real property issues. He routinely defends loan servicers in mortgage-related litigation. Elijah has appeared in state and federal courts across the country, including Idaho, Illinois, California, Utah, Texas, Florida, Kentucky and Wyoming. Clients point out that “Elijah has presence before a jury” and call him “guilelessly engaging” before the court, according to Chambers USA. He works with public and privately held businesses in several industries, including insurance, technology, healthcare, agriculture, construction, manufacturing, consumer products and financial services.

In addition to his extensive commercial client work, Elijah regularly provides pro bono counseling to domestic violence victims, political asylees, endangered children and incarcerated persons. Prior to moving back home to his native Idaho, Elijah practiced at Latham & Watkins, LLP in Chicago.

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Experience

Experience

Intellectual Property

  • Secured favorable jury verdict in federal court on behalf of renowned golf course in week-long jury trial involving trademark claims under the Lanham Act, including trademark infringement, unfair competition, trademark dilution, cybersquatting, and various state law claims.
  • Represented international telematics corporation during two week-long arbitrations in Texas and Utah against its competitor for breach of contract and misappropriation of trade secret claims. 
  • Represent large conference event management software company with claims in copyright infringement, trade mark misappropriation, non-compete, and causes of action arising under the Federal Defendant Trade Secrets Act in the District of Utah against former owners, operators, and employees. 
  • Represent waterworks and wastewater inspection and repair company in claims arising under the Idaho Trade Secrets Act and various business torts.
  • Represented Fortune 500 insurance company with favorable results in misappropriation of trade secrets and non-compete case involving former agents.

Healthcare, Pharmaceuticals and Medical Devices

  • Defending orthopedic implant manufacturer against unfair competition claims in Florida state court.
  • Represent Fortune 50 pharmaceuticals manufacturer on Idaho claims arising from type 2 diabetes medications in multi-district litigation venued in the Easter District of Kentucky.
  • Defended Fortune 50 medical device manufacturer in products liability case involving hip implant in multi-district litigation venued in the Northern District of Texas.
  • Represented Fortune 50 medical device manufacturer in non-compete action involving device sales representatives. The case was favorably settled.
  • Obtained favorable resolution on behalf of manufacturer of allegedly defective spinal surgery screws in both state and federal court.
  • Represented manufacturer of allegedly defective intramedullary rod, screws, and nails used in femur surgery in state court action. The case was dismissed with prejudice.
  • Court-appointed counsel representing plaintiffs in forty-year old class action against the State of Idaho and its contract medical provider arising from various medical and mental health care constitutional violations.
  • Representing hospital in action involving millions of dollars in underpaid medical bills incurred by state corrections contractor. 

Financial Services

  • Successfully negotiated on behalf of financial advisor defending against ERISA claims before the Department of Labor.
  • Represented loan servicer at trial and in front of the Idaho Supreme Court involving wrongful foreclosure action and alleged emotional distress claims. Case dismissed with prejudice.
  • Represent loan servicer against claims arising under the Idaho Consumer Protection Act and the National Mortgage Settlement in Idaho state court.
  • Successfully represented loan servicer in state quite title and conversion actions—case dismissed with prejudice. 

Construction and Manufacturing

  • Defended modular building manufacturer against warranty claims brought by fish hatchery in week long jury trial—full defense verdict. 
  • Defended Las Vegas surety in litigation involving a multi-million dollar housing project on tribal lands.
  • Obtained favorable settlement on behalf of California-based tactical outdoor clothing and equipment company regarding complex contract disputes arising from defective products designed for first responders.
  • Defended Silicon Valley green tech building supplier against various state-based defect and warranty claims—case settled on favorable terms through mediation.
  • Representing manufacturer of agricultural commercial freezer against multi-million dollar breach of contract claims in federal court.
  • Defending reseller in the District of Idaho involving damages arising from allegedly defective pipe milled in the UAE. 

Commercial Litigation

  • Defending fire extinguisher and safety inspection company in breach of contract action involving fraudulent representations and warranties made during the business acquisition.  
  • Representing trucking company in indemnification action arising from damages sustained by an ultrasonic microscope allegedly while in transit.
  • Represented wood products manufacturer before the Board of Equalization and the Board of Tax Appeals concerning assessments of the company’s industrial site. The assessments were reduced by millions.
  • Defended water bottler in multi-party dispute over natural spring water rights and property redemption. The case was settled on favorable terms.
  • Represented a Utah-based manufacturer during litigation in the Northern District of Illinois involving millions of dollars in fitness equipment.
  • Represented ski resort, condominium association, and management company during all-day mediation with commercial tenant for remunerations with favorable results.
  • Representing condominium association in malpractice action against former counsel arising from a computer hack and fraudulent wire transfer instructions resulting in the loss of client funds.
  • Part of the trial team which secured a stipulated dismissal with prejudice for a South American mobile phone network provider in a multimillion-dollar action involving director and officer equity options.
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Honors

Honors & Activities

Professional Honors and Activities

  • Recognized by the Chief Judge of the Ninth Circuit Court of Appeals for service on the planning committee of the 2018 Ninth Circuit Corrections Summit
  • Selected as one of “America’s Leading Lawyers for Business” (Idaho) by Chambers USA (currently: Litigation: General Commercial), 2018-2019
  • Recipient, Idaho Business Review’s Accomplished Under 40, 2015
  • Member, American Inns of Court, 2014-2017
  • Recipient, Stoel Rives LLP Andrew Guy Pro Bono Award, 2018
  • Recipient, Stoel Rives LLP Pro Bono Recognition, 2014
  • Member, J. Reuben Clark Law Society, 2012-present
  • Member, Idaho State Bar, Litigation Section, 2012-present
  • Treasurer, Kickstand Board of Directors, 2012-2015
  • Recipient, Latham & Watkins LLP Pro Bono Challenge, 2010, 2011
  • Member, Illinois State Bar, Litigation Section, inactive
  • Charitable contribution of $25,000 donated to the Moffitt Cancer Center in recognition of pro bono services rendered to a non-profit South American housing developer

Civic Activities

  • Board of Directors, Federal Defenders of Idaho, Finance Committee, 2019
  • Idaho Working Group on State Prisoner Litigation, 2015-present
  • Precinct Committeeman, Precinct 1901, 2014-2017
  • Scoutmaster, Boy Scouts of America, 2013-2014
  • Staff Attorney, Land of Lincoln Legal Services, 2008-2009
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Insights & Presentations

Insights & Presentations

  • DRI Product Liability: Warnings, Instructions, and Recalls: Idaho co-author, 2019
  • Presenter, “Confidentiality Issues With Technology,” National Business Institute, Boise, Idaho, Oct. 16, 2017
  • Presenter, “We’ve Been Hacked! What Should We Have Done? What Should We Do?,” Zasio 2015 Information Governance Road Show, Boise, Idaho, Aug. 27, 2015; Salt Lake City, Utah, Sept. 16, 2015; Portland, Oregon, Nov. 11, 2015; Seattle, Washington, Nov. 12, 2015
  • Panelist, “How Not to Get Sued: IP, Products Liability, and Picking the Right Business Formation,” StartupTV, Boise, Idaho, April 2014
  • Moderator, “From Garage to Warehouse,” Kickstand, Boise, Idaho, June, 2013
  • “Enter the ‘B’ Corp.,” Idaho Business Review, Dec. 2012



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