About Elijah

Elijah Watkins 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, commercial contract disputes, and real property issues. He routinely defends manufacturers in cases involving asbestosis, mesothelioma, and silicosis. Elijah has appeared in state and federal courts across the country, including Idaho, Illinois, California, Utah, Texas, Florida, Kentucky, and Wyoming. 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.

As stated by commercial litigation clients, “Elijah has presence before a jury” and is “guilelessly engaging” before the court.

He is a fabulous lawyer who is clever and wise.” (Chambers USA)         


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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.
  • Representation of 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. Obtained favorable settlement.
  • Representation of large conference event management software company with claims in copyright infringement, trademark misappropriation, non-compete, and causes of action arising under the Federal Defendant Trade Secrets Act against former owners, operators, and employees. Litigation is ongoing.
  • Representation of waterworks and wastewater inspection and repair company in claims arising under the Idaho Trade Secrets Act and various business torts. Won dismissal.
  • Representation of Fortune 500 insurance company with favorable results in misappropriation of trade secrets and non-compete case involving former agents.
  • Defense of Idaho Corporation in misappropriation action involving healthcare diagnostics algorithm brought by former E.U. partners. Secured full dismissal and damages, which required perfecting the Idaho District Court Judgment in Belgium.

Healthcare, Pharmaceuticals and Medical Devices

  • Defense of orthopedic implant manufacturer against unfair competition claims in Florida state court. Case dismissed.
  • Represent Fortune 50 pharmaceuticals manufacturer on Idaho claims arising from type 2 diabetes medications in multidistrict litigation venued in the Easter District of Kentucky.
  • Defense of Fortune 50 medical device manufacturer in products liability case involving hip implant in multidistrict litigation venued in the Northern District of Texas.
  • Representation of 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.
  • Representation of 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.
  • Representation of hospital in action involving millions of dollars in underpaid medical bills incurred by state corrections contractor.
  • Representation of urgent care facility in Texas state court against various business torts arising from representations made during a franchising arrangement.

Financial Services

  • Successfully negotiated on behalf of financial advisor defending against ERISA claims before the Department of Labor.
  • Representation of 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.
  • Representation of loan servicer in state quite title and conversion actions—case dismissed with prejudice.

Construction and Manufacturing

  • Ongoing representation of respirator manufacturer against multiple claims arising from alleged exposure to harmful particulates.
  • Defense of modular building manufacturer against warranty claims brought by fish hatchery in week-long jury trial—full defense verdict.
  • Defense of Las Vegas surety in litigation involving a multimillion-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.
  • Defense of Silicon Valley green tech building supplier against various state-based defect and warranty claims—case settled on favorable terms through mediation.
  • Representation of manufacturer of agricultural commercial freezer against multimillion-dollar breach of contract claims in federal court.
  • Defense of reseller in the District of Idaho involving damages arising from allegedly defective pipe milled in the UAE. Case dismissed with prejudice.
  • Representation of international roller coaster manufacture in multiple personal injury actions, including in Idaho, Missouri, and New Jersey, alleging defective design and failure to warn. Multiple cases dismissed with prejudice. Other litigation ongoing.

Commercial Litigation

  • Defense of fire extinguisher and safety inspection company in breach of contract action involving fraudulent representations and warranties made during the business acquisition.
  • Representation of trucking company in indemnification action arising from damages sustained by an ultrasonic microscope allegedly while in transit. Case dismissed with prejudice.
  • Representation of 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.
  • Defense of water bottler in multiparty dispute over natural spring water rights and property redemption. The case was settled on favorable terms.
  • Representation of a Utah-based manufacturer during litigation in the Northern District of Illinois involving millions of dollars in fitness equipment.
  • Representation of ski resort, condominium association, and management company during all-day mediation with commercial tenant for remunerations with favorable results.
  • Representation of 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 & 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 (Litigation: General Commercial), 2018–2023
  • Recipient, Leaders in Law award, Idaho Business Review, 2023
  • Recipient, Idaho Business Review’s Accomplished Under 40, 2015
  • Member, American Inns of Court, 2014–2017
  • Recipient, Fourth District Denise O’Donnell Day Pro Bono Award, 2020
  • 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
  • Board of Directors, Federal Defenders of Idaho, Selection Committee, 2020
  • Idaho Working Group on State Prisoner Litigation, 2015–2018
  • 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

  • Presenter, “Recreation & Risk — Lessons from Action Park and Elsewhere,” Perrin Conferences webinar, January 11, 2022
  • Co-author, “Impeachment, Diverse Trial Teams, and Overcoming White Noise,” The National Law Journal, April 30, 2021
  • DRI Product Liability: Warnings, Instructions, and Recalls: Idaho co-author, 2019
  • Presenter, “Confidentiality Issues With Technology,” National Business Institute, Boise, ID, October 16, 2017
  • Presenter, “We’ve Been Hacked! What Should We Have Done? What Should We Do?,” Zasio 2015 Information Governance Road Show, Boise, ID, August 27, 2015; Salt Lake City, UT, September 16, 2015; Portland, OR, November 11, 2015; Seattle, WA, November 12, 2015
  • Panelist, “How Not to Get Sued: IP, Products Liability, and Picking the Right Business Formation,” StartupTV, Boise, ID, April 2014
  • Moderator, “From Garage to Warehouse,” Kickstand, Boise, ID, June 2013
  • “Enter the ‘B’ Corp.,” Idaho Business Review, December 2012

Related News & Publications

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