Overview

About Marc

Marc is a business attorney and litigator who draws on his personal experience as a business owner to counsel clients on legal strategies appropriate to their needs and objectives. He has a practical understanding of the challenges businesses face in using their often limited legal budgets effectively, and he tailors his legal advice accordingly. Marc partners with his clients to assess and mitigate their legal risks across a wide variety of areas, including corporate governance, licensing, joint venture and strategic partnership agreements, intellectual property protection, and employment issues.

Marc has successfully represented emerging growth companies with only a handful of employees to Fortune 100 companies with operations around the globe in a wide variety of mediations, arbitrations, bench and jury trials as well as appeals. These disputes have included trademark, trade secret, non-compete and other employment issues, patent, licensing, contract, antitrust, shareholder control, fiduciary duty, real estate and land use, and mass tort issues. A representative list of his experience follows below.

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Experience

Experience

Trial and Appeals

  • Represented power company in essential facilities antitrust litigation. Obtained favorable verdict after month long jury trial which was affirmed on appeal.
  • Represented shipping services provider in breach of franchise agreement, RICO and fraud action. Obtained preliminary injunction and contempt order after extensive motion practice and two day trial.
  • Represented shipping services provider in breach of contract and business tort action. Settled case on eve of trial after extensive discovery and motion practice in multiple jurisdictions.
  • Represented nutritional beverage company in breach of contract and trade secrets action. Settled on favorable terms after obtaining preliminary injunction.
  • Defended baked goods producer in breach of contract action. Obtained defense verdict after three day trial.
  • Represented majority shareholders and managers in breach of contract, fiduciary duty and fraud action. Settled on favorable terms after defeating motion for preliminary injunction in one day trial.
  • Represented nutraceutical company in trademark infringement actions, enforced settlement agreement at trial court and on appeal.

Patent & Trade Secrets

  • Represented eyewear retainer manufacturer in patent litigation. Successfully invalidated all asserted claims in IPR, which was placed on appeal.
  • Represented patent owner and defendant to declaratory judgment action. Successfully obtained dismissal of the action in favor of a co-pending action in the U.S. District Court for the District of Utah. Settled underlying litigation on favorable terms.
  • Represented defendant accused of infringing a patent for an ionic air purifier. Obtained summary judgment for client of invalidity and non-infringement.
  • Represented defendant accused of infringing a patent for PBX telephone systems with voice-over IP technology. Successfully put the plaintiff’s patent in reexamination and thereafter settled matter on favorable terms.
  • Represented multiple defendants accused of infringing a patent for arrowheads. Successfully defended against a motion for a temporary restraining order, after which the case settled on favorable terms.
  • Represented defendant accused of various business torts and misappropriating trade secrets relating to medical devices. Settled on favorable terms.
  • Represented co-inventors of biometric smart card in protracted breach of contract, business torts and misappropriation of trade secrets actions. Case ultimately dismissed after extensive motion practice.

Trademark Litigation

  • Represent clients, including healthcare, medical device, software, nutraceutical and retail clothing companies, in defending, protecting and enforcing their trademarks rights before TTAB and various federal courts.

Covenants Not to Compete, Non-solicitation and Non-disclosure Agreements

  • Counsel clients concerning covenants not to compete, non-solicitation and non-disclosure agreements.
  • Enforced covenants not to compete and non-solicitation agreements on behalf of large medical staffing company against former employees and new employers.

Company Formation

  • Prepared charter and related foundational documents for multiple start-ups and emerging growth companies.

Environmental & Toxic Torts

  • Member of trial team representing fortune 500 company in toxic tort litigation including more than 100 plaintiffs.
  • Represented municipality in inverse condemnation claim arising from protection of endangered species under the E.S.A.
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Honors

Honors & Activities

Professional Honors & Activities

  • Listed in Mountain States Super Lawyers® (Business Litigation, Intellectual Property Litigation, General Litigation), 2011–2014, 2017–2018
  • Member, American Bar Association Litigation and Intellectual Property Sections
  • Member, Utah Bar Association Intellectual Property and Litigation Sections
  • Member, California Bar Association Litigation Section

Civic Activities

  • Member, Board of Directors, Alliance for a Better Utah
  • Former member, Board of Directors, Ronald McDonald House, Rocky Mountain Region
  • Former member, Board of Directors, The Living Planet Aquarium
  • Former member and president, St. John the Baptist Advisory School Board
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Insights & Presentations

Insights & Presentations

  • Co-Author, “Auditing Your Obligations: A Contract Law Primer,” Artisan Spirit Magazine, Spring 2020
  • Co-Presenter, “Knocking Out Knock-Offs—Protecting your Brand and IP from Infringers and Counterfeits,” Salt Lake City, Utah, Sept. 2018
  • Presenter, “Protecting Confidential Information and Trade Secrets,” Provo, Utah, March 2017
  • “Four Areas a Fast Growing Business Should Spend its Limited Legal Budget,” Legal Matters, The Enterprise newspaper, Aug. 2013
  • Co-Presenter, “Trial Techniques – Deposition Tactics,” Stoel Rives LLP, Salt Lake City, Utah, March 15, 2011
  • Co-Presenter, “Trial Techniques – Opening Statements,” Stoel Rives, Salt Lake City, Utah, June 24, 2010
  • Co-Presenter, “Trial Techniques Training - Persuasion, Strategy, Preparation, Organization,” Stoel Rives LLP, Dana Point, California, April 24, 2010
  • Presenter, “Shoplifters Will Be Prosecuted: Preventing Theft of Your Intellectual Property,” Stoel Rives LLP, Salt Lake City, Nov. 19, 2009
  • Co-Presenter, “The Ten Most Common Employment Law Mistakes,” Salt Lake City, Utah, June 20, 2007
  • Co-Presenter, “Protecting Your Bright Idea: Intellectual Property Protection,” Salt Lake City, Utah, May 24, 2007
  • Co-Presenter, “Getting it in Writing: Business Contracts and Agreements,” Salt Lake City, Utah, April 19, 2007
  • Co-Presenter, “Minimizing the Risk of Loss: Choosing a Corporate Structure,” Salt Lake City, Utah, March 22, 2007



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