James E. Magleby
JAMES E. MAGLEBY practices in all areas of intellectual property and complex civil and commercial litigation. Mr. Magleby's litigation and trial experience includes trade secret, intellectual property, trademark and unfair competition, Lanham Act, trade dress, real property and real estate, construction, partnership and business dissolutions, commercial collections, securities, commercial and residential landlord-tenant disputes, and employment and labor disputes.
Mr. Magleby has been practicing for more than 20 years, and has obtained notable major verdicts and favorable rulings for clients in the courtroom and arbitration. For example, he represented Utah-based ClearOne Communications, Inc. in a two-and-a-half week jury trial, resulting in a verdict of approximately $10.5 million for theft of trade secrets and related claims. Shortly thereafter, he represented a number of parties in a complex business theft case, obtaining approximately $1.3 million in a bench verdict. Mr. Magleby represented a partner in La Caille Restaurant in a breach of partnership and fiduciary duty case, obtaining a $4.7 million unanimous verdict from a Salt Lake County jury. Mr. Magleby and Magleby & Greenwood, P.C. partner Christopher M. Von Maack, obtained a complete dismissal of over $27 million in claims against a client, in a confidential two week arbitration held New York City. Mr. Magleby was co-counsel with Magleby & Greenwood, P.C. partner Peggy A. Tomsic in a more than five-week jury trial, in which the firm won a unanimous verdict of over $133 million for the firm’s clients in a theft of trade secret, breach of Confidentiality Agreement, and breach of fiduciary duty case. Mr. Magleby secured settlement of $5 million for Utah-based ClearOne, Inc. against investment bank UBS Financial Services, Inc. after a two-week arbitration before a three-member panel, but before a decision.
Prior to forming Magleby & Greenwood, P.C., Mr. Magleby worked for a number of Utah’s premier law firms, including Burbidge & Mitchell; Jones Waldo Holbrook & McDonough; Berman, Tomsic & Savage, and Ballard Spahr.
Mr. Magleby is A/V rated by Martindale Hubble, the highest rating available for an attorney. Mr. Magleby has been consistently voted by his peers throughout the state as one of Utah's "Legal Elite" every year for more than a decade, as published in Utah Business Magazine. In 2003, Mr. Magleby was selected by Utah Business Magazine to appear in its first publication of the "40 Under 40," which profiled (in the words of the magazine's editors) the forty rising "stellar professionals under the age of forty."
Mr. Magleby was included on the list of Mountain States Super LawyersTM every year since 2007, an honor given to only the top 5% of attorneys practicing in the Mountain States. Mr. Magleby has been listed in the Mountain States Top 75 and Mountain States Top 100, as one of the top 75 or top 100 lawyers in all of Nevada, Utah, Montana, Idaho and Wyoming.
Mr. Magleby has been listed in Best Lawyers® in the area of Litigation-Real Estate, for several years running.
Mr. Magleby has been listed as a leading lawyer in Utah in the 2010 through 2015 editions of Chambers USA – America’s Leading Lawyers for Business, in the area of commercial litigation. (The Magleby & Greenwood, P.C. firm has been listed in Chambers USA – America’s Leading Lawyers for Business, as a top-tier law firm for Litigation: General Commercial, since 2011).
Mr. Magleby has published several articles, including Hospital Mergers and Antitrust Policy; Arguments Against a Modification of Current Antitrust Law, 21 Antitrust Bulletin 137 (1996), The Constitutionality of Utah's Medical Malpractice Damages Cap Under the Utah Constitution, 21 J. Contemporary Law 217 (1995), and The Recovery of Attorney Fees in Utah: A Procedural Primer for Practitioners, Utah Bar Journal, (Dec. 1996 - Jan. 1997). He also co-authored Justices of the Utah Supreme Court 1896-1996 (Quality Press 1997).
Mr. Magleby graduated with Honors from Swarthmore College (B.A. 1989) and the University of Utah Law School (J.D. 1995) where he was inducted into the Order of the Coif. He clerked for the Honorable Pamela T. Greenwood of the Utah Court of Appeals from September 1995 to September 1996.
Areas of Practice
- Complex Civil Litigation/Commercial Litigation
- Intellectual Property/Trade Secret Litigation
- Business Dissolutions/Securities Litigation
- Construction Litigation/Commercial Collections
- Utah, 1995
- U.S. District Court District of Utah, 1996
- U.S. Court of Appeals 10th Circuit, 2003
- U.S. Court of Appeals 11th Circuit, 1999
- U.S. Supreme Court, 2000
- University of Utah College of Law, Salt Lake City, Utah
- J.D. - 1995
- Honors: Order of the Coif
- Swarthmore College, Swarthmore, Pennsylvania
- B.A. - 1989
- Honors: With Honors
- Major: Political Science
- Hospital Mergers and Antitrust Policy, 21 Antitrust Bull. 137 (1996).
- The Constitutionality of Utah's Medical Malpractice Damages Cap, 21J. Contemp. L. 217 (1995).
- The Recovery of Attorney Fees in Utah, 23 J. Contemp. L. 379 (1997).
- Justices of the Utah Supreme Court, 1896-1996, co-author (1997).
- MP Nexlevel, LLC v. Codale Elec. Supply, Inc., et al., No. 2:08-cv-0727-CW, 2010 WL 1687985 (D. Utah 2010)
- ClearOne Communications, Inc. v. Chiang, 670 F. Supp. 2d 1248 (D. Utah 2009)
- Macris, et al. v. Sevea International, Inc., et al., No. CIV 070903010, Aug. 13, 2009 Order (Utah Dist. Ct. 2009)
- ClearOne Communications, Inc. v. Chiang, No. 2:07-cv-00037 TC, 2009 WL 1108800 (D. Utah 2009)
- ClearOne Communications, Inc. v. Chiang, 608 F. Supp. 2d 1270 (D. Utah 2009)
- MP Nexlevel, LLC v. Codale Elec. Supply, Inc. et al., No. CIV 08-273 MCA/CG, Aug. 4, 2008 Order (D.N.M. 2008)
- ClearOne Communications, Inc. v. Chiang, No. 2:07-cv-00037 TC, 2008 WL 704228 (D. Utah 2008)
- ClearOne Communications, Inc. v. Chiang, No. 2:07-cv-00037 TC, 2007 WL 3231524 (D. Utah 2007)
- Aurora Credit Servs., Inc. v. Liberty West Dev., Inc., 129 P.3d 287 (Utah Ct. App. 2006)
- Klein-Becker USA v. NDS Nutrition, No. 2:04cv00776 TC, Nov. 15, 2004 Order (D. Utah 2004)
- Zoller Labs., LLC v. NBTY, Inc., No. 03-4252, 2004 WL 2288152 (10th Cir. 2004)
- Covey v. Covey, 80 P.3d 553 (Utah Ct. App. 2003)
- Wesson v. Huntsman Corp., 206 F.3d 1150 (11th Cir. 2000)
- Fitz v. Synthes (USA), 990 P.2d 391 (Utah 1999)
- McCoy v. Blue Cross & Blue Shield of Utah, 980 P.2d 694 (Utah Ct. App. 1999)
- Rosenwinkel v. Bennett, No. 971521-CA, 1998 WL 1758347 (Utah Ct. App. Nov. 27, 1998)
Past Employment Positions
- Hon. Pamela T. Greenwood, Utah Court of Appeals, Law Clerk, 1995 - 1996