Peggy A. Tomsic
Partner
For more than 25 years, Peggy Tomsic has successfully represented defendants and plaintiffs in trials and appeals involving business litigation in federal and state courts in the Intermountain West, in California, and on the East Coast. Her business litigation practice includes trade dress, trademark, and patent infringement; breach of contract; breach of fiduciary duty; common law fraud; securities fraud; and eminent domain. She also has extensive experience representing clients in mediation, arbitration, and grand jury proceedings. In 2008, Peggy expanded her practice to include serving as a mediator and arbitrator. Peggy was awarded an AV rating by Martindale-Hubbell (TM) in 1994. She was recognized by her peers from 2006-2009 as one of the Legal Elite in Utah; was recognized in 2007, 2008, and 2009 in Super Lawyers (TM) as one of the Top Attorneys in Business Litigation; and was listed in 2008-2009 in Marquis Who's Who in America. Peggy was born in Price, Utah and grew up in Moab, Utah. Peggy has been named in Super Lawyers (TM) magazine as one of the top attorneys for 2007-2009 in the Mountain States region.
Areas of Practice
- Arbitration
- Mediation
- Deceptive Trade Practices
- RICO Act
- Unfair Competition
- Contract Litigation
- Eminent Domain
- Construction Contract Litigation
- Copyright Litigation
- Intellectual Property Litigation
- Patent Litigation
- Trade Dress Litigation
- Trade Secret Litigation
- Trademark Litigation
- Complex Litigation
- Federal Appellate Practice
- Federal Trial Practice
- Multidistrict Litigation
- State Appellate Practice
- State Trial Practice
- Condemnation
- Securities Fraud & Insider Trading
Litigation Percentage
- 100% of Practice Devoted to Litigation
Bar Admissions
- Utah, 1982
- U.S. District Court District of Utah
- U.S. District Court Southern District of New York
- U.S. Court of Appeals 2nd Circuit
- U.S. Court of Appeals 10th Circuit
- U.S. Court of Appeals 9th Circuit
Education
- University of Utah College of Law, Salt Lake City, Utah
- J.D.
- Honors: Order of Coif
- Law Review: University of Utah Law Review, Editor-in-Chief, 1980 - 1982
- University of Utah, Salt Lake City, Utah
- B.A. (Cum Laude)
- Major: English
Representative Cases
- USA Power, LLC, et al. v. PacifiCorp, et al., 2010 UT 31 (Utah 2010)
- Dummar v. Lumis, 543 F.3d 614 (10th Cir. 2008)
- Natural Organics, Inc. v. Nutraceutical Corp., 271 Fed. Appx. 89 (2d Cir. 2008)
- McCowin v. Salt Lake City Corp., 176 P.3d 492 (Utah Ct. App. 2008)
- Committee on the Conduct of Attorneys v. Oliver, 510 F.3d 1219 (10th Cir. 2007)
- Kilpatrick v. Wiley, Rein & Fielding, 37 P.3d 1130 (Utah 2001)
- American Cyanamid Co. v. Nutraceutical Corp., 54 F. Supp. 2d 379 (D.N.J. 1999)
Representative Clients
- Dietary Supplement Industry
Classes/Seminars
- Trial Advocacy, University of Utah Law School, 2001 - 2008
Professional Associations and Memberships
- Salt Lake Chamber of Commerce, Member, 2008 - Present
Past Employment Positions
- Berman, Tomsic & Savage, Managing Partner, 1983 - 2005
- Tomsic & Peck, Founding Member, 2005 - 2009
Pro Bono Activities
- United States District Court for the District of Utah Disciplinary Committee, 1997 - 2007
