Attorney Profiles

James E. Magleby
Salt Lake City, Utah

Managing Partner
phone	866-928-7962 ()
fax	801-359-9011
email	Email Me
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JAMES E. MAGLEBY practices in all areas of intellectual property and complex civil and commercial litigation. Mr. Magleby's litigation experience includes trade secret, intellectual property, trademark and unfair competition, trade dress, real property, construction, partnership and business dissolutions, ERISA, commercial collections, securities, commercial and residential landlord-tenant disputes, employment and labor disputes, and product liability.

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).

Chambers USA - America's Leading Lawyers for Business, 2010 named Mr. Magleby as a leading lawyer in Utah.

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.

Mr. Magleby has been voted by his peers throughout the state as one of Utah's "Legal Elite" on multiple occasions over the years, as published in Utah Business Magazine. Mr. Magleby was included on the list of Mountain States Super Lawyers (TM) for 2007, 2008 and 2009, an honor given to only the top 5% of attorneys practicing in the Mountain States.

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."

Areas of Practice:: Complex Civil Litigation/Commercial Litigation; Intellectual Property/Trade Secret Litigation; Business Dissolutions/Securities Litigation; Construction Litigation/Commercial Collections

Bar Admissions:: 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

Education:: University of Utah College of Law, Salt Lake City, Utah, 1995
J.D.
Honors: Order of the Coif; Swarthmore College, Swarthmore, Pennsylvania, 1989
B.A.
Honors: With Honors
Major: Political Science

Published Works:: 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).

Representative Cases:: 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