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 15 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 three 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. In 2012, Mr. Magleby and Magleby & Greenwood 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. Most recently, 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.
In addition to his Best Lawyers ranking, Mr. Magleby has been ranked by numerous other attorney reviews. Mr. Magleby is A/V rated by Martindale Hubble, the highest rating available for an attorney. Mr. Magleby has been voted by his peers througout the state as one of Utah's "Legal Elite" on multiple occasions over the years, 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 from 2007 through 2012, 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, as one of the top 75 lawyers in all of Nevada, Utah, Montana, Idaho and Wyoming. Mr. Magleby has been listed as a leading lawyer in Utah in the 2010 through 2012 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.