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Lawyer Profile

Image of Jonathan O. Hafen

Jonathan O. Hafen

Parr Brown Gee & Loveless
  • Recognized Since:
    2010
  • Recognized in:
    Bet-the-Company Litigation
    Commercial Litigation...
  • Law School:
    Brigham Young University
  • Website:
    http://www.parrbrown.com
  • Firm's Phone Number:
    (801) 532.7840
  • Languages:
    German
  • Location:
    101 South 200 East, Suite 700
    Salt Lake City, UT 84111
  • LinkedIn

Jonathan Hafen has extensive experience representing clients in federal and state courts.  He has been widely praised by clients and peers for his skilled and efficient approach to litigation.  As a trial lawyer, Mr. Hafen handles a wide variety of litigation, including cases in the areas of securities law, employment law, breach of contract, land disputes, road disputes, intellectual property, disputes over ownership and control of businesses, class actions, and construction law. 

Mr. Hafen’s clients have enjoyed significant successes both at trial and in negotiated settlements.  Recent trial victories include a jury award of $2.3 million for defamation and tortious interference, an arbitration award dismissing a senior employee’s multi-million claim for breach of contract, a bench trial judgment in excess of $600,000 in a breach of contract action, and an award following a bench trial that a disputed road leading to a 10,000 acre ranch in the Uinta Mountains is public.  Settlements include a $15 million recovery in a securities fraud action, a $2 million mediated settlement in an accounting malpractice action, a $2 million mediated settlement in a product liability case, and a $500,000 recovery for breach of a non-solicitation contract.  Mr. Hafen has successfully defended companies facing claims for securities fraud, breach of contract, employment discrimination, usurping corporate opportunities, and shareholder oppression.

Mr. Hafen has represented major national corporations, including Walgreens, Lloyds of London, eCollege.com, and Merrill Lynch, as well as some of Utah’s leading companies, including StoresOnline, Merit Medical, Franklin Covey, Mountain West Telecom, InsideOut Consulting, ListMarketer Software, Hearts for Hospice and Datamark.  Other representative clients include Eleutian Technology, Technology Integration Group, and Star Buffet.

Mr. Hafen has also defended a number of prestigious Utah law firms and lawyers facing claims for legal malpractice.  Mr. Hafen’s clients have enjoyed significant success in such matters.  References are available upon request.

In addition to acting as an advocate, Mr. Hafen is available as a mediator.  In that capacity, he favors an activist approach, which includes assisting parties in recognizing the potential weaknesses of their claims and defenses.  Mr. Hafen employs strategic negotiation involving more than merely carrying offers from one party to another.  Mr. Hafen is also available to serve as an arbitrator for parties seeking to retain a private judge.

With years of experience dealing with companies facing claims of mismanagement and fraud, Mr. Hafen is qualified to serve as a private or Court-appointed Receiver in cases where a company has been compromised by actual or alleged misconduct of its owners or executives.  He is available to conduct independent investigations of allegations of misconduct raised by shareholders of companies or members of limited liability companies.

Mr. Hafen is heavily involved in work for charitable organizations, and currently serves as Chairman of the Board of Tuacahn Center for the Arts and for Tuacahn High School for the Performing Arts, which is one of Utah’s first and most successful charter schools.  He supports numerous professional organizations, holding leadership positions with the Federal Bar Association, the Utah State Bar Litigation Section, BYU Alumni Association, BYU Law School Alumni Association, and the J. Reuben Clark Law Society.  He has served for a number of years on the Utah Supreme Court Advisory Committee on the Rules of Civil Procedure.

Mr. Hafen has published and lectured widely on a variety of topics, including investment fraud, antitrust law, professionalism and civility, legal ethics, employment law, securities law compliance, and litigation strategy.  He has authored or co-authored articles appearing in The Harvard International Law Journal, St. John’s Law Review, The Boston University Public Interest Law Journal, The BYU Law Review, George Mason Law Review, and the Notre Dame Journal of Law, Ethics, and Public Policy.

Publications & Speaking Engagements:
  • How Leading Lawyers Think: Case Evaluation and Strategy
    Fall Forum, November 15, 2013
  • To Avoid Getting Hit By The Litigation Bus: Stop, Look, and Listen, July 8, 2013
  • Five Underused Rules of Evidence, Southern Utah Federal Law Symposium,
    May 10, 2013
  • Indemnification Clauses: California, New York, and Beyond, Corporate Counsel Section, Utah State Bar, May 8, 2013
  • Federal and State Roles in Enforcing Securities Laws,
    Southern Utah Federal Law Symposium, May 4, 2012
  • Best Practices Under Utah’s Revised Rules of Civil Procedure,
    Weber County Bar Association, February 24, 2012
  • Avoiding Traps for the Unwary: Utah’s New Discovery Rules
    Davis County Bar Association, December 7, 2011
  • Because It’s There: Public Roads Created by Use,
    The Utah Land Use Conference, October 12, 2011
  • Effective Advocacy: A Recipe for Success
    BYU Education Week, August 18, 2011
  • The Effective Advocate
    Southern Utah Federal Law Symposium, May 13, 2011
  • Upcoming Changes to the Utah Rules of Civil Procedure
    Weber County Bar Association, February 25, 2011
  • Trial Academy: Deposition Boot Camp
    Utah State Bar Fall Forum, November 2010
  • Legal Ethics for Trial Lawyers
    BYU Education Week, August 2010
  • Opening Statements and Closing Arguments, “Starting Smart and Finishing Strong"
    Utah State Bar Annual Meeting, July 2010
  • National Leadership Training, Federal Bar Association, Washington, D.C., 2008-2012
  • Advanced Legal Writing, Utah State Bar, December 2009
  • Protecting Yourself and Your Clients from Fraud – Remedies and Resources in Utah
    Fall Forum, November 2009
  • How to Find and Select an Expert Witness
    Fall Forum, November 2009
  • Litigation Lessons Learned from My Mentors
    Utah State Bar, March 2009
  • Fall Forum Trial Academy, November 2008
  • Mediation Gone Wild
    Utah State Bar September 2008
  • Employer may prorate bonus during FMLA leave
    HR Magazine, December 2006
  • ADA Mental Illness Claims Increase in the Workplace
    The Corporate Counselor, October 2006
  • Making Reasonable Accommodations for Employees With Mental Illness Under the ADA
    Employee Benefits Plan Review, September 2006
  • ADA Protection for Employees with Mental Illness
    Best Practices in HR, August 19, 2006
  • Naïve or Desperate? Investors continue to be swindled by investment schemes
    Financial Services Journal, February 2004
  • Panelist, ½ day CLE on expert testimony under applicable State and Federal Rules of Civil Procedure (2004)
  • Is It Too Good to Be True?: Three Perspectives on Investment Fraud in Utah
    Utah State Bar Annual Meeting, July 2003
  • The Law and Economics of Post Employment Covenants: A Unified Framework
    George Mason Law Review, 2003
  • The Race to Res Judicata — A Practical Look at the First to File Rule
    Utah Federal Bar Association Newsletter, October 2001
 
Litigation Videos:

  • Avoid Getting Hit By The Litigation Bus
  • Avoiding Arbitration Provisions
  • Playing the contract what-if game
 
PRACTICE AREAS
  • Commercial Litigation
  • Employment Litigation
  • Intellectual Property Litigation
  • Securities Litigation
  • Class Actions
  • Employment Law
Continue Reading
  • Lawyer Bio
  • Client Comments
  • Lawyer Practice Areas
  • Firm Details

Lawyer Bio

Jonathan Hafen has extensive experience representing clients in federal and state courts.  He has been widely praised by clients and peers for his skilled and efficient approach to litigation.  As a trial lawyer, Mr. Hafen handles a wide variety of litigation, including cases in the areas of securities law, employment law, breach of contract, land disputes, road disputes, intellectual property, disputes over ownership and control of businesses, class actions, and construction law. 

Mr. Hafen’s clients have enjoyed significant successes both at trial and in negotiated settlements.  Recent trial victories include a jury award of $2.3 million for defamation and tortious interference, an arbitration award dismissing a senior employee’s multi-million claim for breach of contract, a bench trial judgment in excess of $600,000 in a breach of contract action, and an award following a bench trial that a disputed road leading to a 10,000 acre ranch in the Uinta Mountains is public.  Settlements include a $15 million recovery in a securities fraud action, a $2 million mediated settlement in an accounting malpractice action, a $2 million mediated settlement in a product liability case, and a $500,000 recovery for breach of a non-solicitation contract.  Mr. Hafen has successfully defended companies facing claims for securities fraud, breach of contract, employment discrimination, usurping corporate opportunities, and shareholder oppression.

Mr. Hafen has represented major national corporations, including Walgreens, Lloyds of London, eCollege.com, and Merrill Lynch, as well as some of Utah’s leading companies, including StoresOnline, Merit Medical, Franklin Covey, Mountain West Telecom, InsideOut Consulting, ListMarketer Software, Hearts for Hospice and Datamark.  Other representative clients include Eleutian Technology, Technology Integration Group, and Star Buffet.

Mr. Hafen has also defended a number of prestigious Utah law firms and lawyers facing claims for legal malpractice.  Mr. Hafen’s clients have enjoyed significant success in such matters.  References are available upon request.

In addition to acting as an advocate, Mr. Hafen is available as a mediator.  In that capacity, he favors an activist approach, which includes assisting parties in recognizing the potential weaknesses of their claims and defenses.  Mr. Hafen employs strategic negotiation involving more than merely carrying offers from one party to another.  Mr. Hafen is also available to serve as an arbitrator for parties seeking to retain a private judge.

With years of experience dealing with companies facing claims of mismanagement and fraud, Mr. Hafen is qualified to serve as a private or Court-appointed Receiver in cases where a company has been compromised by actual or alleged misconduct of its owners or executives.  He is available to conduct independent investigations of allegations of misconduct raised by shareholders of companies or members of limited liability companies.

Mr. Hafen is heavily involved in work for charitable organizations, and currently serves as Chairman of the Board of Tuacahn Center for the Arts and for Tuacahn High School for the Performing Arts, which is one of Utah’s first and most successful charter schools.  He supports numerous professional organizations, holding leadership positions with the Federal Bar Association, the Utah State Bar Litigation Section, BYU Alumni Association, BYU Law School Alumni Association, and the J. Reuben Clark Law Society.  He has served for a number of years on the Utah Supreme Court Advisory Committee on the Rules of Civil Procedure.

Mr. Hafen has published and lectured widely on a variety of topics, including investment fraud, antitrust law, professionalism and civility, legal ethics, employment law, securities law compliance, and litigation strategy.  He has authored or co-authored articles appearing in The Harvard International Law Journal, St. John’s Law Review, The Boston University Public Interest Law Journal, The BYU Law Review, George Mason Law Review, and the Notre Dame Journal of Law, Ethics, and Public Policy.

Publications & Speaking Engagements:
  • How Leading Lawyers Think: Case Evaluation and Strategy
    Fall Forum, November 15, 2013
  • To Avoid Getting Hit By The Litigation Bus: Stop, Look, and Listen, July 8, 2013
  • Five Underused Rules of Evidence, Southern Utah Federal Law Symposium,
    May 10, 2013
  • Indemnification Clauses: California, New York, and Beyond, Corporate Counsel Section, Utah State Bar, May 8, 2013
  • Federal and State Roles in Enforcing Securities Laws,
    Southern Utah Federal Law Symposium, May 4, 2012
  • Best Practices Under Utah’s Revised Rules of Civil Procedure,
    Weber County Bar Association, February 24, 2012
  • Avoiding Traps for the Unwary: Utah’s New Discovery Rules
    Davis County Bar Association, December 7, 2011
  • Because It’s There: Public Roads Created by Use,
    The Utah Land Use Conference, October 12, 2011
  • Effective Advocacy: A Recipe for Success
    BYU Education Week, August 18, 2011
  • The Effective Advocate
    Southern Utah Federal Law Symposium, May 13, 2011
  • Upcoming Changes to the Utah Rules of Civil Procedure
    Weber County Bar Association, February 25, 2011
  • Trial Academy: Deposition Boot Camp
    Utah State Bar Fall Forum, November 2010
  • Legal Ethics for Trial Lawyers
    BYU Education Week, August 2010
  • Opening Statements and Closing Arguments, “Starting Smart and Finishing Strong"
    Utah State Bar Annual Meeting, July 2010
  • National Leadership Training, Federal Bar Association, Washington, D.C., 2008-2012
  • Advanced Legal Writing, Utah State Bar, December 2009
  • Protecting Yourself and Your Clients from Fraud – Remedies and Resources in Utah
    Fall Forum, November 2009
  • How to Find and Select an Expert Witness
    Fall Forum, November 2009
  • Litigation Lessons Learned from My Mentors
    Utah State Bar, March 2009
  • Fall Forum Trial Academy, November 2008
  • Mediation Gone Wild
    Utah State Bar September 2008
  • Employer may prorate bonus during FMLA leave
    HR Magazine, December 2006
  • ADA Mental Illness Claims Increase in the Workplace
    The Corporate Counselor, October 2006
  • Making Reasonable Accommodations for Employees With Mental Illness Under the ADA
    Employee Benefits Plan Review, September 2006
  • ADA Protection for Employees with Mental Illness
    Best Practices in HR, August 19, 2006
  • Naïve or Desperate? Investors continue to be swindled by investment schemes
    Financial Services Journal, February 2004
  • Panelist, ½ day CLE on expert testimony under applicable State and Federal Rules of Civil Procedure (2004)
  • Is It Too Good to Be True?: Three Perspectives on Investment Fraud in Utah
    Utah State Bar Annual Meeting, July 2003
  • The Law and Economics of Post Employment Covenants: A Unified Framework
    George Mason Law Review, 2003
  • The Race to Res Judicata — A Practical Look at the First to File Rule
    Utah Federal Bar Association Newsletter, October 2001
 
Litigation Videos:

  • Avoid Getting Hit By The Litigation Bus
  • Avoiding Arbitration Provisions
  • Playing the contract what-if game
 
PRACTICE AREAS
  • Commercial Litigation
  • Employment Litigation
  • Intellectual Property Litigation
  • Securities Litigation
  • Class Actions
  • Employment Law
  • Education
  • Bar Admissions
  • Affiliations
  • Award List
  • Clerkships
  • Lawyer of the Year Badge
  • Lawyer of the Year Badge
  • Lawyer of the Year Badge
  • Lawyer of the Year Badge

Education:

  • Brigham Young University , J.D., graduated 1991
  • Brigham Young University, BA, graduated 1988
  • Brigham Young University–Idaho, AA, graduated 1986

Bar Admissions:

  • Utah, Utah State Bar
  • Illinois, Illinois State Bar
  • Wyoming, Wyoming State Bar

Affiliations:

  • Board of Governors, Salt Lake Chamber of Commerce - Member
  • BYU Alumni Association - Board Member
  • BYU Law School Alumni Association - Board Member and Executive Committee
  • Federal Bar Association - National Vice President for the Tenth Circuit
  • Law & Economics Society - Board Member
  • Litigation Section, Utah State Bar - Former Chair and current Executive Committee Member
  • Supreme Court Advisory Committee on the Utah Rules of Civil Procedure - Chair
  • Tuacahn Center for the Arts - Chair
  • Utah State Bar Continuing Legal Education Committee - Chair
  • Utah State Bar Litigation - Executive Committee
  • Utah State Bar, Labor & Employment - Member
  • Board of Governors, Salt Lake Chamber of Commerce, International Committee - Chair
  • Federal Bar Association - National Vice President for the Tenth Circuit

Named "Lawyer of the Year" by Best Lawyers for:

  • Litigation - Labor and Employment, Salt Lake City (2021)
  • Labor Law - Union, Salt Lake City (2020)
  • Labor Law - Union, Salt Lake City (2018)
  • Employment Law - Individuals, Salt Lake City (2015)
 

Recognized in The Best Lawyers in America for work in:

  • Bet-the-Company Litigation
  • Commercial Litigation
  • Employment Law - Individuals
  • Employment Law - Management
  • Labor Law - Management
  • Labor Law - Union
  • Litigation - Labor and Employment
  • Litigation - Securities
 

Awards:

  • AV rating – the highest awarded by Martindale-Hubbell
  • Chambers USA – America’s Leading Business Lawyers
  • Benchmark Litigation
  • Utah Business magazine Utah's Legal Elite
  • Best Lawyers in America “Lawyer of the Year”
  • Mountain States Super Lawyers "Top 75"
  • Super Lawyers Magazine "Top 10"
  • Best Lawyers in America

Federal Clerkships:

  • United States Court of Appeals
 

Lawyer Client Comments

Lawyer Practice Areas

Key: Awarded in Best Lawyers Not Currently Awarded for this Area in Best Lawyers

Firm Details

Image for Parr Brown Gee & Loveless View Firm Profile
Parr Brown Gee & Loveless
http://www.parrbrown.com
 
Headquarters
101 South 200 East, Suite 700
Salt Lake City, UT 84111
(801) 532.7840
 
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