COMMERCIAL LITIGATION

Sarah leads SpencerWillson's commercial litigation practice. Sarah's tenacity is shown by her 20-year track-record as a commercial litigator. When her clients need her, Sarah is there. It does not matter how long it takes or what obstacles might interfere with her goal to serve her clients' needs and win their cases while maintaining the highest standards of ethics and integrity.

For clients who are committed to their cause for the long-haul, Sarah is too. In numerous cases she has continued the fight for more than a decade. This includes Utah Transit Authority adv. Greyhound, a matter spanning 12 years and three appeals, and Feasel v. Tracker Marine which was litigated for more than 10 years and included two appeals. Sarah is fondly known among her peers, not as a "trial lawyer" but as a "summary judgment lawyer" who wins without trial.

Sarah is named as a "Best Lawyer" in the area of commercial litigation by Best Lawyers. For many years Sarah has been listed as a Mountain States “Super Lawyer” selected by her peers for her high-quality work litigating and defending civil disputes. She has also regularly been included in the peer-nominated “Utah Legal Elite” issued annually by Utah Business Magazine.

Sarah's appellate advocacy experience is the bedrock of her trial court success. Understanding how cases are decided on appeal gives Sarah a significant advantage when litigating against lawyers who focus only on trial court practice.

Jeff has three decades of experience in business matters, including extensive transactional experience. He knows how to help businesses and business people.

Jeffrey B. Teichert shares Sarah's tenacity and love for the law, and her commitment to her clients. Jeff's favorite cases are business fights where much is at stake (financially, emotionally, practically, etc.) and where the fighting could continue for years. Problem solving, creative thinking, and a cooperative mindset are a must. Jeff has all these critical attributes.

Representative Cases

Defended Startup Business From Series-Seed Financing Round Predatory Investor's Scorched Earth Litigation, Asserted Counterclaims and Third-Party Claims: Defended a startup company against breach of contract claims and demands for inspection of corporate records filed by a predatory investor; counterclaimed investor and its managers for breach of contract, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, civil conspiracy, and tortious interference with contract.
Law Firm Fee Lien Representation: Represented a law firm in asserting statutory attorney fee lien on non-paying client's intangible property, appeared in former client's bankruptcy proceeding, asserted lien claims and eventually won ownership of former client's causes of action after bankruptcy proceedings.
Law Firm Trademark and Trade Dress: Represented law firm in asserting trademark infringement claims relating to use of slogan in competitor's advertising.
Trade Secret Defense: Defended businesses against trade secret misappropriation and predatory hiring allegations.
Copyright infringement: Represented software developer in asserting copyright infringement claims against business partner in a broader fraud and partnership dissolution lawsuit.
Business Litigation: Litigated unauthorized loan agreements and pledges made by an unauthorized member over several years, including claims attacking validity of encumbrances on land under Utah Real Estate Code and security interests on personal property under the Utah Uniform Commercial Code.
Monopoly, anti-competitive acts, and anti-trust: Acted as co-counsel in major public-interest case involving the Salt Lake Tribune, representing a group of concerned citizens and former Tribune reporters known as "Citizens for Two Voices", in connection with suing to block the changes to the joint operating agreement between the Salt Lake Tribune and the Deseret News, arguing that it threatened the Tribune’s independence and viability as a distinct voice in Utah’s media landscape. The lawsuit contributed to the eventual settlement and long-term preservation of the Tribune as a Utah newspaper.
Fraudulent Transfer and Conspiracy: Sued a group of affiliated businesses for fraudulent transfer, alter ego, and successor liability claims related to a public auction and a post-judgment price-fixing conspiracy to steal land equity of judgment debtor. In separate cases pursued fraudulent transfer claims against relatives of judgment debtors who accepted assets in bad faith or as straw purchasers.
Successor liability: Defended businesses sued for successor liability.
Promissory Note Defense: Defended against promissory note and breach of contract claims while counterclaiming against unlawful real property transfers of land equitably owned by purchaser under installment land sales agreement. Sought summary judgment based on statute of limitation in Utah Uniform Commercial Code for demand notes.
Indemnification Contract Defense: Represented a transportation company in a case alleging breach of indemnification contract and failure to procure insurance.
Franchise Dispute Representation: Represented franchisees in legal disputes involving the validity of franchise disclosure documents for national franchises. Example cases include representing a print shop, a property management franchise, and a prop- and costume-focused photography booth franchise.
Securities Fraud Litigation: Handled securities fraud cases under state and Utah law, including claims of insider trading in a penny stock company.
Intentional Interference and Conspiracy Cases: Represented harmed parties in cases alleging intentional interference with contract, tortious interference with contract, civil conspiracy, aiding and abetting breach of fiduciary duty, and fraud.
Derivative claims: Represented businesses in challenging derivative shareholder claims brought by owners acting for personal motivations and not in business's best interests. Represented shareholders, members, and other owners in asserting derivative claims against business officers, directors, and managers for acts violating duties set forth in applicable statutes and company governance documents.
Enforcement of Equitable Promises: Advocated for clients enforcing equitable promises under theories of promissory estoppel, unjust enrichment, and reliance, asserting remedies of disgorgement of ill-gotten gains, constructive trust, rescission, equitable restitution, and specific performance.
Business Warranty Claims: Obtained summary judgment for a business against breach of warranty claims asserted under the Uniform Commercial Code, successfully upholding "battle of the forms" terms and conditions limiting period for asserting claims and barring recovery of consequential damages.
FTC Defense: Defended businesses and related parties against the Federal Trade Commission’s deceptive trade practices and fraudulent transfer claims, including acting as co-counsel in one of the largest FTC enforcement actions ever litigated by the FTC (FTC v. IWorks, United States District Court for the District of Nevada, admitted pro hac vice).
Mortgage Lender Litigation: Represented a lender in a breach of contract claim against a former employee who violated employment policies and accidentally dispatched loan proceeds to a impostor hacker via a fraudulent wire transfer. Won summary judgment on employee's counterclaims for wrongful termination.
Hotel Franchisee Defense: Achieved dismissal for a hotel franchisee in breach of indemnification agreement dispute.
Asset Purchase Agreement Defense: Defended against breach of contract and conversion claims related to an asset purchase agreement and associated personal guaranty.
Lease Guarantor Defense: Protected lease guarantor from landlord's claim seeking to recover against guarantor after lessee's default under medical office lease agreement.
LLC Member Defense: Defended LLC members in a complex case involving securities fraud and other serious allegations of wrongful appropriation of investor funds in relation to contract for research, design, and development of propriety and novel computer software and associated hardware devices.
Nutraceutical Company Representation: Represented a company against fraud, breach of contract, and unjust enrichment claims by a former licensee of a Utah-based company using a multi-level marketing structure.
Transportation Company Advocacy: Secured a prejudgment writ of attachment for a transportation company in a breach of contract dispute with a South Korean entity which was manufacturing oil refinery equipment in Utah and was absconding from the state thereby exposing transportation company to substantial risk of no recovery absent the writ.
Hotel Franchise Litigation: Represented a foreign citizen in connection with a Utah lawsuit for breach of contract and fraud claims against a Utah-based sport-themed hotel franchise which hired client to perform services in a foreign country.
Travel Agency Defense: Defended a travel agency against contract and rescission claims related to a travel agreement for excursions to Asia.