COMMERCIAL LITIGATION

Sarah leads SpencerWillson's commercial litigation practice. She has a 20-year track record as a commercial litigator. When clients need her, Sarah is there. She serves her clients' needs and wins cases while maintaining the highest standards of ethics and integrity.

Sarah is named a "Best Lawyer" in commercial litigation by Best Lawyers. She has been listed as a Mountain States "Super Lawyer" and included in the peer-nominated "Utah Legal Elite" by Utah Business Magazine.

Jeff has three decades of experience in business matters, including extensive transactional work. He helps businesses and business people.

Sarah is committed to her clients for the long haul. In many cases, she has continued the fight for more than a decade. Examples include Utah Transit Authority v. Greyhound, spanning 12 years and three appeals, and Feasel v. Tracker Marine, litigated for over 10 years with two appeals. Sarah is known as a "summary judgment lawyer" who wins without trial.Sarah's appellate advocacy experience is the bedrock of her trial court success. Her understanding of appellate decisions gives her a significant advantage in commercial litigation. Jeff  shares Sarah's tenacity, love for the law, and commitment to clients. He excels in business fights with high stakes and long hauls. 

Representative Cases

Startup Defense: Defended a startup against breach of contract claims and demands for inspection of corporate records by a predatory investor. Counterclaimed 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 a statutory attorney fee lien on a non-paying client's intangible property. Appeared in the client's bankruptcy proceeding, asserted lien claims, and won ownership of the client's causes of action.

Trademark and Trade Dress: Represented a law firm in trademark infringement claims related to a competitor's advertising slogan.

Trade Secret Defense: Defended businesses against trade secret misappropriation and predatory hiring allegations.

Copyright Infringement: Represented a software developer in copyright infringement claims against a business partner in a broader fraud and partnership dissolution lawsuit.

Business Litigation: Litigated unauthorized loan agreements and pledges by an unauthorized member. Challenged the validity of land encumbrances under Utah Real Estate Code and personal property security interests under the Utah Uniform Commercial Code.

Antitrust and Monopoly: Co-counseled in a major public-interest case involving the Salt Lake Tribune. Represented "Citizens for Two Voices" in a lawsuit to block changes to the joint operating agreement between the Salt Lake Tribune and Deseret News, contributing to a settlement preserving the Tribune's independence.

Fraudulent Transfer and Conspiracy: Sued businesses for fraudulent transfer, alter ego, and successor liability claims related to a public auction and post-judgment price-fixing conspiracy. Pursued fraudulent transfer claims against relatives of judgment debtors who accepted assets in bad faith.

Successor Liability: Defended businesses sued for successor liability.

Promissory Note Defense: Defended against promissory note and breach of contract claims. Counterclaimed against unlawful property transfers. Sought summary judgment based on statute of limitations in Utah Uniform Commercial Code for demand notes.

Indemnification Contract Defense: Represented a transportation company in a breach of indemnification contract case and failure to procure insurance.

Franchise Dispute: Represented franchisees in disputes involving the validity of franchise disclosure documents. Cases included a print shop, a property management franchise, and a prop- and costume-focused photography booth franchise.

Securities Fraud: Handled securities fraud cases, including insider trading claims in a penny stock company.

Intentional Interference and Conspiracy: Represented parties in intentional interference with contract, civil conspiracy, aiding and abetting breach of fiduciary duty, and fraud cases.

Derivative Claims: Represented businesses in challenging derivative shareholder claims. Represented shareholders and owners in asserting derivative claims against business officers, directors, and managers.

Enforcement of Equitable Promises: Advocated for clients enforcing equitable promises under theories of promissory estoppel, unjust enrichment, and reliance. Asserted remedies of disgorgement, constructive trust, rescission, equitable restitution, and specific performance.

Business Warranty Claims: Obtained summary judgment for a business against breach of warranty claims under the Uniform Commercial Code.

FTC Defense: Defended businesses against FTC deceptive trade practices and fraudulent transfer claims. Co-counseled in one of the largest FTC enforcement actions (FTC v. IWorks).

Mortgage Lender Litigation: Represented a lender in a breach of contract claim against a former employee who dispatched loan proceeds to an impostor hacker via a fraudulent wire transfer. Won summary judgment on wrongful termination counterclaims.

Hotel Franchisee Defense: Achieved dismissal for a hotel franchisee in a breach of indemnification agreement dispute.

Asset Purchase Agreement Defense: Defended against breach of contract and conversion claims related to an asset purchase agreement and personal guaranty.

Lease Guarantor Defense: Defended a lease guarantor from a landlord's claim after the lessee's default under a medical office lease agreement.

LLC Member Defense: Defended LLC members in a securities fraud case related to research, design, and development of proprietary software and hardware devices.

Nutraceutical Company Representation: Represented a company against fraud, breach of contract, and unjust enrichment claims by a former licensee.

Transportation Company Advocacy: Secured a prejudgment writ of attachment for a transportation company in a breach of contract dispute with a South Korean entity.

Hotel Franchise Litigation: Represented a foreign citizen in a Utah lawsuit for breach of contract and fraud claims against a sport-themed hotel franchise.

Travel Agency Defense: Defended a travel agency against contract and rescission claims related to a travel agreement for excursions to Asia.