COMMERCIAL LITIGATION
Sarah leads SpencerWillson’s commercial litigation practice, bringing decades of experience as a commercial litigator.
Known for her client-centered approach, Sarah is committed to achieving results while maintaining the highest standards of ethics and integrity. She has been recognized as a “Best Lawyer” in commercial litigation by Best Lawyers, listed as a Mountain States "Super Lawyer," and named in the peer-nominated "Utah Legal Elite" by Utah Business Magazine.
Sarah’s extensive appellate advocacy experience supports her success in trial courts, giving her a unique advantage in commercial litigation. Known as a “summary judgment lawyer,” Sarah has secured significant case victories without going to trial. Her commitment to clients spans decades, as shown in cases like Utah Transit Authority v. Greyhound, a 12-year case with three appeals, and Feasel v. Tracker Marine, which involved two appeals over 10 years.
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 obtained ownership of the client’s causes of action.
Trademark and Trade Dress – Represented a law firm in trademark infringement claims involving 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, arising from a broader fraud and partnership dissolution lawsuit.
Business Litigation – Litigated unauthorized loan agreements and pledges by an unauthorized member. Challenged the validity of real-property encumbrances under the 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, representing “Citizens for Two Voices” in a lawsuit to block changes to the joint operating agreement between the Salt Lake Tribune and Deseret News. Contributed to a settlement that preserved 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 against successor liability claims.
Promissory Note Defense – Defended against promissory note and breach-of-contract claims; counterclaimed for unlawful property transfers. Sought summary judgment based on the Utah Uniform Commercial Code’s statute of limitations for demand notes.
Indemnification Contract Defense – Represented a transportation company in a breach-of-indemnification contract dispute and claims involving failure to procure insurance.
Franchise Dispute – Represented franchisees challenging the validity of franchise disclosure documents, including cases involving 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 allegations concerning penny stock entities.
Intentional Interference and Conspiracy – Represented parties in claims of intentional interference with contract, civil conspiracy, aiding and abetting a breach of fiduciary duty, and fraud.
Derivative Claims – Represented businesses in defending against derivative shareholder claims. Also represented shareholders and owners asserting derivative causes of action against officers, directors, and managers.
Enforcement of Equitable Promises – Advocated for clients enforcing equitable promises under theories of promissory estoppel, unjust enrichment, and reliance. Sought remedies including disgorgement, constructive trust, rescission, equitable restitution, and specific performance.
Business Warranty Claims – Obtained summary judgment for a business against breach-of-warranty claims brought under the Uniform Commercial Code.
FTC Defense – Defended businesses against FTC deceptive-trade-practice and fraudulent-transfer claims. Co-counseled in one of the largest FTC enforcement actions (FTC v. IWorks).
Mortgage Lender Litigation – Represented a lender asserting a breach-of-contract claim against a former employee who wired loan proceeds to an impostor hacker. Won summary judgment on wrongful termination counterclaims.
Hotel Franchisee Defense – Achieved dismissal for a hotel franchisee facing a breach-of-indemnification agreement lawsuit.
Asset Purchase Agreement Defense – Defended against breach-of-contract and conversion claims arising from an asset purchase agreement and personal guaranty.
Lease Guarantor Defense – Defended a lease guarantor against a landlord’s claim following the lessee’s default under a medical office lease.
LLC Member Defense – Defended LLC members in a securities fraud case regarding the research, design, and development of proprietary software and hardware.
Nutraceutical Company Representation – Represented a nutraceutical company against fraud, breach-of-contract, and unjust enrichment claims filed 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 alleging breach-of-contract and fraud claims against a sports-themed hotel franchise.
