James E. Magleby - a Salt Lake City, Utah (UT) Arbitration Lawyer

Salt Lake City Arbitration Lawyer

Updated: 03/02/2026

Areas of Practice

Arbitration
Intellectual Property Litigation
Business Torts
Construction Litigation
Contract Litigation
Complex Litigation
Copyright Litigation
Covenant Not to Compete Matters
Deceptive Trade Practices
False Advertising Litigation
Federal Trade Commission (FTC) Matters
Federal Appellate Practice
Federal Trial Practice
Lanham Act Matters
Mediation
Multi-District Litigation
Non-Competition/Non-Circumvention
Patent Litigation
RICO Matters
Trade Dress Litigation
Trade Secret Litigation
Trademark Litigation
Unfair Competition
State Appellate Practice
State Trial Practice
Securities Fraud Matters

Attorney Information

Overview

JAMES E. MAGLEBY practices in all areas of intellectual property and complex civil and commercial litigation. Mr. Magleby's litigation and trial experience includes cases involving trade secrets, patents, trademarks and unfair competition, the Lanham Act, trade dress, real property and real estate, construction, partnership and business dissolutions, commercial collections, securities, landlord-tenant disputes, and non-competition and non-circumvention agreements.

Mr. Magleby also has extensive experience in seeking and resisting expedited relief, particularly in intellectual property, false-advertising and trade secret cases, including temporary restraining order (TRO) and preliminary injunction hearings.

Mr. Magleby has been practicing for more than 25 years, and has obtained notable major verdicts and favorable rulings for clients in the courtroom and arbitration, including the following:

Representing Utah-based ClearOne Communications, Inc. in a two-and-a-half week jury trial, resulting in a verdict of approximately $10.5 million for theft of trade secrets and related claims.
Representing a number of parties in a complex business theft case in Utah state court, obtaining approximately $1.3 million in a bench verdict.
Representing a partner in the iconic Utah restaurant La Caille in a breach of partnership and fiduciary duty case, obtaining a $4.7 million unanimous verdict from a Salt Lake County jury.
Obtaining complete dismissal of over $27 million in claims against a client, after a confidential two-week arbitration held in New York City.
As co-counsel with Magleby Cataxinos 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. The jury verdict was affirmed by the Utah Supreme Court in May 2016.
Securing a settlement of $45 million for Utah-based ClearOne, Inc. against investment bank UBS Financial Services, Inc. after a two-week arbitration before a three-member panel, but before a decision.
Representing clients in a five-week bench trial against the Federal Trade Commission (FTC). Prior to trial, the firm succeeded in having the FTC’s damages claims reduced from over $20 million to less than $9 million.
Along with lead counsel Peggy Tomsic and firm partner Jennifer Fraser Parrish, Mr. Magleby represented three same-sex couples in successfully having Utah’s ban on same-sex marriage declared unconstitutional in Kitchen v. Herbert in 2013. The trial court’s decision was affirmed by the Tenth Circuit, making same-sex marriage legal in not only Utah, but also Oklahoma, Kansas, New Mexico, Colorado, and Wyoming.
Obtaining an award of over $9.5 million in a Lanham Act, false advertising case including claims for the deceptive manipulation of Amazon product reviews, after a four-week video bench trail in the Summer of 2020 during the pandemic. The award was augmented by millions of dollars in prejudgment interest and attorney fees, and now stands at $16.5 million.
Obtaining dismissal of hundreds of millions of dollars in claims against firm clients on motions to dismiss or summary judgment.
Over $100 million recovered through confidential settlements.

Mr. Magleby is A/V rated by Martindale Hubble, the highest rating available for an attorney. Mr. Magleby has been consistently voted by his peers throughout the state as one of Utah's "Legal Elite" every year for over twenty years, as published in Utah Business Magazine.

Mr. Magleby has been ranked in Chambers USA - America's Leading Lawyers for Business, in the area of commercial litigation, since 2010. Beginning in 2017, Mr. Magleby has been ranked in Band 1, the highest rating available, and which includes only five lawyers in the entire state in 2020. (Magleby Cataxinos 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 was included on the list of Mountain States Super LawyersTM every year since 2007, 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 and Mountain States Top 100, as one of the top 75 or top 100 lawyers in all of Nevada, Utah, Montana, Idaho and Wyoming.

Mr. Magleby has been listed in Best Lawyers® in the areas of Commercial Litigation, Litigation – Intellectual Property, and Litigation - Real Estate, for several years running. Mr. Magleby is ranked in Benchmark Litigation in the areas of Intellectual Property Litigation and Commercial Litigation.

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.

Awards and Honors

Super Lawyers® Selectees

James E. Magleby included in a Super Lawyers® list

Other Sources of Feedback About James E. Magleby

Included on the 2026 Mountain States Super Lawyers list

Past Lists

2025 Mountain States Super Lawyers list
2024 Mountain States Super Lawyers list
2023 Mountain States Super Lawyers list
2022 Mountain States Super Lawyers list
2021 Mountain States Super Lawyers list
2020 Mountain States Super Lawyers list
2019 Mountain States Super Lawyers list
2018 Mountain States Super Lawyers list
2017 Mountain States Super Lawyers list
2016 Mountain States Super Lawyers list
2015 Mountain States Super Lawyers list
2014 Mountain States Super Lawyers list
2013 Mountain States Super Lawyers list
2012 Mountain States Super Lawyers Super Lawyers list
2011 Mountain States Super Lawyers list
2010 Mountain States Super Lawyers list
2009 Mountain States Super Lawyers list
2008 Mountain States Super Lawyers list
2007 Mountain States Super Lawyers list

Education

Legal Education
- University of Utah College of Law, Salt Lake City, Utah, 1995
  J.D.
  Honors: Order of the Coif
Non Legal Education
- Swarthmore College, Swarthmore, Pennsylvania, 1989
  B.A.
  Honors: With Honors
  Major: Political Science

Current Employment Position(s)

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Managing Shareholder
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Past Positions

Hon. Pamela T. Greenwood, Utah Court of Appeals, Law Clerk, 1995 - 1996

Representative Cases

MP Nexlevel, LLC v. Codale Elec. Supply, Inc., et al.
- Citation: No. 2:08-cv-0727-CW, 2010 WL 1687985
- Court: D. Utah
- Year: 2010
ClearOne Communications, Inc. v. Chiang
- Citation: 670 F. Supp. 2d 1248
- Court: D. Utah
- Year: 2009
Macris, et al. v. Sevea International, Inc., et al.
- Citation: No. CIV 070903010, Aug. 13, 2009 Order
- Court: Utah Dist. Ct.
- Year: 2009
ClearOne Communications, Inc. v. Chiang, No. 2:07-cv-00037 TC, 2009 WL 1108800
- Court: D. Utah
- Year: 2009
ClearOne Communications, Inc. v. Chiang, 608 F. Supp. 2d 1270
- Court: D. Utah
- Year: 2009
MP Nexlevel, LLC v. Codale Elec. Supply, Inc. et al.
- Citation: No. CIV 08-273 MCA/CG, Aug. 4, 2008 Order
- Court: D.N.M.
- Year: 2008
ClearOne Communications, Inc. v. Chiang
- Citation: No. 2:07-cv-00037 TC, 2008 WL 704228
- Court: D. Utah
- Year: 2008
ClearOne Communications, Inc. v. Chiang
- Citation: No. 2:07-cv-00037 TC, 2007 WL 3231524
- Court: D. Utah
- Year: 2007
Aurora Credit Servs., Inc. v. Liberty West Dev., Inc.
- Citation: 129 P.3d 287
- Court: Utah Ct. App.
- Year: 2006
Klein-Becker USA v. NDS Nutrition
- Citation: No. 2:04cv00776 TC, Nov. 15, 2004 Order
- Court: D. Utah
- Year: 2004
Zoller Labs., LLC v. NBTY, Inc.
- Citation: No. 03-4252, 2004 WL 2288152
- Court: 10th Cir.
- Year: 2004
Covey v. Covey
- Citation: 80 P.3d 553
- Court: Utah Ct. App.
- Year: 2003
Wesson v. Huntsman Corp.
- Citation: 206 F.3d 1150
- Court: 11th Cir.
- Year: 2000
Fitz v. Synthes (USA)
- Citation: 990 P.2d 391
- Court: Utah
- Year: 1999
McCoy v. Blue Cross & Blue Shield of Utah
- Citation: 980 P.2d 694
- Court: Utah Ct. App.
- Year: 1999
Rosenwinkel v. Bennett
- Citation: No. 971521-CA, 1998 WL 1758347
- Court: Utah Ct. App. Nov. 27,
- Year: 1998
USA Power, LLC v. PacifiCorp, 372 P.3d 629 (2016)
Kitchen v. Herbert, 961 F.Supp.2d 1181 (D. Utah 2013), affirmed, 755 F.3d 1193 (10th Cir. 2014)

Published Works

Articles

Hospital Mergers and Antitrust Policy, 21 Antitrust Bull. 137 (1996).
The Constitutionality of Utah's Medical Malpractice Damages Cap, 21J. Contemp. L. 217 (1995).
The Recovery of Attorney Fees in Utah, 23 J. Contemp. L. 379 (1997).
Justices of the Utah Supreme Court, 1896-1996, co-author (1997).

Bar Admissions

Utah, 1995
U.S. District Court District of Utah, 1996
U.S. Court of Appeals 10th Circuit, 2003
U.S. Court of Appeals 11th Circuit, 1999
U.S. Supreme Court, 2000

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Contact

Salt Lake City, UT

141 W. Pierpont Ave.
Salt Lake City, UT 84101

Directions

Phone: 866-928-7962

Fax: 801-359-9011

Email: Send a message

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James E. Magleby - Salt Lake City, UT