Anthony C. Kaye

Litigation, Intellectual Property, Appellate, Communications, Complex Commercial Litigation, Construction, Construction Dispute Resolution, Consumer Class Action Litigation, Franchise and Distribution, Intellectual Property Litigation, Life Sciences/Technology, Product Liability and Mass Tort

Anthony C. Kaye is a partner in the Litigation and Intellectual Property Departments. He focuses his practice on business litigation and complex civil litigation at both the trial and appellate levels in federal and state courts throughout the United States. He is a member of the Appellate, Complex Commercial Litigation, Construction Dispute Resolution, Consumer Class Action Litigation, Communications, Construction, Intellectual Property Litigation, Product Liability and Mass Tort, Franchise and Distribution, and Life Sciences/Technology Groups.

Mr. Kaye has defended high-stakes, complex matters in a wide variety of areas, including: intellectual property, business governance disputes, communications, product liability and mass torts, and real estate and construction. Mr. Kaye has represented clients before the U.S. Courts of Appeals for the District of Columbia and the Tenth Circuits, and the U.S. Supreme Court. He also has represented clients in matters before the Utah Public Service Commission and the Federal Communications Commission. In addition to judicial and administrative proceedings, Mr. Kaye has substantial experience resolving disputes through mediation and arbitration.

Representative Matters

• Represented appellants Loeb Investors XL and Joe Lesser, in Ira Sachs v. Joseph S. Lesser, Loeb Investors Co. XL, and United Park City Mines Company, No. 20070472, in which the Utah Supreme Court overruled the Utah Court of Appeals and affirmed the trial court's dismissal of the plaintiff's claim for a finder's fee in connection with the acquisition of United Park City Mines Company via a stock merger, holding that a transaction in which the transfer of real estate is the dominant feature of the exchange, and not merely incidental to the sale of a business, is a sale of real estate governed by the provisions of the Utah Real Estate Brokers Act
• Successfully represented a global leader in power technologies in defending stray current litigation brought by 18 dairy farms arising out of the clients' design and construction of HVDC converter stations operated by the Intermountain Power Project in Utah
• Successfully represented a government franchisee in defending a competitor's claims concerning the exclusivity of the clients' rights to broker boats in the Glenn Canyon National Recreation Area (Executive Boat & Yacht Brokerage v. Aramark Sports and Entertainment, 2008 WL 4279646, D.Utah 2008)
• Successfully defended product liability cases involving allegations of exposure to asbestos-containing overhead crane brake systems used at the Geneva Steel Facility in Provo, Utah; obtained dismissals based on plaintiffs' failure to establish causation
• Counseled a Utah venture capital company and its majority shareholder in a high-profile corporate governance dispute; obtained a favorable settlement following the defeat of prior management's attempt to obtain injunctive relief, restoring them to control of the company
• Successfully prosecuted numerous Lanham Act cases on behalf of clients with nationally recognized products and marks
• Successfully defended a national cable service provider in a purported nationwide class action alleging false advertising; obtained dismissal based on arbitration provisions contained in consumer agreements
• Successfully represented a consumer finance institution in defense of a purported class action lawsuit alleging Internet pop-up advertisements for financial services violated Utah's statute regulating unsolicited commercial e-mail; obtained summary judgment on the grounds that Internet pop-up advertisements do not fall within the statutory definition of electronic mail.
• Represented Park City and Summit County real estate developers in disputes concerning construction of multimillion-dollar projects, ownership and control of companies holding real property assets, and ownership and use of density
• Participated in representation of a major insurance carrier in successful appeal to the U.S. Supreme Court in seminal ERISA preemption case (New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Company, 514 U.S. 645 (1995)); obtained unanimous decision reversing the U.S. Court of Appeals for the Second Circuit and establishing that ERISA did not preempt portions of New York's comprehensive hospital rate-setting and insurance regulatory scheme
• Represents a local telecommunications service provider in disputes with Qwest Corporation pending before the Utah Public Service Commission and the FCC concerning Qwest's alleged right of access to conduit located in residential and commercial real estate developments, including The Gateway development in downtown Salt Lake City

Pro Bono Experience

Member, Ballard's Pro Bono Committee; Supervisor, Ballard's pro bono program in Utah

Based on pro bono work performed by Mr. Kaye and the Salt Lake office, the Legal Services Corporation presented a Certificate of Appreciation for "extraordinary commitment to providing equal access to justice through Private Attorney Involvement with Utah Legal Services" in 2008.

Professional Activities

American Bar Association, Division 1 Steering Committee, Forum on the Construction Industry (Dispute Avoidance and Resolution)

Federal Bar Association

Salt Lake County Bar Association

Recognition & Accomplishments

Leading Lawyer in Utah ("Utah Legal Elite"), Utah Business Magazine, business litigation, 2006-2010

Publications

"Multijurisdictional Practice and ABA Model Rule 5.5," American Bar Association Forum on the Construction Industry, October 15-16, 2009

"Who's Your Client – Dual Representation of an Organization and its Shareholders/Directors/Officers/Employees," American Bar Association Forum on the Construction Industry, October 15-16, 2009

"A Broader Scope for American Pipe Tolling Doctrine," Law 360, November 2008

Community Activities

United Way of Salt Lake, Young Leaders Group; Member, UWSL Grant Review Committee for Protecting and Meeting Basic Needs, 2008

And Justice for All, Leadership Committee

Board Memberships

Prevent Child Abuse Utah, member and past Chair
Governor's Child Abuse Prevention Task Force, past Member
Bernheim Arboretum and Research Forest, past Member

Case Western Reserve University School of Law (J.D. 1993, magna cum laude)
Articles Editor, Case Western Reserve Law Review; Member, Order of the Coif

Hamilton College (B.A. 1986)

New York 1994

Utah 1999

U.S. District Court for the Western District of Michigan

U.S. District Courts for the Southern and Eastern Districts of New York

U.S. District Court for the District of Utah

U.S. Court of Appeals for the District of Columbia

U.S. Court of Appeals for the Tenth Circuit

U.S. Supreme Court