Mark R. Gaylord

Litigation, Bankruptcy, Reorganization and Capital Recovery, Commercial Real Estate Recovery, Commercial Litigation, Construction, Consumer Class Action Litigation, Consumer Financial Services, Energy and Project Finance, Environment and Natural Resources, Labor and Employment, Real Estate and Construction Litigation

Mark R. Gaylord is a partner in the Litigation Department and a member of the Commercial Real Estate Recovery, Commercial Litigation, Construction, Real Estate and Construction Litigation, Consumer Class Action Litigation, Consumer Financial Services, Energy and Project Finance, Environment and Natural Resources, Labor and Employment, and Bankruptcy, Reorganization and Capital Recovery Groups. He also is in charge of the firm's Salt Lake City litigation practice.

Mr. Gaylord's practice focuses on complex civil litigation, at both the trial and appellate levels in federal and state courts throughout the United States, with a current emphasis on corporate business litigation, land use and development disputes, and construction matters. He has also handled complex matters in a variety of other areas, including environmental matters, creditor and bankruptcy matters, and business governance disputes. Mr. Gaylord represents private and public companies in a variety of business disputes as well as real estate developers and municipalities relating to land use decisions.

Mr. Gaylord has represented clients before the U.S. Courts of Appeals for the Ninth and Tenth Circuits as well as before the Utah Public Service Commission. In addition to judicial and administrative proceedings, Mr. Gaylord has substantial experience resolving disputes through mediation and arbitration.

Representative Matters

• Represents real estate developer of high-end residential property in Utah resort town relating to dispute with homeowner association arising from alleged failure and/or defective construction of infrastructure roadways and retaining walls in multimillion-dollar development with ski-in and ski-out facilities
• Represents national banking institution in fair debt collection claims and bankruptcy matters involving individuals and corporate bankruptcies
• Represents real estate developer of 105-acre parcel in Arizona relating to various development issues, including construction and lien dispute with general contractors and subcontractors hired to install infrastructure on both residential and commercial sites; business partner dispute; and general corporate governance issues
• Represents major Utah manufacturer of dietary supplements and personal care products in variety of business disputes with current and former independent distributors arising from their noncompete and nonsolicitation agreements
• Represented client in dispute with international independent distributor and former agent of company involving product liability, misappropriation of business opportunity and trade secrets, and breach of contract claims; also represented client during phase in which shareholders directed company to place the company on market for sale of their entire interest for approximately a half-billion dollars and continues to represent client in variety of corporate governance disputes and general business practices
• Successfully represented Arizona resident in federal jury trial to determine the existence of business partnership and respective ownership percentage; continue to represent client in connection with damages based on partners' breach of fiduciary duty and misappropriation of business opportunities
• Counsel to national telecommunications company providing services to the deaf relating to demands for production of documents and/or information arising from criminal acts of participants using the telecommunications system
• Successfully represented national telecommunications company in condemnation action to secure last remaining portion of interstate communications transmission line spanning the country to provide redundant telecommunication lines for national security
• Successfully represented Utah municipality in suits involving conflicts over authority of municipality to grant development rights and whether such conduct constitutes an unlawful taking, inverse condemnation, and/or trespass
• Successfully represented lender/investor in multimillion-dollar foreclosure action of 1500-acre parcel located on eastern edge of Jordanelle Reservoir in Heber County, Utah, resulting in sale of entire project at substantial profit
• Successfully represented senior employee in termination of employment and establishment of competing recycling company that has become leader in western United States; continue to represent client in connection with various business disputes
• Represented a national cable provider in action before the Utah Public Service Commission relating to the certain rights to pole attachment within the public right-of-ways adjacent to residential communities throughout Utah
• Successfully represented client in constitutional dispute with Utah State Auditor over the establishment of the Utah Funds of Funds, a legislatively created quasi-public corporation created under the Utah Venture Capital Enhancement Act to provide a financial mechanism to allow investors to contribute capital to promote venture capital investment in Utah businesses
• Represented three rural cooperative electric companies in a multiparty lawsuit involving a 400-megawatt power plan leverage lease transaction in which the parties asserted a multitude of claims, crossclaims, and counterclaims including claims of tortuous interference, aiding and abetting breaches of fiduciary duty, fraud, equitable subordination, and fraudulent conveyance
• Successfully represented general contractor/engineer in a $550 million design build tailings impoundment project, which ended in the elimination of all claims of the owner against the client and the recovery by the client of a majority of its claims

Pro Bono Experience

Since the 2002 Olympics in Salt Lake City, Mr. Gaylord has represented amateur athletes competing on a national and international level in a variety of disputes including the right to participate in protected competitions, sexual harassment, and doping cases. He has also represented clients involved in property disputes, adoptions, and physical abuse cases.

Professional Activities

American Bar Association
Federal Bar Association
Utah Bar Association
Salt Lake County Bar Association, Executive Committee
Utah Trial Lawyers Association

Recognition & Accomplishments

Chambers USA: America's Leading Lawyers for Business, litigation, 2011

Utah Business Magazine's "Utah Legal Elite" (based on peer reviews), business litigation, 2005-2007

Publications

"Secretary of the Interior v. California and Federal 'Consistency Provision' of the Coastal Zone Management Act, Like It or Not?" 7 J. Energy Law & Policy, 337, 1986

Speaking Engagements

Moderator, "A Roundtable of Best Practices: Attorney/Client Privilege for In-house Counsel: What Applies and What Doesn't," Association of Corporate Counsel, July 9, 2008

Community Activities

Active participant in and member of the National Ability Center, a nonprofit organization that provides athletic opportunities to disabled children and adults

Active participant and member of the Utah Arts Festival, a nonprofit organization that has hosted the annual Utah Arts Festival in Salt Lake City for the past 30 years

Board Memberships

National Ability Center, Board Member, 2004-present; President, 2007-2009
Utah Arts Festival, Board Member, 2005-present; Vice Chair, 2008-2009
University of Utah, S.J. Quinney College of Law, Board of Trustees, 2006-present

University of Utah, S.J. Quinney College of Law (J.D. 1987)
Editor-in-chief, Journal of Contemporary Law

Lewis and Clark College (B.S. 1982)

Utah

U.S. District Court for the District of Utah

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Supreme Court