Anthony C. Kaye

Partner He / Him / His
Salt Lake City
New York

Anthony C. Kaye focuses on business litigation and complex civil litigation at both the trial and appellate levels in federal and state courts throughout the United States. Tony has defended high-stakes, complex matters in a wide variety of areas, including consumer financial and mortgage banking services, intellectual property, business governance disputes, communications, product liability and mass torts, and real estate and construction.

Tony is a member of the Consumer Financial Services Litigation Group and is the Team Leader of the group's Military Lending Team. His consumer financial services litigation practice focuses on defending banks, servicers, and other financial institutions throughout the United States in complex litigation matters. He counsels clients in connection with examinations by state and federal regulators and more generally on compliance with state and federal statutes and regulations.

Tony has represented clients before the U.S. Courts of Appeals for the District of Columbia, Ninth and the Tenth Circuits, and the U.S. Supreme Court. In addition to judicial and administrative proceedings, Tony has substantial experience resolving disputes through mediation and arbitration.

Experience 

Representative Matters

  • Layton v. Experian Info. Sols., Inc., 2020 U.S. Dist. LEXIS 205221 (D. Utah Nov. 2, 2020) (dismissing FCRA claim filed by Chapter 7 debtor where lender’s ACDV correctly reported an account as “discharged in bankruptcy” with a zero balance)
  • Lunt v. Nationstar Mortgage, No. 18-4093, 2020 U.S. App. LEXIS 2706 (10th Cir. Jan. 28, 2020) (affirming summary judgment dismissing plaintiff’s alleged “true” quiet title and contract based-claims following dismissal, without appeal, of plaintiff’s TILA claims concerning alleged fraud in the inducement of a home refinance transaction)
  • In re: Mary Doe and Jane Doe, Case No. 20180806-SC (Utah 2019) (ruling DACA recipients may be granted admission to the Utah State Bar and implementing Rule 14-721 of the Code of Judicial Administration to accomplish the same)

Professional Highlights

Pro Bono Experience

Tony is a member of Ballard Spahr's Pro Bono Committee and supervisor of the firm's pro bono program in Utah.

The Legal Services Corporation presented Tony with 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, Forum on the Construction Industry (Dispute Avoidance and Resolution), member; Business Law Section, member; Vice-Chair, Webinars and Roundtables Subcommittee, Consumer Financial Services Committee

Fellow, Litigation Counsel of America 

Recognition & Accomplishments

Recipient of the 2020 Alan J. Davis Award, given annually by the firm to honor an individual or group at the firm providing exemplary legal representation in a matter involving the public good

Named a Mountain States Super Lawyer 2007-2009, 2014-2019

The Best Lawyers in America, real estate litigation, 2015-2021; "Lawyer of the Year," litigation-real estate (Salt Lake City), 2021

Speaking Engagements

Speaker, "Auto Finance and the Military Lending Act," 2020 ABA Business Law Section Annual Meeting (Virtual), September 25, 2020

Facilitator, "MLA Litigation and Investigations Concerning GAP Coverage," 2019 ABA Consumer Financial Services Committee Midwinter Meeting, Tucson, Arizona, January 18, 2020

Facilitator, "The CFPB Is Not Going Away: CFPB CID Activity and Investigational Hearings," 2019 ABA Consumer Financial Services Committee Annual Meeting, Washington D.C., September 13, 2019

Board Memberships & Community Service

Prevent Child Abuse Utah, past Executive Committee Member and past Chair

Governor's Child Abuse Prevention Task Force, past Member

Bernheim Arboretum and Research Forest, past Member

Publications

Co-author, "Criminal Law Defenses to an Espionage Act Prosecution: Overbreadth, Vagueness, and Lack of Criminal Intent," Media Law Resource Center Joint Committee Report, September 2019

Co-author, "Utah's New Regulatory Sandbox," The National Law Review, June 11, 2019

"Wyoming Creates Fintech Sandbox," The National Law Review, June 6, 2019

Credentials 

Education

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

Hamilton College (B.A. 1986)

Admissions

New York

Utah

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 Ninth Circuit

U.S. Court of Appeals for the 10th Circuit

U.S. Supreme Court