Nathan R. Marigoni

Associate

marigonin@ballardspahr.com
Tel 801.531.3022
Fax 801.531.3001
Salt Lake City

Nathan R. Marigoni represents clients in matters related to commercial litigation, including employment litigation, complex business and commercial transaction disputes, intellectual property enforcement and defense, and class-action defense. In addition to representing clients in all aspects of traditional litigation, Nathan advises and assists clients in alternative dispute resolution including negotiated settlements, mediation, and arbitration.

Nathan represents and advises government entities, including state agencies and special service districts, with respect to public records and open meetings compliance, purchasing and procurement, property assessments, and employee and officer responsibility and ethical obligations.

Nathan also focuses on appellate issues and representation, including consulting with trial counsel to preserve issues and challenge for appeal, post-trial and appellate motion practice, drafting appellate briefs, and oral argument.

Representative Matters

  • SEC v. American Pension Services, No. 18-4114 (10th Cir., Oct. 10, 2020) (as counsel for court-appointed receiver for defendant company, successfully defended district court order denying untimely efforts to extract assets from receivership estate prior to termination of receivership)
  • Successfully defended trial court judgment denying junior lienholder’s claim for $9.8 million in foreclosure sale proceeds based on lien subordination and circular-priority arguments:
    • Trapnell & Associates, LLC v. Legacy Resorts, LLC, 2020 UT 44 (obtained dismissal on jurisdictional grounds of principal appeal)
    • Trapnell & Associates, LLC v. Legacy Resorts, LLC, No. 20160716-CA (Utah Ct. App. Sep. 14, 2020) (on remand, summary disposition of outstanding cross-appeal)
  • VR Acquisitions, LLC v. Jordanelle Special Service District, Case No. 180500051, Fourth Judicial District Court, Wasatch County, Utah (defending county special service district against property developer’s challenge to administration and enforcement of assessments to fund public water and sewer infrastructure)
  • Lunt v. Nationstar Mortgage, No. 18-4093, 2020 U.S. App. LEXIS 2706 (10th Cir. Jan. 28, 2020) (successfully defended summary-judgment ruling on challenge to lender’s deed of trust)
  • In re: Mary Doe and Jane Doe, No. 20180806-SC (Utah Dec. 9, 2019) (successfully petitioned Utah Supreme Court to adopt a rule making undocumented immigrants who are recipients of deferred action on the basis of having arrived in the United States as a minor eligible for admission to the Utah Bar)
  • Successfully defended a state agency’s procurement award against three protests, an open-records lawsuit, and a district court lawsuit and appellate motion seeking to restrain agency from executing contract with winning vendor.
    • Motorola Solutions, Inc. v. Utah Communications Authority, 2019 UT 66, 45 P.3d 91
    • Motorola Solutions, Inc. v. Utah Communications Authority, Case No. 190901673, Third Judicial District Court, Salt Lake County, Utah
    • Motorola Solutions, Inc. v. Utah Communications Authority, case No. 190903675, Third Judicial District Court, Salt Lake County, Utah
  • Utah Communications Authority v. Nelson, et al., Case No. 160901578, Third Judicial District Court, Salt Lake County, Utah (Nov. 29, 2017) (defended $2.3 million judgment against post-judgment motions to set aside)

Judicial Clerkships

Judge Carolyn B. McHugh, U.S. Court of Appeals for the Tenth Circuit, 2015-2016

Judge Michele M. Christiansen, Utah Court of Appeals, 2013-2015

Professional Activities

David K. Watkiss – Sutherland II Inn of Court, 2019-2020

Executive Committee of the Utah State Bar Appellate Practice Section, 2020

Serving Our Seniors Committee, Utah State Bar Young Lawyer’s Division, 2017-2019

Publications and Speaking

"Discovery Issues in Employment Litigation: Tips to Save You Time and Money," Ballard Spahr's Fall Employment Law Seminar, November 7, 2018

"Unrepresented and Untimely: The PCRA's Disservice to Indigent Prisoners," Utah Law Review OnLaw, 2013

Recognitions and Accomplishments

The Best Lawyers in America "Ones to Watch," – Commercial Litigation (Salt Lake City), 2021

University of Utah S.J. Quinney College of Law (J.D. 2013, highest honors)
Order of the Coif
Articles Editor, Utah Law Review, Legal Writing Teaching Assistant; Judicial Intern to Utah Supreme Court Justice Jill Parrish

Weber State University (B.A. 2005)

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