Mark James has extensive experience representing clients in federal and state courts. His practice includes complex commercial and tort litigation, both on behalf of plaintiffs and defendants. Mr. James has represented clients in a wide variety of matters, including intellectual property disputes, securities litigation, trade secret disputes, product liability disputes, eminent domain proceedings, contract disputes, real property disputes, disputes over ownership and control of businesses, derivative actions, construction law, personal injury cases, and class actions. Mr. James has handled multiple litigation involving multilevel marketing companies and distributors, including with respect to claims involving false advertising, misappropriation of trade secrets, cross-recruiting, interference with contract, and non-competition issues. He has been praised by clients and peers for his skilled and efficient approach to litigation.
Mr. James’ clients have enjoyed significant successes both at trial and in negotiated settlements. Mr. James’ trial victories include, among others, a jury award of over $24 million against DHL (Express) USA, Inc. for breach of contract, breach of the implied covenant of good faith and fair dealing, and tortious interference. Settlements include a $15 million recovery in a fraud class action along with numerous other significant recoveries. In addition to these results for companies and individuals pursuing claims, Mr. James has successfully defended many companies and individuals against a variety of different claims. In addition to acting as legal counsel, Mr. James has acted as a court-appointed receiver in the context of a partnership dispute involving millions of dollars of real property. He also has commenced a mediation practice, in addition to maintaining his regular law practice, offering his services as a mediator in a variety of disputes, including disputes involving complex litigation.
Professional Honors & Activities
Mr. James annually (2004-2015) has been recognized by his peers throughout the state as one of Utah’s “Legal Elite,” as published in Utah Business Magazine. Mr. James was included on the List of Mountain States Super Lawyers (TM) from 2007 – 2015, an honor given to only the top 5% of attorneys practicing in the Mountain States. Mr. James is featured in Best Lawyers, and has been for several years. Mr. James has been recognized on multiple occasions as one of the top 75 lawyers in the intermountain area by Mountain States Super Lawyers. He has served as President (2010-2011), Vice-President (2008-2010) and Secretary-Treasurer (2006-2007) of the Aldon J. Anderson American Inns of Court. Mr. James is “AV” rated by Martindale-Hubbell.
- 1988, J.D., Brigham Young University, magna cum laude; Order of the Coif, Articles Editor, Brigham Young University Law Review.
- 1985, MBA, Utah State University. Graduated top of the class.
- 1984, B.A., Accounting, magna cum laude.
Courts Where Practiced:
All state and federal courts in Utah, the United States Tenth Circuit Court of Appeals, the United States Federal Circuit Court of Appeals, various state courts, various federal courts. Mr. James is also a CPA.