Mark Morris has a diverse practice, with experience in general commercial litigation, including construction law, real estate litigation, employment law, trade secrets, general business disputes and defense of class action matters.
Representative Experience
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General Commercial Litigation
- Mark has general experience in complex contract disputes of all kinds, professional liability, and business torts including many covered by federal and state statutory schemes. These have included complex construction, business tort and defense industry contract cases exceeding many millions of dollars in claims. He has been lead counsel for class action defendants in Utah, Arizona, and Illinois, in cases involving complex federal statutory schemes, including consumer protection cases against lending and financial institutions. Mark has been lead counsel in cases litigated in Alabama, Arizona, California, Colorado, Florida, Idaho, Illinois, Nevada, New York, and Utah. He has briefed and argued appeals to the Utah Court of Appeals, the Utah Supreme Court, the Florida Court of Appeals, and to the U.S. Courts of Appeal for the Ninth and Tenth Circuits.
Construction Law
- His practice includes representation of owners, design professionals, financial institutions, sureties, and contractors on private and public projects in contract drafting and negotiation, claims analysis and resolution, surety claims, mechanics lien litigation, construction defect claims, resolution of claims in bankruptcy court, contract and claims litigation, and design professional liability issues.
Real Estate Litigation
- Mark is experienced in easement and right-of-way litigation, commercial landlord-tenant disputes, purchase/sale agreements, quiet title actions, state and federal just compensation and inverse condemnation actions, public lands and natural resources, foreclosure in and out of bankruptcy proceedings, and contract and commission disputes.
Employment Law
- Mark represents employers in contractual, statutory, and tortious conduct claims arising from employment relationships, including enforcement of non-compete and trade secret covenants, and defense of Title VII, ADA, ADEA, FLSA, FMLA, ERISA, and other federal and state statutory schemes.
Education
- Brigham Young University, J. Reuben Clark Law School (J.D., cum laude, 1985)
- Order of the Barristers
- Columbia University (B.A., English, 1982)
Court Admissions
- Supreme Court of Utah
- United States Supreme Court
- United States District Court, District of Utah
- United States Court of Appeals, Ninth Circuit
- United States Court of Appeals, Tenth Circuit
- United States Court of Appeals, Eleventh Circuit
Professional Memberships & Activities
- State Bar of Utah
- Utah State Bar Annual Meeting, Co-Chair (2012)
- American Bar Association
- Salt Lake County Bar Association
- International Association of Defense Counsel (IADC)
- Construction Law and Litigation Section, Vice Chair of Programs and Projects (2011-2012)
- ABA Forum on the Construction Industry
- Center for Public Resources (CPR)
- Regional Panel of Distinguished Neutrals
- Defense Research Institute (DRI)
- Brigham Young University Law School Alumni Association, President (1997-1999)
- Brigham Young University Law School, Advisory Board Member (2005 to present)
Representative Presentations & Publications
- Health Care Reform: An Overview of Important Changes to Employee Health Care Benefits, Co-Presenter, Meeting of American Counsel of Engineering Companies, Park City, Utah (September 15, 2010)
- The New Normal: Thirteen Realities and Issues that Lenders are Considering, and Borrowers Should Now Consider in Connection With Construction Financing, Co-Presenter, ABA Forum Owners & Lenders Division (Division 12) (August 11, 2010)
- Legislative Corralling of Construction Defect Litigation, Home Builder's Right to Cure Statutes, IADC Mid-Year Meeting (February 2008)
- Utah Courts Will Likely Enforce Pay-If-Paid/Pay-When-Paid Clauses, Utah Under Construction Newsletter (March 2007)
- A Case for National E-Mail Regulation: State UCE Statutes Have Infirmities, Co-Author, Defense Counsel Journal (July 2003)
- The Erosion of the Parol Evidence Rule: More Holes in the Dike, Defense Counsel Journal (April 2000)
Professional Recognition & Awards
- Best Lawyers in America®, Commercial Litigation (2009-2012); Construction Litigation, Labor & Employment Litigation, Real Estate Litigation (2012)
- The Best Lawyers in America®, Business Edition, Labor & Employment Law (2012)
- Lawdragon Top 3000 Leading Lawyers in America (2010-2011)
- Super Lawyers®, Business Litigation - Corporate Counsel Edition (2008)
- Mountain States Super Lawyers®, Business Litigation (2007)
- Utah Legal Elite: Employment and Business Litigation, Utah Business magazine (2012 & prior years)
Community Involvement
- University of Utah Hospital Foundation, Board Member (2011-present)
