Previous PageStewart O. Peay Partner

Stewart Peay's practice is focused in general commercial litigation, financial services litigation, construction litigation, civil RICO defense, government investigation defense, and products liability defense.

Representative Matters

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General Commercial Litigation

  • Represented numerous clients in commercial disputes, including representing clients in numerous breach of contract, corporate governance, intellectual property and insurance coverage disputes
  • Represented numerous landlords in unlawful detainer and other lessor/lessee disputes

Financial Services Litigation

  • Represented a defendant who purchased a large lender that was sued for loaning money to an entity that was purportedly operating a Ponzi scheme
  • Represented numerous mortgage servicers who have been sued by individuals claiming that trust deeds securing their mortgages are void because their mortgages were securitized

Construction Litigation

  • Represented commercial owners and contractors in disputes dealing with multi-million dollar construction projects, including breach of contract, cardinal change, negligence, cumulative impact and delay claims, among others
  • Represented commercial owners and contractors in issues dealing with federal bidding and contracting standards

Civil RICO and Governmental Investigations

  • Represented several defendants against civil RICO claims, including defending a large title insurer against allegations of RICO and civil conspiracy, and a large holding company against allegations of securities fraud and related RICO violations
  • Assisted clients who are being investigated by the SEC or the Utah State Securities Division
  • Represented clients who are the subject of litigation brought by SEC receivers seeking the return of assets allegedly obtained through a Ponzi scheme

Products Liability Defense

  • Represented numerous manufactures and land owners against claims related to asbestos exposure

Education

  • J. Reuben Clark Law School, Brigham Young University (J.D., cum laude, 2002)
    • Associate Editor, Journal of Public Law
    • President, Federalist Society
  • Brigham Young University (B.S., Economics, 1998)

Court Admissions

  • Supreme Court of Utah
  • United States District Court, District of Utah

Professional Memberships & Activities

  • State Bar of Utah
  • Salt Lake County Bar Association

Representative Presentations & Publications

  • 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)
  • How to Avoid Five Common Errors in Pre-Litigation Investigations, Presenter, Mountain West Chapter of the Association of Corporate Counsel (June 24, 2008)

Professional Recognition & Awards

  • Mountain States Super Lawyers®, Business Litigation - Rising Stars Edition (2009-2011)
  • Utah Legal Elite: Civil Litigation, Utah Business magazine (2011)

Community Involvement

  • American Red Cross, Mountain Valley Chapter, Board of Directors
  • Employer Support of the Guard and Reserve, Utah Committee Member

Other Professional Experience

  • Baker and McKenzie, Intern, Moscow, Russia