Mark F. James

Mark James has practiced law in Salt Lake City since 1988. He has extensive trial experience representing clients in federal and state courts. For over twenty-five years, Mr. James' law practice focused on complex commercial and tort litigation, both on behalf of plaintiffs and defendants. He has represented clients in a wide variety of disputes, including those involving intellectual property, securities, trade secret, product liability, eminent domain, contracts, estate and trust disputes, insurance coverage, real property, ownership and control of businesses, derivative actions, construction law, personal injuries, and class actions. Mr. James also has extensive experience with disputes involving multilevel marketing companies and their distributors, disputes involving false advertising, misappropriation of trade secrets, cross-recruiting, interference with contract, and covenants not to compete. He has a reputation for being a skilled, efficient trial lawyer. He frequently has been praised by both 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. His trial successes 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, he has successfully defended many companies and individuals against a variety of different claims. He also has acted as a court-appointed receiver and a court-appointed special master.

Mr. James' practice now focuses primarily on mediation. He has mediated hundreds of cases involving a wide-variety of disputes in areas that include complex commercial litigation, torts (including personal injury and wrongful death), construction defects, and intellectual property. Mr. James has a no-nonsense "get it done" approach to mediation, and he is unhesitant to employ an out-of-the-box approach to resolve disputes. He firmly believes that as the mediator, it is important during mediations that he be there "to the very end" with counsel and their respective clients. Mr. James has mediated numerous multi-million dollar disputes, including many disputes involving "bet-the-company" litigation.

Since 2004, Mr. James has been recognized annually in Utah Business Magazine by his peers as one of Utah's "Legal Elite." He also has been recognized by Mountain States Super Lawyers annually since 2007, including on multiple occasions as one of the top 75 or top 100 and, most recently, one of the top 10, lawyers in the Intermountain region. Mr. James has served as President, Vice-President, and Secretary-Treasurer of the Aldon J. Anderson American Inns of Court. He is rated AV Preeminent® by Martindale-Hubbell (the highest possible rating). He also is a Certified Public Accountant.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings^TM fall into two categories - legal ability and general ethical standards.