David W. Tufts

Shareholder
Salt Lake City Office
Main: 801.415.3000
Direct: 801.297.1172
dtufts@djplaw.com

David W. Tufts is an experienced trial attorney who has handled a wide array of business litigation matters, including state and federal trials as first chair and appeals before the Utah Supreme Court and Court of Appeals.

Mr. Tufts has enjoyed the privilege of serving as an advocate in the courtroom on behalf of his clients' business interests for more than 15 years. In so doing, Mr. Tufts has acquired substantive legal expertise and practical courtroom experience applying the rules of law to a broad array of commercial and business matters. This includes such areas as contract disputes, enforcement of security interests in real and personal property, defending allegations of commercial fraud, securities fraud, and defamation, enforcement of intellectual property rights, unfair competition, unjust enrichment, technology disputes, construction matters, mechanics liens enforcement, employment disputes, and real property matters. In addition to trial work, Mr. Tufts has significant experience in successfully obtaining pre-judgment relief and related remedies, including obtaining summary judgments for clients, writs of replevin, writs of attachment, and preliminary injunctions.

Mr. Tufts joined DJP in 1999 after spending the first four years of his practice training as a litigation associate in the Los Angeles office of a nationally ranked 700+ lawyer law firm. Although he spends most of his time in Utah courtrooms, Mr. Tufts continues to actively litigate cases pending in California's state and federal courts. For Utah-based clients who are being sued in California this has proven to be a cost-effective way to handle disputes that arise from interstate commercial activities. Mr. Tufts has successfully obtained dismissals of Utah clients who have been improperly sued in California.

Mr. Tufts has twice been nominated by his peers as one of Utah Business magazine's "Legal Elite" in the area of Business Litigation. Recently, based upon the recommendation of the Supreme Court's Committee on Professionalism, the Utah Supreme Court appointed Mr. Tufts to serve as a mentor for the New Lawyer Training Program during its 2010 inaugural year.

Mr. Tufts is active in community service and in pro bono matters. He currently serves as a Unit Commissioner for the Boy Scouts of America. In 2006 the Utah Supreme Court appointed Mr. Tufts to serve as Judge Pro Tempore in the Small Claims Division of the Second District Court, Layton, Utah. In this capacity, Mr. Tufts sits as judge once a month. He has decided more than 70 small claims trials since 2006.

Within the firm, Mr. Tufts serves as Chairman of DJP's Recruiting Committee. He is the past Chairman of the firm's Associate Development Committee.

PRACTICE AREAS

Litigation

  • Commercial Litigation
  • Appellate Practice

EDUCATION

Brigham Young University, J. Reuben Clark Law School - J.D. (1995)

  • Executive Editor, Brigham Young University Law Review
  • Best Brief, Western Region, Giles Sutherland Rich Moot Court Competition (1995)
  • President, Student Chapter, American Intellectual Property Law Association (1994–1995)

Brigham Young University - B.S., Civil Engineering (1992)

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FIRM MANAGEMENT

  • Board Member
  • Chair, Recruiting Committee
  • Past Chair, Associate Development Committee

ADMITTED TO PRACTICE

  • All State and Federal Courts in Utah and California
  • United States Courts of Appeals for the Ninth, Tenth and Federal Circuits
  • United States Supreme Court

INDUSTRIES

  • Banking and Financial Services
  • Construction
  • Financial
  • Real Estate
  • Technology

ADDITIONAL LANGUAGES

  • French

PROFESSIONAL AND CIVIC ACTIVITIES

  • Mentor, New Lawyer Training Program, Utah State Bar
  • Named as "Legal Elite" in Utah Business magazine
  • Judge Pro Tempore, Second Judicial District, Utah
  • Unit Commissioner, Boy Scouts of America

PUBLICATIONS

  • Taking a Look at the Modern Takings Clause Jurisprudence: Finding Private Property Protection Under the Federal and Utah Constitutions, 1994 B.Y.U. L. Rev. 893

REPRESENTATIVE CASES/DEALS

  • SS3, LLC v. Hosseini, Case No. 10040894, Third Judicial District, Salt Lake County, Utah (2010) (nullifying wrongful property lien)
  • A&A Smart Shopping, Inc. v. CirTran Beverage Corporation, Case No. KC054487, Los Angeles County Superior Court, California (2010) (five day trial)
  • Pinder v. Robbins, Case No. 080500709, Third Judicial Court, Wasatch County, Utah (2010) (granting summary judgment under Utah's One Action Rule)
  • Bank of Utah v. Burt Investment Company, LLC, et al., Case No. 090700766, Second Judicial District, Davis County, Utah (2009) (granting prejudgment writ of replevin)
  • digEcor, Inc. v. e.Digital Corporation, Case No. 02:06-CV-00437, United States District Court, District of Utah (2009) (eight day trial)
  • The Real Estate Mall, Inc. v. Western National Real Estate Trust, Inc. et al., Case No. 090909151, Third Judicial District, Salt Lake County, Utah (2009) (unlawful detainer)
  • Lahey v. Moore, Case No. 090903595 (2009) (temporary restraining order and preliminary injunction)
  • Finisar Corporation v. Quintessence Photonics Corporation, Case No. PC044066, Los Angeles County Superior Court, California (2008) (granting prejudgment writ of attachment)
  • Dr. Stewart T. Landau, M.D., P.C. v. Zions First National Bank, Case No. 050907264, Third Judicial District, Salt Lake County, Utah (2007) (negligent processing of forged checks)
  • Leatham Limited Partnership, LP v. Archibald & Cache County, Civil No. 04102639, First Judicial District, Cache County, Utah (2007) (public road and prescriptive easement dispute)
  • Machock v. Fink, 2006 UT 30, 137 P.3d 779, aff'g 2004 UT App 375, 101 P.3d 404 (application of Utah's foreclosure deficiency statute to a loan guarantor)
  • Smile Inc. Asia Pte. Ltd. v. BriteSmile Mgmt., Inc., 2005 UT App 381, 122 P.3d 654 (motion to compel arbitration)
  • Corinthian Colleges, Inc. et al. v. Elgan, Matter No. 77 420 00422 04, American Arbitration Association (2004) (breach of contract and fraud claims)

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