Maralyn M. English · Employment and Benefits Government Defense Intellectual Property Mass Tort Defense Trials and Litigation Education J.D., Brigham Young University, J. Reuben

Maralyn M. [email protected]

direct: 801.322.9173fax: 801.363.0400

IntroductionMaralyn English is a litigator whose practice focuses on intellectual property litigation, complex commercial litigation, and employment law.

Maralyn regularly represents companies in intellectual property disputes - including copyright and trademark infringement and misappropriation of trade secrets. Many of these cases are successfully and confidentially settled out of court. In cases that proceed to trial and appeal, her record includes complex trials involving large amounts of money and significant duration.

For example, Maralyn was lead counsel in a five week trial in which the jury held her clients not liable under any of the claims brought against them and awarded her clients in excess of $13 million in damages, including $5 million in punitive damages. Maralyn also served as local counsel for a major software company in a multi-million dollar antitrust case filed against Microsoft. She has represented companies and individuals in lawsuits that have resulted in multi-million dollar settlements or judgments in favor of her clients.

Maralyn also defends public and private sector employers. She leads the firm's Employment Law Group. One of her focuses is preventing employee complaints from becoming lawsuits. She is experienced in cases involving employment policies, ADA, ADEA, FMLA, Title VII, sexual harassment, FLSA, whistle blowing, discrimination, retaliation, wrongful termination and covenants not-to-compete. When employment charges are filed, Maralyn provides a vigorous defense in administrative agencies, arbitration proceedings, and state and federal courts.

Areas of Practice

Class Actions

Commercial Litigation

Employer Defense

Employment and Benefits

Government Defense

Intellectual Property

Mass Tort Defense

Trials and Litigation

Education

J.D., Brigham Young University,

J. Reuben Clark School of Law,

magna cum laude, Order of the

Coif, 1999

B.A., Brigham Young University,

Psychology, 1995

Bar & Court Admissions

Utah State Bar

Utah Federal Court

Tenth Circuit Court of Appeals

United States Supreme Court

Salt Lake City St. George10 Exchange Place 555 South Bluff Street Suite 301Salt Lake City, UT 84111 St. George, UT 84770801.521.9000 435.673.8288

Maralyn helps employers draft noncompetition agreements, nonsolicitation agreements, and nondisclosure agreements. She helps employers enforce those agreements against former employees and their current employers. Maralyn also helps companies hiring employees, to navigate noncompetition, nonsolicitation and nondisclosure agreements which employees entered into with a former employer. She also helps negotiate and draft severence agreements, and execute employment agreements.

Within the firm, Maralyn serves on the firm's Board of Directors. She also serves on the Board of Lone Peak Hospital.

Presentations & PublicationsMaralyn regularly speaks on current employment issues during seminars SCM holds for public and private employers.

Professional & Civic InvolvementAmerican Arbitration Association - National Roster of Arbitrators 2017Lone Peak Hospital - Board of TrusteesSnow Christensen & Martineau - Board of DirectorsSociety for Human Resource ManagementUtah Bar AssociationSherman Christensen, American Inns of Court IDefense Research Institute, LitigationFederal Bar Association

Honors / Awards / Unique RecognitionListed in Best Lawyers in America® for Business LitigationListed among 10 Best in Labor & Employment Law Division with American Institute of Legal Counsel 2016Recognized as Utah Super Lawyer by Super Lawyers MagazineRecognized as Utah Legal Elite by Utah Business MagazineJ. Reuben Clark Award, John S. Welch Award for Outstanding Legal Writing


Unique Recognition - Education

Law School: Brigham Young University, J. Reuben Clark School of Law, 1999Phi Kappa Phi Honor SocietyPhi Delta Phi International Honor SocietyOrder of the CoifBYU Law Review Editorial Board Undergraduate: Brigham Young University, 1995Judicial Clerkship: Honorable Tena Campbell, United States District Court, District of Utah, 1999-2000Judicial Externship: Justice I. Daniel Stewart, Utah Supreme Court, 1998Externship: United States Attorney’s Office

TrialsAntitrust

Lantec v. Novell – Represented Novell in an antitrust lawsuit brought by a Utah corporation and a Brazil corporation. Novell filed counterclaims against the plaintiffs. After six weeks of a jury trial the court entered a directed verdict in favor of Novell. Judgment was also entered in favor of Novell on the counterclaims in an amount exceeding $2 million.

Novell v. Microsoft – Represented Novell as local counsel in an antitrust lawsuit. Jury did not reach a unanimous verdict. Judge entered verdict in favor of defendant.

Contracts

The Canopy Group v. Computer Associates International, Inc. – Represented plaintiff in an action brought against Computer Associates for breach of contract, violation of Lanham and other tort claims. After the jury was selected, the case settled in favor of plaintiff for an amount reported in the press to be $40 million.

Construction Company Litigation – Successfully defended against contract, trade secret and other tort claims asserted against former president of company and his subsequent employer. Successfully asserted business tort and contract counterclaims. After a five-week trial, the jury returned with a multi-million dollar verdict in favor of the firm’s clients.


Kearl v. Rausser – Represented three economists in a lawsuit brought against an economist who had negotiated a sign-on bonus on behalf of the others. The claims asserted included breach of contract, breach of fiduciary duty, fraud, and other tort claims. After a two-week trial the Jury found in favor of the three economists with a $5.2 million verdict.

Appeals

Allan v. Springville City – PUBLIC EMPLOYER DEFENSE – Represented City in action brought by former employer alleging wrongful termination and due process violations. The 10th Circuit upheld the verdict and judgment in favor of the City.

Bennett v. Jones, Waldo, Holbrook & McDonough, Utah Supreme Court – PROFESSIONAL MALPRACTICE DEFENSE - Represented defendant in lawsuit relating to the legal representation of shareholder in federal securities class action lawsuit. Case was dismissed for failure to state a claim and lack of jurisdiction. Dismissal was affirmed on appeal.

Cabaness v. Thomas, Utah Supreme Court – PUBLIC EMPLOYER DEFENSE - Represented City in lawsuit brought by former employee alleging breach of contract and tort claims. Trial court granted summary judgment in favor of City. After the appellate court reversed certain rulings and remanded the case, the parties settled their dispute.

Jensen v. Summit County – United States Court of Appeals, Tenth Circuit - PUBLIC EMPLOYER DEFENSE - Represented County in action in which former employee claimed that he was entitled to severance benefits because he had not been terminated for cause. The trial court entered summary judgment in favor of the County and the Tenth Circuit Court of Appeals affirmed the judgment.

Lantec v. Novell, United States Court of Appeals, Tenth Circuit – ANTITRUST, COMMERCIAL LITIGATION – Appellate court affirmed directed verdict on antitrust claims in favor of Novell, who was represented by the firm.

McElroy v. American Family Insurance, United States Court of Appeals, Tenth Circuit – EMPLOYER DEFENSE - Successfully represented employer against claims of sexual harassment, age discrimination, race discrimination, religious discrimination, retaliation and breach of contract. Summary judgment in favor of employer was upheld on appeal.

Perez v. South Jordan City – PUBLIC EMPLOYER DEFENSE – Successfully represented City in appeal brought by police officer whose employment had been terminated due to his actions during a pursuit as well as the cumulative prior actions resulting in formal discipline. Termination was affirmed by the Utah Court of Appeals.


Pola v. State of Utah – United States Court of Appeals, Tenth Circuit – EMPLOYER DEFENSE - Represented company and company’s management in various claims asserted by a former employee. The Tenth Circuit affirmed dismissal of the complaint for failure to state a claim.

Velarde v. ARUP – EMPLOYER DEFENSE - Represented employer against claim of disability discrimination. The 10th Circuit upheld summary judgment in favor of the employer.

Representative MattersJury awards $13.2 million in damages. Represented a construction company located in South Jordan, Utah and the company's president. The company and its president were sued in state court by one of Utah's largest general contrac-tors. Maralyn was lead counsel and defended the South Jordan construction company and its president in this five-week jury trial. Plaintiff alleged that SCM’s clients had misappropriated trade secrets, breached a shareholder agreement and interfered with its contractual relations by hiring some of its employees. SCM's clients countered that the company which sued them had interfered with their existing and prospective economic relations, defamed them and placed them in a false light. Not only were her clients held not liable under any of the claims brought against them, the jury awarded Maralyn's clients $13.2 million in damages – including $5 million in punitive damages.

Jurors deadlock on lengthy antitrust lawsuit against Microsoft. Novell Inc. filed a lawsuit in U.S. District Court in Utah accusing Microsoft of violating U.S. antitrust laws. Maralyn and another SCM attorney represented Novell as local counsel in this lawsuit. The eight-week trial addressed the outstanding issue of whether Microsoft delayed releasing Windows 95 to keep Novell’s WordPerfect word processing program and Quattro Pro spreadsheet application from gaining a place in the market. The highly publicized case resulted in a deadlocked jury, after which the judge directed verdict in favor of Microsoft.

Summary judgment in wrongful termination lawsuit. Summary judgment in favor of client affirmed in a breach of contract and wrongful termination lawsuit.

Defending manufacturers against patent infringement claim. Representing a U.S. company and an affiliated Japanese company, who manufacture material handling and automation systems, as local counsel in a patent infringement case.


Summary judgment granted in discrimination and retaliation lawsuit. Represented an employer in a lawsuit brought by a former employee who claimed he had been discriminated against on the basis of his age, gender, religion, that the compa-ny had violated FMLA, and he had been subjected to retaliation. The court granted summary judgment in favor of the employer on all claims.

$40 million settlement after first day of trial. A Utah-based investment firm and one of its subsidiaries filed a breach of contract suit against a systems-management software company. The systems-management company had sold $12 million of its software to Maralyn's clients, and then failed to deliver on promises it made related to that sale. Her clients received a $40 million settlement after the first day of trial.

Directed verdict in antitrust case. Maralyn represented an international software company in an antitrust case brought by a Brazilian software company. The court entered a directed verdict in favor of her client after six weeks of trial. The Tenth Circuit Court of Appeals affirmed the ruling.

Multi-million dollar jury verdict. Maralyn represented three economists in a lawsuit they brought against a co-worker who had breached contractual obligations to them and engaged in various business torts. After a two-week trial, the jury awarded her clients $5.2 million in damages.

Permanent injunction entered. Maralyn represented a software reseller in a trademark infringement lawsuit against another software reseller. The court entered a permanent injunction against the software reseller which was infringing her client’s trademarks.

Confidential settlement reached in copyright and trademark infringement case. Maralyn defended a software reseller in two copyright and trademark infringement cases brought by leading software companies. These cases were resolved through confidential settlements prior to trial.

Class action suit. Maralyn is representing one of the insurance companies sued in an antitrust class action lawsuit brought by auto body shops.


Maralyn M. English · Employment and Benefits Government Defense Intellectual Property Mass Tort Defense Trials and Litigation Education J.D., Brigham Young University, J. Reuben

Documents