J. Mark Gibb
Salt Lake City
Mr. Gibb began his career as a Special Assistant Utah Attorney General, and then served as a law clerk for the Hon. J. Thomas Greene in the United States District Court for Utah. Mr. Gibb is a specialist in high profile litigation involving intellectual property, trade secrets, confidentiality agreements, and employment, and is consistently used by a broad group of technology, lender and banking clients. Mr. Gibb also has extensive experience in cases representing receivers and has represented defendants in large investment fraud cases. Mr. Gibb is an expert trial lawyer in cases involving storage, maintenance and production of electronically stored information (ESI) and disputes during e-discovery, and in winning and defending motions for temporary restraining orders and injunctions. Mr. Gibb has provided pro bono services to community organization such as the Utah Youth Soccer Association, Utah Avalanche Girls Soccer Club Foundation, Inc. and has represented players and their parents in eligibility hearings before the Utah High School Athletic Association. Mr. Gibb litigates for individuals, small startups and multi-national corporations in state and federal trial and appellate courts.
Mr. Gibb joined the firm in 1992 as Durham Jones & Pinegar’s first associate. He was elected as a shareholder in 1997 and was appointed by the firm as Litigation Section Chair for 2014-2015. He has received honors from his peers and clients including Utah’s Legal Elite as published in Utah Business Magazine, Mountain States Super Lawyers and Best Lawyers in America.
University of Utah, S. J. Quinney College of Law – J.D. (1990)
- Note and Comment Editor, Journal of Contemporary Law; Journal of Energy Law and Policy
- Teaching Assistant, Legal Writing Program (1989-1990)
University of Utah – B.A., English; Chemistry minor (1987)
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Tenth Circuit
United States District Court, District of Utah
United States District Court, Western District of Texas
United States Supreme Court
Utah Supreme Court
- Law Clerk, Honorable J. Thomas Greene, U.S. District Court for the District of Utah (1991-1992)
- Member, American Bar Association
- Member, Intellectual Property and Litigation Sections, Utah State Bar
- Former Member, Young Lawyers Continuing Legal Education Committee, Utah State Bar
- Named as one of “Utah’s Legal Elite” in Utah Business magazine
- Listed in Mountain States Super Lawyers
- Member, Bonneville School Community Council (2002-2003)
- Coach, Leopard’s Lair Soccer/Firebirds Soccer Club (2001-present)
- TruGreen Companies, LLC v. Scotts Lawn Services, 508 F.Supp.2d 937 – (Represented Scotts former employees) Former employer sued former employees for breach of contract and tortious interference with contractual and/or economic relations. Employer’s expert’s conclusions regarding damages and lost profits were not sufficiently reliable to be admissible. Report stricken. (USDC – Utah 2007)
- PMAA, L.L.C. v. Dell Inc., et al, Case 1:05-cv-0064-TS-DN (USDC – Utah) – Trial counsel in defense of patent and trade secret claims regarding alleged defects in floppy disk controllers. Trial court granted summary judgment on trade secret claim. Jury found for defendants on most patent infringement claims. Later, Federal Circuit reversed and entered judgment in favor of defendants reversing district court adverse inference instruction and trial court’s refusal to enter JMOL of non-infringement at trial. Costs awarded.
cited by Law360 – January 24, 2008, March 31, 2009, September 2, 2010, September 23, 2010, March 18, 2013
InfoLawGroup, LLP on August 4, 2010 (http://www.infolawgroup.com/2010/08/articles/digital-evidence-and-ediscover/the-other-shoe-in-adams-v-dell-drops-gently/)
- ProAxess, Inc. v. Sporoptic Pouillioux, 428 F.3d 1270 (10th Cir. 2005) – (Represented Pro Axess, a distributor) Pro Axess, a Utah distributor brought diversity action against French sunglass manufacturer (Vaurnet) alleging breach of contract. The jury found for Utah distributor and granted judgment for distributor. Tenth Circuit affirmed the verdict on appeal and held that French manufacturer purposefully availed itself of privilege of conducting activities within forum state of Utah.
- Kittredge v. Shaddy, 2001 UT 7, 20 P.3d 285 – (Represented hospitals) Patient filed malpractice action against doctors, medical centers, and hospitals. Trial court entered summary judgment in favor of defendants. Utah Supreme Court affirmed, 20 P.3d 285 (Utah 2001).
- 4447 Assocs. v. First Sec. Financial, 889 P.2d 467 (Utah Ct. App. 1995) – (Represented 4447 Associates) Assignee of asset purchase agreement notified account debtor of existence of assignment prior to account debtor attempting to extinguish debt as part of its settlement, and thus, account debtor could not extinguish account, for reasons not contemplated in underlying contract, without consent of assignee. Also reported subsequently at 973 P.2d 992 (Utah Ct. App. 1999).