Erin T. Middleton

Associate Erin Middleton practices employment law and commercial litigation. She has successfully represented clients before state and federal courts and administrative agencies in disputes involving a wide range of legal issues. In addition, Middleton has significant experience helping businesses solve employment issues and advising employers about their rights and obligations. Prior to beginning her practice, Middleton served as a law clerk to Chief Justice Christine M. Durham of the Utah Supreme Court.

Education

University of Utah, S. J. Quinney College of Law - J.D. (2005)

  • Order of the Coif
  • Note and Comment Editor, Utah Law Review (2004-2005)
  • William H. Leary Scholar (2002-2005)
  • Legal Writing TA (2004-2005)

University of Utah - B.A., English, magna cum laude; H.B.A., French, magna cum laude (2002)

  • Phi Beta Kappa

Admitted to Practice

  • United States Court of Appeals for the Tenth Circuit

Prior Professional Experience

  • Law Clerk, Chief Justice Christine M. Durham, Utah Supreme Court

Professional and Civic Activities

  • Barrister, Aldon J. Anderson American Inn of Court (2010–present)
  • Member, Executive Board of the Young Lawyers’ Division of the Utah State bar (2009-present)
  • Co-Chair, Community Service Committee of the Young Lawyers Division (2009–present)
  • Member, Community Services Committee of the Young Lawyer’s Division (2008–2009)
  • Organized SK to benefit the YWCA of Salt Lake (2009-2011)
  • Co-Team Leader, Tuesday Night Bar (2009–present)
  • Member, Employment Law and Litigation Sections, Utah State Bar
  • Member, Women Lawyers of Utah
  • Named in Utah Business magazine’s "Legal Elite"
  • Named as a Mountain States Super Lawyers “Rising Star”

Publications

  • "The Fast Track to Disparity: How Federal Sentencing Practices along the Southwest Border Are Undermining the Sentencing Guidelines and Violating Equal Protection," 2004 Utah L. Rev. 827

Representative Cases/Deals

Representative employment experience includes:

  • Obtaining summary judgment upholding a contract containing anti-competitive covenants between client and former executives;
  • Successfully defending employers against claims of harassment and discrimination;
  • Successfully defending client against wrongful discharge claim brought by a former employee;
  • Successfully defending client in unemployment claim before the Division of Workforce Services where employer had “just cause” to discharge the employee;
  • Drafting employment and confidentiality agreements in conjunction with a multi-million dollar stock purchase agreement;
  • Drafting complex executive employment agreements and severance agreements;
  • Advising clients about legal requirements as they make decisions concerning employee discipline, terminations, and reductions in force;
  • Advising clients about adopting policies and practices that comply with state and federal law, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and the National Labor Relations Act; and
  • Obtaining favorable appelate ruling that recruiters were not exempt employees under the Fair Labor Standards Act and were entitled to overtime pay, Clements v. Seru, 530 F. 31 1224 (2008)

Representative litigation experience includes:

  • Obtaining appointment of a receiver to manage limited liability company due to dispute between the members regarding who had authority to manage and bind company;
  • Successfully defending client from claim that client failed to implement an adequate litigation preservation policy and spoliated relevant documents, Velicoty Press, Inc. v. Key Bank N.A., 2011 WL 158 4720  LD. Utah (April 26, 2011);
  • Successfully reducing a damages claim by millions of dollars in a contract enforcement action before the American Arbitration Association;
  • Obtaining prejudgment writ of attachment on behalf of lessor in a lease dispute;
  • Obtaining summary judgment in favor of client because the court lacked subject matter jurisdiction;
  • Obtaining trial verdict in favor of client in breach of contract action; and
  • Resolving disputes in mediations and in informal settlement negotiations.