David W. Tufts
Location: Salt Lake City
David W. Tufts is an experienced trial attorney who has handled a broad 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 served as an advocate in the courtroom on behalf of his clients’ business interests for 20 years. In so doing, Mr. Tufts has acquired substantive courtroom experience and achieved successful results in 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 trade secrets, trademarks, patents, copyrights and other intellectual property rights, unfair competition, non competition agreements, non disclosure agreements, unjust enrichment, technology disputes, construction matters, mechanics lien 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. For example, Mr. Tufts’ courtroom advocacy was instrumental in advancing the doctrine that a loss of bargained-for contractual leverage may qualify as irreparable harm for the purpose of obtaining injunctive relief in Utah. ZAGG v. Harmer, 2015 UT App 52, 345 P.3d 1273 (Utah 2015) (recognizing the loss of bargained-for contractual leverage as basis for granting preliminary injunction).
Mr. Tufts is also known for his expertise in obtaining successful results in cases involving the Federal Truth-in-Lending Act (and Regulation Z), the Federal Real Estate Settlement Procedures Act (and Regulation X), the Utah One-Action Rule, the Utah Trust Deed Act, and similar laws that govern the relationships between lender, borrower and guarantor. Machock v. Fink, 2006 UT 30, 137 P.3d 779 (Utah 2006) (clarified the application of Utah’s One-Action Rule between lender and guarantor).
Mr. Tufts joined D|J|P 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 now spends most of his time in Utah courtrooms, Mr. Tufts continues to actively litigate and try cases pending in California’s state and federal courts. This has proven to be a cost-effective way to handle disputes for clients who need to access the California Courts. Mr. Tufts has successfully obtained dismissals of Utah clients who have been improperly sued in California.
Mr. Tufts has been selected as one of the Mountain States Super Lawyers and has been nominated by his peers as one of Utah Business magazine’s “Legal Elite” in the area of Business Litigation for many consecutive years. In 2014, 2015 and 2016, Mr. Tufts was identified as one of the Top 100 Super Lawyers in the Mountain States, which covers Utah, Nevada, Idaho, Montana and Wyoming.
In 2010, 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 inaugural year. Since then he has mentored four new members of the Bar.
Mr. Tufts is active in community service and in pro bono matters. In 2011-2012, he was a volunteer coach of the Woods Cross High School Mock Trial Team, when the team won the statewide mock trial championship for the very first time. He is a past Unit Commissioner for the Boy Scouts of America and currently as the Scout Master of Troop 1379. In 2006 the Utah Supreme Court appointed Mr. Tufts to serve as a Judge Pro Tempore, where he served for nine years in the Small Claims Division of the Second District Court, Layton, Utah, and in the Davis Justice Court, Farmington, Utah. In this capacity, Mr. Tufts sat as judge once a month and decided more than 125 small claims trials. Mr. Tufts currently serves as a member of the Character and Fitness Committee of the Utah State Bar.
Within the firm, Mr. Tufts previously served as a member of the Board of Directors for six years, and before that as Chairman of the firm’s Recruiting Committee and as Chairman of the firm’s Associate Development Committee.
- Member, Durham Jones & Pinegar Board of Directors
- Past Chair, Durham Jones & Pinegar Recruiting Committee
- Past Chair, Durham Jones & Pinegar Associate Development Committee
- Former Judge Pro Tempore, Second District Court, Layton, and Davis Justice Court, Farmington, Utah
- Mentor, New Lawyer Training Program
- Member, Character and Fitness Committee of the Utah State Bar
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)
All State and Federal Courts in California
All State and Federal Courts in Utah
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Tenth Circuit
United States Supreme Court