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. Within the firm, Mr. Tufts currently serves as Chair of the Litigation Group, which is the largest section of the firm.
Mr. Tufts has served as an advocate in the courtroom on behalf of his clients’ business interests for more than 20 years in a broad array of commercial and business matters. This includes such areas as enforcement of merger and acquisition obligations, defense of consumer class action claims, disputes involving commercial fraud, securities fraud, and defamation, enforcement of trade secrets, trademarks, patents, copyrights and other intellectual property rights, unfair competition, noncompetition agreements, nondisclosure agreements, technology disputes, contract disputes, enforcement of security interests, 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 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 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 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 currently serves as a member of the Ethics and Discipline Committee of the Utah Supreme Court, and as a member of The Character and Fitness Committee of the Utah State Bar. Mr. Tufts previously served as a Mentor for the Utah State Bar New Lawyer Training Program.
Mr. Tufts is active in community service and in pro bono matters. Mr. Tufts served as a Judge Pro Tempore 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 contested small claims trials. He is a past Scoutmaster of Troop 1379 and has served as a Unit Commissioner for the Boy Scouts of America. He was coach of the Woods Cross High School Mock Trial Team, when the team won the statewide mock trial championship for the very first time.
Mr. Tufts previously served as a member of the firm’s Board of Directors for eight years, and before that as Chair of the firm’s Recruiting Committee and as Chair of the firm’s Associate Development Committee.
Mr. Tufts is rated by his peers as “AV Preeminent” as recognized by Martindale-Hubbell. Mr. Tufts has been recognized by Best Lawyers, rated as “Top 100” in Commercial Litigation by Mountain States Super Lawyers, and named as “Legal Elite” by Utah Business Magazine.
- Chair, Durham Jones & Pinegar Litigation Section
- Member, Ethics and Discipline Committee of the Utah Supreme Court
- Past 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