Mr. Toth is a shareholder and Chair of the Firm's Litigation Section. Mr. Toth practiced law for six years in Houston, Texas before returning to Utah. Mr. Toth's practice involves all types of commercial litigation with an emphasis on antitrust and unfair competition matters, including claims under the Sherman Act, Clayton Act, and Robinson-Patman Act. In addition, he has expertise in counseling both large and small companies in establishing effective antitrust compliance programs, and responding to inquiries from the Federal Trade Commission and U.S. Department of Justice. His clients include multi-national chemical companies, members of the health care industry and retailers. Mr. Toth also has extensive experience representing plaintiffs and defendants in product liability, toxic tort, medical malpractice, and premises liability claims throughout the country. He has represented manufacturers and distributors of automobiles, heavy equipment, medical devices, prescription drugs, sports equipment and other products.

Mr. Toth joined the Firm after serving as Assistant General Counsel to the Salt Lake Olympic Committee where he managed a wide range of litigation matters, including trademark enforcement, licensing disputes, construction claims, and wrongful termination claims.

Mr. Toth has been recognized as one of the leading lawyers for litigation in Utah by:

• Chambers USA: America's Leading Lawyers for Business as a leading attorney in General Commercial Litigation in Utah (2007, 2008, 2009, 2010 editions)



• Euromoney's Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms and Attorneys as a "Future Star" (2009 and 2010 editions)



• The Best Lawyers in America for Antitrust Law (2010 edition)



• Mountain States Super Lawyers for Business Litigation and Antitrust Law (2010)



• Utah Business Magazine's "Legal Elite" in the categories of Business Litigation and Personal Injury Law (as published in Utah Business Magazine) (2004-2010 editions)

Mr. Toth also maintains an “AV” rating with Martindale-Hubbel, which is the highest rating awarded to attorneys for professional competence and ethics.

RECENT NEWS

EDUCATION

• Note & Comment Editor, UTAH LAW REVIEW
• William H. Leary Scholar, 1989-1992

• cum laude
• Phi Beta Kappa, Phi Kappa Phi
• Pacesetter Award (Outstanding Graduating Senior in Political Science)

PRIOR PROFESSIONAL EXPERIENCE

• The Salt Lake Organizing Committee for the Olympic Winter Games; Assistant General Counsel, 2000-2002
• Van Cott, Bagley, Cornwall & McCarthy; Associate, 1999-2000
• Weil, Gotshal & Manges LLP; Associate, 1993-1999
• The Honorable Aldon J. Anderson, United States District Court for the District of Utah; Judicial Law Clerk, 1992-1993

ADMITTED TO PRACTICE

• Utah State Bar (All Utah Courts)
• Texas State Bar (All Texas Courts) (Inactive)
• United States Court of Appeals for the Second Circuit
• United States Court of Appeals for the Fifth Circuit
• United States Court of Appeals for the Seventh Circuit
• United States Court of Appeals for the Tenth Circuit
• United States District Court for the Southern District of Texas
• United States District Court for the Eastern District of Texas
• United States District Court for the District of Utah

PROFESSIONAL AFFILIATIONS AND MEMBERSHIPS

• Founder and President, Antitrust & Unfair Competition Law Section of the Utah State Bar, 2005-2006
• Executive Committee, Litigation Section of the Utah State Bar, 2000-2006
• Panel Member, Ethics and Discipline Committee of the Utah Supreme Court, 2001-2007
• Member, Antitrust Section of the American Bar Association, 2001-Present
• Member, Robinson-Patman Committee, 2003-Present
• Member, College of the State Bar of Texas, 1996-1999
• Member, Pro Bono College of the State Bar of Texas, 1996-1999
• Member, Salt Lake Chamber of Commerce Capitol Club (2009-Present)

PUBLICATIONS AND PRESENTATIONS

• Lecture, Ethics and Litigation Primer for In-House Counsel, CLE Presentation, November 5, 2008
• Co-Author, Business Torts: A Fifty-State Guide (Utah Chapter), Aspen Publishers 2007, 2008
• Lecture, Antitrust Compliance: Avoiding Penalties and Jail Time in the Post-Enron Era, Utah State Bar Annual Convention CLE, July 2006
• Lecture, Marketing, Distribution and Purchasing: Big Antitrust Problems for Small Business, Utah State Bar Spring Convention CLE, March 2006
• Article, Antitrust Compliance: Are You Sure Your Company is Safe?, Utah Business, May 2005
• Article, Minimum & Maximum Resale Price Maintenance, The Enterprise, May 9, 2005
• Article, Fighting Back on the Internet: A Primer on the Anticybersquatting Consumer Protection Act, Utah Bar Journal, November 2001
• Lecture, Current Developments in Product Liability Claims for Medical Devices and Prescription Drugs, Houston Bar Association CLE, December 1999
• Article, Prescription Drugs and Medical Devices: The Impending Impact of the Restatement (Third) of Torts in Texas, Houston Lawyer, March/April 1997
• Article, Texas Usury Law: When is a Borrower’s Promise to Repay Absolute?, Caveat Vendor, Texas State Bar Consumer Law Section December 1995 (republished with permission)
• Article, Litigating the Motion for Relief from the Automatic Stay, 4 J. Bankr. L. & Prac. 459 (July/August 1995)
• Article, Curbing Consumer Bankruptcy Abuse: Section 707(b) May Provide Creditors a Useful Tool, Texas Bar Journal, April 1995
• Article, Texas Usury Law: When is a Borrower’s Promise to Repay Absolute?, Houston Lawyer, September/October 1994
• Article, Rehabilitating Bankruptcy Code Section 506(c): Should Third Party Claimants Have Independent Standing?, 16 W. New Eng. L. Rev. 1 (1994)
• Note, Colman v. Utah State Land Board: Searching for a Balanced Approach to Takings under the Utah Constitution, 1991 Utah L. Rev. 505
• Development, Revisions to Utah’s Labor Code, 1991 Utah L. Rev. 244