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Erik A. Olson
Erik Olson is a leading Utah trial attorney with substantial experience trying complex commercial litigation cases in federal and state courts. He has won dozens of cases at trial, on appeal, and at summary judgment, and has obtained favorable client settlements in hundreds of cases. Mr. Olson specializes in intellectual property litigation, including misappropriation of trade secrets and infringement of copyright, patent, and trademark, as well as complex accounting, real estate, and other business disputes.
Most recently, Mr. Olson has successfully represented both plaintiffs and defendants in multiple cases involving alleged breaches of employment covenants (covenants not to compete, nondisclosure agreements, and employee nonsolicitation covenants), claims for misappropriation of trade secrets, and other business torts. Additionally, Mr. Olson has collected millions of dollars for banks, private lenders, and judgment creditors in complex matters often involving alter ego claims, fraudulent transfers, and successor liability.
Since completing a judicial clerkship with Justice Leonard H. Russon of the Utah Supreme Court, Mr. Olson has handled numerous appeals for clients, which have resulted in significant Utah decisions in landlord-tenant law, employment law, and the law of damages.
Durham Jones & Pinegar prides itself on recruiting and mentoring young trial attorneys with the drive and ability to go to court and win cases for clients from the moment they complete law school and judicial clerkships. Mr. Olson, who began his legal career as the firm's first summer associate and has taken an active role in firm recruiting and associate development since that time, is no exception. Mr. Olson has been recognized by his peers as a rising star in the Utah legal community, having been named to Utah Business's Legal Elite four years in a row and Mountain States Super Lawyers' Rising Stars list three years running.
Mr. Olson is creative and flexible in negotiating client fee agreements that give clients the most bang for their buck, and he prides himself on ensuring frequent communication and teamwork with clients and formulating attorney teams appropriate to each case.
PRACTICE AREAS
EDUCATION
University of Utah, S. J. Quinney College of Law - J.D. (1999)
- Editor-in-Chief, Utah Law Review
- Finalist, Traynor Moot Court Competition
University of Utah - B.A., English (1996)
ADMITTED TO PRACTICE
- All State and Federal Courts in Utah
- United States Court of Appeals for the Tenth Circuit
- United States Supreme Court
INDUSTRIES
- Technology
- Banking and Financial Services
- Real Estate
ADDITIONAL LANGUAGES
- Italian
PROFESSIONAL AND CIVIC ACTIVITIES
- Named in Utah Business magazine’s “Legal Elite” (2007, 2008, 2009, 2010)
- Named as a Mountain States Super Lawyers “Rising Star” (2009, 2010)
- President and Founding Board Member, Canyon Rim Academy, a community charter school in Salt Lake County (2006-present)
- Judge Pro Tempore, Salt Lake City Justice Court (2002-present)
REPRESENTATIVE CASES/DEALS
- Wadsworth Lake Park, LLC v. Spillman Technologies, Inc., 2009 UT App 210 (after successful trial, granting motion for summary disposition for Wadsworth’s failure to perfect its appeal)
- Kenny v. Rich, 186 P.3d 989 (Utah Ct. App. 2008) (affirming judgment entered after arbitration and trial proceedings in favor of homeowners and HOA for defendant's breaches of CC&Rs, rejecting each of defendant's challenges to trial court rulings, and awarding attorney fees incurred on appeal); cert. denied, 199 P.3d 970 (Utah 2008); cert. denied, ___ U.S. ___, 129 S. Ct. 1628 (2009)
- Ashton v. Learnframe, Inc., 185 P.3d 1135 (Utah Ct. App. 2008) (dismissing competing creditor's appeal of ruling that client's judgment execution sale on judgment debtor's personal and intellectual property was appropriately exercised under fraudulent transfer statute and other relevant law); cert denied, 199 P.3d 970 (Utah 2008); 2009 UT App 172 (granting motion for summary disposition of second appeal based on competing creditor’s failure to perfect appeal)
- TruGreen Companies, LLC v. Scotts Lawn Service, 508 F. Supp. 2d 937 (D. Utah 2007) (excluding under Daubert TruGreen’s expert damages report, dismissing punitive damages claims, and rejecting claim against former TruGreen employees for tortious interference with economic relations; 2007 U.S. Dist. LEXIS 41914 (entering summary judgment against TruGreen on most of its remaining claims against competitor and former employees for tortious interference, breach of noncompetition, nondisclosure, nonsolicitation, and noninterference covenants, and punitive damages); 199 P.3d 929 (Utah 2008) (on certification from federal district court, rejecting TruGreen’s claim for unjust enrichment damages against competitor and former employees on TruGreen’s claims for breach of employment agreements and tortious interference)
- Phone Directories Co. v. Clark, 209 Fed. Appx. 808 (10th Cir. 2006) (affirming award of sanctions to client in copyright infringement and unfair competition case where opposing party violated injunction)
- Aris Vision Institute, Inc. v. Wasatch Property Management, Inc., 143 P.3d 278 (Utah 2006), affirming 121 P.3d 24 (Utah Ct. App. 2005) (affirming trial court's judgment in favor of commercial tenant and against landlord for conversion, wrongful eviction, and forcible detainer, which included an award of costs, attorney fees, and treble damages, and an abatement in future rents due under the lease agreement)
- Still Standing Stable, LLC v. Allen, 122 P.3d 556 (Utah 2005) (reversing trial court's judgment for attorney fees against previous counsel in public road case and explaining standards for awarding attorney fees for bad faith)
- Jacobsen Constr. Co. v. Teton Builders, 106 P.3d 719 (Utah 2005) (clarifying Utah law regarding impact of forum selection clauses on personal jurisdiction analysis in complex commercial construction matter)
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