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Mr. Mackay is a shareholder of Ray Quinney & Nebeker in the firm's litigation section. Mr. Mackay is recognized by his peers as one of The Best Lawyers in America in Antitrust Law and maintains an AV rating with Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics. Mr. Mackay has been voted by his peers throughout the state as one of Utah’s Legal Elite in the category of Business Litigation (as published in Utah Business Magazine). Mr. Mackay’s practice involves complex business litigation, with an emphasis on antitrust litigation, unfair competition and business torts, corporate litigation, shareholder disputes, shareholder derivative litigation, securities litigation, network marketing and distributorship terminations, and product liability litigation. Mr. Mackay has broad experience in class-action litigation including cases transferred for national multi-district litigation (MDL) proceedings.
In addition to commercial litigation, Mr. Mackay has litigated numerous antitrust cases under Sections 1 and 2 of the Sherman Act, the Clayton Act, and the Robinson-Patman Act in industries that include various software products and software markets, managed health care, hospitals, chemicals, airplane fuel, health supplements, baked goods, waste products, gas stations, and real estate. He counsels large and small companies in implementing antitrust compliance programs, and document retention policies, and in responding to government inquiries and subpoenas. Mr. Mackay is also a member of the firm’s product liability section, where he defends mass tort actions on behalf of pharmaceutical and medical device manufacturers, with a current emphasis on MDL litigation surrounding prescription drugs and cox-2 inhibitors.
EDUCATION
University of Virginia, J.D., 1994
Editor, Virginia Tax Review
Award for Best Legal Writing
Dartmouth College, B.A., Government, 1990
cum laude
NCAA Post Graduate Scholar
NCAA Academic All-American (1986, 1990)
PRACTICE AREAS
Antitrust and Trade Regulation Law and Litigation
Intellectual Property Law and Litigation
Litigation
Products Liability Litigation
Securities Litigation
PRIOR PROFESSIONAL EXPERIENCE
Judicial Clerkship, Honorable Dee V. Benson, Utah, 1995-96
Judge Pro Tempore, 1996-1998
ADMITTED TO PRACTICE
Utah State Bar, 1994
United States Court of Appeals, Tenth and Eighth Circuits
United States District Court, District of Utah
PUBLICATIONS AND PRESENTATIONS
Contributing Editor, Business Torts: Fifty-State Guide, Aspen Publishers, 2007 Edition
Article, 'Safe Harbor' or 'Treacherous Undertow' - Will Your Business Sink or Swim with Changes in Electronic Discovery Rules?, The Enterprise, March 2007
Lecture, Electronic Discovery: The New Rules and Your Clients' Obligations, December 2006
Lecture, Marketing, Distribution and Purchasing: Big Antitrust Problems for Small Business, Utah State Bar Spring Convention CLE, March 2006
PROFESSIONAL AND CIVIC ACTIVITIES
Secretary, Antitrust & Unfair Competition Law Section of the Utah State Bar, 2005-2006
Founding Officer of Antitrust & Unfair Competition Law Section of the Utah State Bar
Utah State Bar, Litigation Section
American Bar Association, Antitrust Section |
