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, creating document retention policies, 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 specializes in representing product manufacturers facing product liability, toxic tort, mass tort, 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, wrongful termination claims and other litigation.
Mr. Toth is recognized in Chambers USA: America's Leading Lawyers for Business as a leading attorney in General Commercial Litigation in Utah. He maintains an AV rating with Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics. Mr. Toth has also been voted by his peers throughout the state as one of Utah’s Legal Elite in the categories of Business Litigation and Personal Injury Law (as published in Utah Business Magazine).
EDUCATION
University of Utah College of Law, J.D., 1992
Note & Comment Editor, UTAH LAW REVIEW
William H. Leary Scholar, 1989-1992
University of Utah, B.S., Political Science; B.S., Philosophy, 1989
cum laude
Phi Beta Kappa, Phi Kappa Phi
Pacesetter Award (Outstanding Graduating Senior in Political Science)
PRACTICE AREAS
Antitrust and Trade Regulation Law and Litigation
Litigation
Personal Injury and Insurance Litigation
Products Liability Litigation
Transportation Law
Winter Sports Practice Group
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 Fifth 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 District of Utah
PROFESSIONAL AFFILIATIONS AND MEMBERSHIPS
President, Antitrust & Unfair Competition Law Section of the Utah State Bar, 2005-2006
Executive Committee, Litigation Section of the Utah State Bar, 2000-Present
Panel Member, Ethics and Discipline Committee of the Utah Supreme Court, 2001-Present
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
PUBLICATIONS AND PRESENTATIONS
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 |