COMMERCIAL LITIGATION
Sarah leads SpencerWillson’s commercial litigation practice, bringing decades of experience as a commercial litigator.
Known for her client-centered approach, Sarah is committed to achieving results while maintaining the highest standards of ethics and integrity. She has been recognized as a “Best Lawyer” in commercial litigation by Best Lawyers, listed as a Mountain States "Super Lawyer," and named in the peer-nominated "Utah Legal Elite" by Utah Business Magazine.
Sarah’s extensive appellate advocacy experience supports her success in trial courts, giving her a unique advantage in commercial litigation. Known as a “summary judgment lawyer,” Sarah has secured significant case victories without going to trial. Her commitment to clients spans decades, as shown in cases like Utah Transit Authority v. Greyhound, a 12-year case with three appeals, and Feasel v. Tracker Marine, which involved two appeals over 10 years.
Representative Cases
Startup Investor Dispute – Defended a startup against contract claims and inspection demands by an investor seeking to pressure a forced buyout. Filed counterclaims for breach of contract, breach of fiduciary duty, aiding and abetting breach, conspiracy, and tortious interference.
Attorney’s Fee Lien Enforcement – Represented a law firm in asserting a statutory attorney’s lien against a former client’s settlement proceeds and related causes of action. Appeared in the client’s bankruptcy. Obtained recognition of lien and transfer of rights.
Trademark Infringement – Law Firm Slogan – Represented a law firm in a dispute over a competitor’s use of a similar slogan. Evaluated federal and state claims, including likelihood of confusion and secondary meaning.
Trade Secret Defense – Defended companies in cases involving employee poaching and trade secret misappropriation. Addressed claims under Utah’s Uniform Trade Secrets Act and common-law unfair competition.
Copyright Infringement in Software Venture – Represented a software developer in a dispute over ownership of jointly created code. Claims included copyright infringement, fraud, and breach of fiduciary duty.
Unauthorized Lending and UCC Claims – Challenged a loan and related encumbrances by a business partner acting without authority. Asserted that the real estate lien failed under Utah Code § 57-1-1 et seq. and that the personal property lien failed under Article 9 of the Utah UCC.
Newspaper Joint Operating Agreement Litigation – Co-counsel in litigation seeking to preserve the Salt Lake Tribune's independence. Represented public-interest group Citizens for Two Voices. Suit challenged modifications to joint operating agreement with the Deseret News. Settlement preserved editorial independence.
Fraudulent Transfer / Alter Ego / Auction-Rigging – Sued successor companies and related individuals after a public auction. Alleged fraudulent transfer, alter ego, and civil conspiracy. Pursued post-judgment recovery against relatives of debtor who received assets without value.
Successor Liability Defense – Defended business buyers against claims seeking to impose liability for obligations of sellers under de facto merger and continuation theories.
Promissory Note Defense – Defended against claims on a demand note. Asserted that claims were time-barred under Utah Code § 70A-3-118. Obtained summary judgment on statute of limitations.
Indemnification and Insurance Claims – Represented a transportation company accused of breaching an indemnification agreement. Dispute included allegations of failure to procure insurance coverage.
Franchise Disclosure Litigation – Represented franchisees challenging disclosure documents under federal and state law. Cases involved print, property management, and specialty photo booth franchises.
Securities Fraud / Insider Trading – Handled matters involving penny stock issuers and claims of securities fraud, including allegations of insider trading and misstatements in offering materials.
Interference and Fiduciary Claims – Represented clients in disputes over broken deals and diverted opportunities. Asserted and defended claims for tortious interference, civil conspiracy, aiding and abetting, and fraud.
Derivative Litigation – Represented corporations and LLCs defending derivative suits by shareholders or members. Also represented minority owners bringing derivative claims for breach of fiduciary duty and self-dealing.
Equitable Relief and Promissory Claims – Litigated claims for promissory estoppel, unjust enrichment, and constructive trust. Sought equitable remedies including specific performance and rescission.
Warranty Claims Under UCC – Won summary judgment in favor of seller defending against implied and express warranty claims under Utah’s Uniform Commercial Code.
FTC Enforcement Defense – Defended clients in enforcement actions brought by the FTC. Co-counsel in FTC v. IWorks, one of the FTC’s largest consumer fraud cases. Addressed claims of deceptive trade practices and asset transfers.
Employee Wire Fraud / Wrongful Termination Counterclaims – Represented a mortgage lender suing a former employee who wired loan proceeds to a hacker. Defeated wrongful termination counterclaims. Obtained summary judgment.
Hotel Franchise Indemnity Defense – Obtained dismissal of claims against hotel franchisee sued under an indemnity agreement.
APA / Guaranty Dispute – Defended buyer and guarantor in a post-closing dispute under an asset purchase agreement. Claims included breach and conversion.
Medical Lease Guarantor Defense – Defended an individual against a landlord’s claim on a personal guaranty. Dispute arose after the medical tenant defaulted.
LLC Member Securities Dispute – Represented LLC members sued for fraud related to a software/hardware startup. Claims included state and federal securities fraud, and misrepresentation in private offering.
Nutraceutical License Dispute – Represented supplement company sued by a former licensee for breach of contract, fraud, and unjust enrichment. Dispute involved trademark rights and product royalties.
Cross-Border Transportation Dispute – Secured prejudgment writ of attachment against a South Korean company in a contract dispute involving logistics and nonpayment.
Hotel Franchise Fraud Claims – Represented a foreign national in a fraud and contract dispute involving a themed hotel franchise. Claims included misrepresentation, breach, and failure to register franchise disclosures.
