For more than 25 years, Peggy Tomsic has successfully represented defendants and plaintiffs in trials and appeals involving business litigation in federal and state courts in the Intermountain West, in California, and on the East Coast. Her business litigation practice includes trade dress, trademark, and patent infringement; breach of contract; breach of fiduciary duty; common law fraud; securities fraud; and eminent domain. She also has extensive experience representing clients in mediation, arbitration, and grand jury proceedings. In 2008, Peggy expanded her practice to include serving as a mediator and arbitrator. Peggy was awarded an AV rating by Martindale-Hubbell (TM) in 1994. She was recognized by her peers from 2006-2009 as one of the Legal Elite in Utah; was recognized in 2007, 2008, and 2009 in Super Lawyers (TM) as one of the Top Attorneys in Business Litigation; and was listed in 2008-2009 in Marquis Who's Who in America. Peggy was born in Price, Utah and grew up in Moab, Utah. Peggy has been named in Super Lawyers (TM) magazine as one of the top attorneys for 2007-2009 in the Mountain States region. Peggy was co-counsel with Magleby Cataxinos & Greenwood partner James E. Magleby in a more than five-week jury trial, in which the firm won a unanimous verdict of over $133 million for the firm's clients in a theft of trade secret, breach of Confidentiality Agreement, and breach of fiduciary duty case. The jury verdict was affirmed by the Utah Supreme Court in May 2016.
Areas Of Practice
- Deceptive Trade Practices
- RICO Act
- Unfair Competition
- Contract Litigation
- Eminent Domain
- Construction Contract Litigation
- Copyright Litigation
- Intellectual Property Litigation
- Patent Litigation
- Trade Dress Litigation
- Trade Secret Litigation
- Trademark Litigation
- Complex Litigation
- Federal Appellate Practice
- Federal Trial Practice
- Multidistrict Litigation
- State Appellate Practice
- State Trial Practice
- Securities Fraud & Insider Trading
- Utah, 1982
- U.S. District Court District of Utah
- U.S. District Court Southern District of New York
- U.S. Court of Appeals 2nd Circuit
- U.S. Court of Appeals 10th Circuit
- U.S. Court of Appeals 9th Circuit
- University of Utah College of Law, Salt Lake City, Utah
- Honors: Order of Coif
- University of Utah, Salt Lake City, Utah
- Honors: cum laude
- Major: English
- USA Power, LLC, et al. v. PacifiCorp, et al., 2010 UT 31, 2010, Utah
- Dummar v. Lumis, 543 F.3d 614, 2008, 10th Cir.
- Natural Organics, Inc. v. Nutraceutical Corp., 271 Fed. Appx. 89, 2008, 2d Cir.
- McCowin v. Salt Lake City Corp., 176 P.3d 492, 2008, Utah Ct. App.
- Committee on the Conduct of Attorneys v. Oliver, 510 F.3d 1219, 2007, 10th Cir.
- Kilpatrick v. Wiley, Rein & Fielding, 37 P.3d 1130, 2001, Utah
- American Cyanamid Co. v. Nutraceutical Corp., 54 F. Supp. 2d 379, 1999, D.N.J.
- USA Power, LLC v. PacifiCorp, 372 P.3d 629 (2016)
- Kitchen v. Herbert, 961 F.Supp.2d 1181, 2013, United States District Court, Utah, Central Division
- Kitchen v. Herbert, 755 F.3d 1193, 2014, 10th Cir.
- Dietary Supplement Industry
- Trial Advocacy, University of Utah Law School, 2001 to 2008
Honors and Awards
- 2015 Christine Durham Utah Woman Lawyer of the Year
- 2015 YWCA Outstanding Achievement Award Winner – Law
- America’s Top 100 Attorney’s Lifetime Achievement – Utah
- 2016 Dr. Kisten Ries Community Service Award
Professional Associations and Memberships
- Salt Lake Chamber of Commerce, Member, 2008
Past Employment Positions
- Berman, Tomsic & Savage, Managing Partner, 1983 to 2005
- Tomsic & Peck, Founding Member, 2005 to 2009
Pro Bono Activities
- United States District Court for the District of Utah Disciplinary Committee, 1997 to 2007