Jonathan O. Hafen

Jonathan Hafen has extensive experience representing clients in federal and state courts. He has been widely praised by clients and peers for his skilled and efficient approach to litigation. As a trial lawyer, Mr. Hafen handles a wide variety of litigation, including cases in the areas of securities law, employment law, breach of contract, land disputes, road disputes, intellectual property, disputes over ownership and control of businesses, class actions, and construction law.

Mr. Hafen’s clients have enjoyed significant successes both at trial and in negotiated settlements. Recent trial victories include a jury award of $2.3 million for defamation and tortious interference, an arbitration award dismissing a senior employee’s multi-million claim for breach of contract, a bench trial judgment in excess of $600,000 in a breach of contract action, and an award following a bench trial that a disputed road leading to a 10,000 acre ranch in the Uinta Mountains is public. Settlements include a $15 million recovery in a securities fraud action, a $2 million mediated settlement in an accounting malpractice action, a $2 million mediated settlement in a product liability case, and a $500,000 recovery for breach of a non-solicitation contract. Mr. Hafen has successfully defended companies facing claims for securities fraud, breach of contract, employment discrimination, usurping corporate opportunities, and shareholder oppression.

Mr. Hafen has represented major national corporations, including Walgreens, Lloyds of London, eCollege.com, and Merrill Lynch, as well as some of Utah’s leading companies, including StoresOnline, Merit Medical, Franklin Covey, Mountain West Telecom, InsideOut Consulting, ListMarketer Software, Hearts for Hospice and Datamark. Other representative clients include Eleutian Technology, Technology Integration Group, and Star Buffet.

Mr. Hafen has also defended a number of prestigious Utah law firms and lawyers facing claims for legal malpractice. Mr. Hafen’s clients have enjoyed significant success in such matters. References are available upon request.

In addition to acting as an advocate, Mr. Hafen is available as a mediator. In that capacity, he favors an activist approach, which includes assisting parties in recognizing the potential weaknesses of their claims and defenses. Mr. Hafen employs strategic negotiation involving more than merely carrying offers from one party to another. Mr. Hafen is also available to serve as an arbitrator for parties seeking to retain a private judge.

With years of experience dealing with companies facing claims of mismanagement and fraud, Mr. Hafen is qualified to serve as a private or Court-appointed Receiver in cases where a company has been compromised by actual or alleged misconduct of its owners or executives. He is available to conduct independent investigations of allegations of misconduct raised by shareholders of companies or members of limited liability companies.

Mr. Hafen is heavily involved in work for charitable organizations, and currently serves as Chairman of the Board of Tuacahn Center for the Arts and for Tuacahn High School for the Performing Arts, which is one of Utah’s first and most successful charter schools. He supports numerous professional organizations, holding leadership positions with the Federal Bar Association, the Utah State Bar Litigation Section, BYU Alumni Association, BYU Law School Alumni Association, and the J. Reuben Clark Law Society. He has served for a number of years on the Utah Supreme Court Advisory Committee on the Rules of Civil Procedure.

Mr. Hafen has published and lectured widely on a variety of topics, including investment fraud, antitrust law, professionalism and civility, legal ethics, employment law, securities law compliance, and litigation strategy. He has authored or co-authored articles appearing in The Harvard International Law Journal, St. John’s Law Review, The Boston University Public Interest Law Journal, The BYU Law Review, George Mason Law Review, and the Notre Dame Journal of Law, Ethics, and Public Policy.

Publications & Speaking Engagements:

• How Leading Lawyers Think: Case Evaluation and Strategy Fall Forum, November 15, 2013
• To Avoid Getting Hit By The Litigation Bus: Stop, Look, and Listen, July 8, 2013
• Five Underused Rules of Evidence, Southern Utah Federal Law Symposium, May 10, 2013
• Indemnification Clauses: California, New York, and Beyond, Corporate Counsel Section, Utah State Bar, May 8, 2013
• Federal and State Roles in Enforcing Securities Laws, Southern Utah Federal Law Symposium, May 4, 2012
• Best Practices Under Utah’s Revised Rules of Civil Procedure, Weber County Bar Association, February 24, 2012
• Avoiding Traps for the Unwary: Utah’s New Discovery Rules Davis County Bar Association, December 7, 2011
• Because It’s There: Public Roads Created by Use, The Utah Land Use Conference, October 12, 2011
• Effective Advocacy: A Recipe for Success BYU Education Week, August 18, 2011
• The Effective Advocate Southern Utah Federal Law Symposium, May 13, 2011
• Upcoming Changes to the Utah Rules of Civil Procedure Weber County Bar Association, February 25, 2011
• Trial Academy: Deposition Boot Camp Utah State Bar Fall Forum, November 2010
• Legal Ethics for Trial Lawyers BYU Education Week, August 2010
• Opening Statements and Closing Arguments, “Starting Smart and Finishing Strong" Utah State Bar Annual Meeting, July 2010
• National Leadership Training, Federal Bar Association, Washington, D.C., 2008-2012
• Advanced Legal Writing, Utah State Bar, December 2009
• Protecting Yourself and Your Clients from Fraud – Remedies and Resources in Utah Fall Forum, November 2009
• How to Find and Select an Expert Witness Fall Forum, November 2009
• Litigation Lessons Learned from My Mentors Utah State Bar, March 2009
• Fall Forum Trial Academy, November 2008
• Mediation Gone Wild Utah State Bar September 2008
• Employer may prorate bonus during FMLA leave HR Magazine, December 2006
• ADA Mental Illness Claims Increase in the Workplace The Corporate Counselor, October 2006
• Making Reasonable Accommodations for Employees With Mental Illness Under the ADA Employee Benefits Plan Review, September 2006
• ADA Protection for Employees with Mental Illness Best Practices in HR, August 19, 2006
• Naïve or Desperate? Investors continue to be swindled by investment schemes Financial Services Journal, February 2004
• Panelist, ½ day CLE on expert testimony under applicable State and Federal Rules of Civil Procedure (2004)
• Is It Too Good to Be True?: Three Perspectives on Investment Fraud in Utah Utah State Bar Annual Meeting, July 2003
• The Law and Economics of Post Employment Covenants: A Unified Framework George Mason Law Review, 2003
• The Race to Res Judicata — A Practical Look at the First to File Rule Utah Federal Bar Association Newsletter, October 2001

Litigation Videos:

• Avoid Getting Hit By The Litigation Bus
• Avoiding Arbitration Provisions
• Playing the contract what-if game

PRACTICE AREAS
• Commercial Litigation
• Employment Litigation
• Intellectual Property Litigation
• Securities Litigation
• Class Actions
• Employment Law