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Mark D. Tolman


Phone: 801-534-7232
VCard

FIRM:

Shareholder

Board of Directors

Vice Chair, Litigation Department

PRACTICE FOCUS:

Employment Law

Commercial Litigation

Media

EXPERTISE:

Practices in the area of employment law, commercial litigation, and first amendment law in matters before state and federal courts, the Utah Labor Commission, and Equal Employment Opportunity Commission. 

Works with employers to help them develop preventative employment practices and policies.

Litigates cases involving complex factual and legal matters including employment discrimination, breach of contract, breach of fiduciary duty, covenants not to compete or solicit, interference with contract, trade secrets, and defamation. Mark has tried cases before state and federal courts and before the Adjudication Division of the Utah Labor Commission. He has has argued cases to the Utah Supreme Court, the Utah Court of Appeals and to the United States Tenth Circuit Court of Appeals.

Assists news and publishing organizations in obtaining access to public records under the federal Freedom of Information Act (FOIA) and Utah Government Records Access and Management Act (GRAMA).

Teaches employment law as an Adjunct Professor in the Division of Continuing Education at Weber State University.

CAREER:

Kilpatrick Stockton LLP, Commercial Litigation Associate, Winston-Salem, North Carolina Office

EDUCATION:

University of North Carolina at Chapel Hill, J.D., with honors, 2004

Weber State University, Ogden, Utah, B.S., summa cum laude, Economics, 2001

PROFESSIONAL AFFILIATIONS:

Legal Director, Salt Lake Chapter of the Society for Human Resource Management (SHRM)

Member, Weber State University Business Advisory Council

PERSONAL:

Born, Bountiful, Utah

REPRESENTATIVE CASEWORK:

Heaps v. Nuriche, LLC:  represented management before the Utah Supreme Court to defend claims that the Utah Payment of Wages Act imposes personal liability on the agents of an employer to pay wages. Utah Supreme Court issued unanimous decision that UPWA does not impose personal liability on an employer’s managers (or other agents) to pay wages owed to the employees.

Dianna Johnson v. City of Murray:  obtained summary judgment for employer, affirmed by the Tenth Circuit, on a wide ranging number of claims, including alleged employment discrimination, harassment, retaliation, constitutional violations, and breach of the implied covenant of good faith.

RMA Ventures v. SunAmerica Life Ins. Co:  obtained an award of attorney fees for a defendant in a contract action after district court granted summary judgment dismissing plaintiff’s claims; executed on the plaintiff’s lawsuit against our client, including its appeal from the summary judgment decision, and moved to dismiss the appeal. The Tenth Circuit Court of Appeals granted the motion to dismiss.

Departments
Industry Awards

Utah Business Magazine, Legal Elite, 2015-2017

Bar Admittance

2008, U.S. Court of Appeals, Tenth Circuit

2005, Utah

2004, North Carolina (Inactive)

U.S. District Court, District of Utah and U.S. District Court, Middle and Eastern Districts of North Carolina