Milo Steven Marsden
PEOPLE

Milo Steven Marsden

Partner
marsden.steve@dorsey.com

Overview

STEVE IS A BUSINESS LITIGATOR WHO SPECIALIZES IN MATTERS INVOLVING SECURITIES, CORPORATE CONTROL, AND CIVIL FRAUD.

Steve represents clients in commercial contract, civil fraud, and business disparagement cases. He also represents clients in business ownership and valuation disputes involving closely-held corporations, partnerships, and limited liability companies.

Steve has represented companies and individuals (officers and directors, investment advisors, broker dealers, auditors) before the Securities and Exchange Commission, the Federal Trade Commission, other regulatory agencies, and in criminal securities fraud and tax fraud matters. He has successfully defended companies, corporate officers and directors, and professionals in securities fraud and breach of fiduciary duty lawsuits involving revenue recognition, loss reserves, and corporate reorganizations.

Steve also counsels clients and conducts internal investigations focused on ethics complaints, corporate fraud, Medicare fraud, Foreign Corrupt Practices Act (FCPA) issues, and other securities and compliance matters.
He is the former head of the Trial department in Salt Lake City. For the past five years he has been recognized by Best Lawyers in America in the categories of Securities Litigation and Commercial Litigation. In 2014, he was recognized by Best Lawyers as the Salt Lake Securities Lawyer of the Year.

Steve also maintains an AV® rating with Martindale-Hubbell®, which is the highest rating awarded to attorneys for professional competence and ethics. He is recognized by Chambers USA for General Commercial Litigation (Band 2).

Education & Admissions

University of Utah, S. J. Quinney College of Law (J.D., 1986), Order of the Coif
Utah Law Review, Articles Editor

University of Utah (M.A., English, 1983), cum laude

University of Utah (B.A., 1982), magna cum laude
Phi Beta Kappa
Phi Kappa Phi

Admissions

  • Utah
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Courts for the Districts of Utah and the District of Columbia

Languages

  • Dutch

Experience

Client Achievements

Representative Litigation

Securities and corporate governance

  • Schwartz v. Perseon Corporation, et al., (D. Del.) Civil No. 15-344-LS (Represented public corporation and its directors in successfully dismissing securities fraud and breach of fiduciary duty case)
  • Software Forensics LLC v. Thompson, et al., (Fourth District, Utah) Case No. 130401037 (Represent merger survivor in dissenting shareholders' appraisal lawsuit)
  • In re: Castle Arch Real Estate Investment Company, LLC, et al., Bankruptcy Case No. 11-35082 (Represent liquidating trustee asserting securities fraud and breach of fiduciary claims against former officers and directors of debtors)
  • Davis v. Garrity, et al., Case No. 2:13-cv-349DS (Represented company officers and director against fellow director's claims of fraud, breach of contract, conspiracy, and minority shareholder oppression)
  • Thompson et al., v. Software Forensics, Inc., et al. Case No. 2:12-cv-338RJS (Represented company and officers and directors in case asserting claims for breach of fiduciary duty, conversion, and conspiracy claims)
  • Mavcap LLC, v. FJ Management Inc., et al., Case No. 120907290 (Represented Special Litigation Committee investigating direct and derivative claims asserted by minority shareholders)
  • In re: Geneva Steel LLC, et al.; James T. Markus v. Albert Fried Jr. et al., Bankruptcy Adversary Proceeding No. 05-02578 (Represented former officer and director in action by bankruptcy trustee alleging breach of fiduciary duties)
  • U.S. v. Strohm, (D. Utah) (No. 2:07-CR-00485) (Represented former officer of public company in criminal securities fraud case)

Commercial litigation

  • Transportation Alliance Bank, Inc., v. Stearns Bank, N.A., (Third District, Utah) Case No. 130902973 (Represent seller of a portfolio of factoring assets in suit asserting fraud, negligence, conspiracy, and breach of duty of good faith claims)
  • Strohm, et al., v. ClearOne Communications, Inc., 2013 UT 21 (Represented former officer in indemnification claims against former employer)
  • PrizeWise v. Oppenheimer, (D. Utah April 5, 2010) (No. 2:07-CV-792) (Obtained summary judgment for broker-dealer client defending claims of intentional interference with economic relations, and breach of express and implied confidentiality )
  • 3 Mark Entertainment, LLC v. Abrams-Schiller Living Trust, et al., (D. Utah Feb. 4, 2011) (No. 2:09-CV-780) (Obtained summary judgment for investor client dismissing plaintiff’s claims related to financing of a motion picture, and granting client a money judgment against plaintiff and counter defendants)
  • Represented Salt Lake Tribune Publishing Company in its long-running litigation over ownership of The Salt Lake Tribune. See, Salt Lake Tribune Pub. Co., LLC v. AT & T Corp., 320 F.3d 1081 (10th Cir. February 24, 2003) (Nos. 02-4126, 02-4165); Salt Lake Tribune Publishing Co., LLC v. Management Planning, Inc., 454 F.3d 1128 (10th Cir. July 19, 2006) (No. 05-4316)

Investigations

  • Internal investigations (Conducted internal investigations for public and private companies regarding alleged Medicare fraud, FCPA violations, commercial bribery, and corporate ethics violations)

News & Resources

Articles

Chemical Industry Update - March 2019
Insider Trading: The Supreme Court Takes Another Look
"The Utah Supreme Court and the Utah State Constitution," Utah Law Review

News & Press Mentions

Super Lawyers Recognizes 22 Dorsey Attorneys in Salt Lake City
Chambers USA 2019 Recognizes Dorsey Lawyers and Practices
Twenty Dorsey Attorneys Named to Utah ‘Legal Elite’
Super Lawyers Recognizes 15 Dorsey Attorneys in Salt Lake City
Chambers USA 2018 Recognizes Dorsey Lawyers and Practices in Salt Lake City
Seventeen Dorsey Attorneys Named to Utah ‘Legal Elite’
Benchmark Litigation Recognizes 16 Dorsey Lawyers
11 Dorsey Lawyers in Salt Lake City Selected for Inclusion in The Best Lawyers in America 2018 and 2018 Lawyers of the Year
Super Lawyers Recognizes 13 Dorsey Attorneys in Salt Lake City
Chambers USA 2017 Recognizes Dorsey Lawyers and Practice Groups in Salt Lake City
Chambers USA 2017 Recognizes Dorsey Lawyers and Practices
Sixteen Dorsey Attorneys Named Utah Legal Elite
Benchmark Litigation Recognizes 17 Dorsey Lawyers
10 Dorsey Lawyers in Salt Lake City Selected for Inclusion in The Best Lawyers in America 2017 and 2017 Lawyer of the Year
Benchmark Litigation Recognizes 15 Dorsey Lawyers
Super Lawyers Recognizes 14 Dorsey Attorneys in Salt Lake City
Chambers USA 2016 Recognizes Dorsey Lawyers and Practice Groups in Salt Lake City
Chambers USA 2016 Ranks Dorsey Lawyers and Practices
Fifteen Dorsey Attorneys Named Utah ‘Legal Elite’
Benchmark Litigation Recognizes 15 Dorsey Lawyers
10 Dorsey Lawyers in Salt Lake City Selected for Inclusion in "The Best Lawyers in America®" 2016 and "Best Lawyers of the Year"
Super Lawyers Recognizes 11 Dorsey Attorneys in Salt Lake City
Chambers USA 2015 Recognizes Dorsey Lawyers and Practice Groups in Salt Lake City
Benchmark Litigation Recognizes 17 Dorsey Lawyers
Super Lawyers Recognizes 12 Dorsey Attorneys in Salt Lake City

Select Presentations

  • "Document Retention and the New Federal Rules,” November 2006
  • “Well, How Much Trouble Are They In?” Risk Management Association Meeting, February 2005
  • "Techniques for Organizing Complex Litigation," Utah State Bar Annual Meeting

Industries & Practices

Government Enforcement & Corporate Investigations
Securities & Financial Services Litigation & Enforcement
  • Appellate
  • Banking & Financial Institutions
  • Class Action Litigation
  • Construction Litigation
  • Electronic Discovery
  • Energy & Natural Resources
  • Food, Beverage & Agribusiness
  • Franchise & Distribution Law
  • Government Enforcement & Corporate Investigations
  • Healthcare
  • Mining
  • Securities & Financial Services Litigation & Enforcement

Professional & Civic

Professional Achievements

  • Utah Supreme Court Advisory Committee on Rules of Civil Procedure, 2006 to present
  • Master of the Bench, American Inns of Court, David K. Watkiss - Sutherland Inn of Court
  • Salt Lake County Bar Association
  • Utah Bar Association
  • American Bar Association

Community Involvement

  • Valley Mental Health, Board of Directors, 1998-2014
  • Past President, Valley Mental Health Board of Directors

Accolades

Ranked in Chambers USA 2019 Leading Individual  Chambers USA 2018 Leading Individual  Ranked in USA Chambers 2017 Leading Individual  Ranked In - USA Chambers and Partners 2016 - Leading Individual   Ranked in Chambers USA 2015 - Leading Individual 

Milo Steven Marsden - Best Lawyers' Lawyer of the Year 2014 - Litigation, Securities, Salt Lake City 

  • Named Best Lawyers© Salt Lake City Litigation - Securities Lawyer of the Year, 2014, 2018 
  • Listed in Best Lawyers in America©, 2010-2019, Commercial Litigation and Litigation - Securities
  • Named one of “America’s Leading Business Lawyers” by Chambers USA (Litigation: General Commercial), 2010-2019 (Band 2)
  • Rated AV Preeminent® by Martindale-Hubbell®
  • Listed as a Mountain States Super Lawyer, 2007-2019
  • Listed as a Salt Lake City Super Lawyer, 2007-2019
  • Listed in Super Lawyers, Corporate Counsel Edition, 2008, 2009

  • Recognized as a "Local Litigation Star – Utah" by Benchmark Litigation, 2015-2018
  • Utah Business Magazine, Legal Elite (Civil Litigation), 2006-2019
Milo Steven Marsden