David W Tufts

David W. Tufts is an experienced trial attorney who has handled a broad array of business litigation matters, including state and federal trials as first chair and appeals before the Utah Supreme Court and Court of Appeals.

Mr. Tufts has served as an advocate in the courtroom on behalf of his clients’ business interests for almost 20 years. In so doing, Mr. Tufts has acquired substantive courtroom experience and achieved successful results in a broad array of commercial and business matters. This includes such areas as contract disputes, enforcement of security interests in real and personal property, defending allegations of commercial fraud, securities fraud, and defamation, enforcement of trademarks, patents, copyrights and other intellectual property rights, unfair competition, unjust enrichment, technology disputes, construction matters, mechanics lien enforcement, employment disputes, and real property matters.

Mr. Tufts regularly represents institutional lenders and others in regards to the enforcement of their contractual rights under commercial loan agreements or similar transactions involving real and personal property. Mr. Tufts is known for his expertise in obtaining successful results in cases involving the Federal Truth-in-Lending Act (and Regulation Z), the Federal Real Estate Settlement Procedures Act (and Regulation X), the Utah One-Action Rule, the Utah Trust Deed Act, and similar laws that govern the relationships between lender, borrower and guarantor.  By way of example, Mr. Tufts was first chair trial counsel and lead appellate counsel in the case of Machock v. Fink, 2006 UT 30, 137 P.3d 779 (Utah 2006), in which the Utah Supreme Court clarified the application of Utah’s One-Action Rule between lender and guarantor.

In addition to trial work, Mr. Tufts has significant experience in successfully obtaining pre-judgment relief and related remedies, including obtaining summary judgments for clients, writs of replevin, writs of attachment, and preliminary injunctions.