• Tyler Hawkins

    Tyler Hawkins

    Tyler Hawkins is a shareholder at Smith LC.  Tyler practiced for over a decade at a large national law firm before joining Smith LC.  He focuses his practice on complex commercial litigation, including commercial contract and real estate disputes, bankruptcy, and corporate restructuring. Tyler has defended and prosecuted high-stakes matters in a variety of areas, including consumer financial and mortgage banking services, intellectual property, and real estate and construction. He has defended banks, creditors, debt buyers, and other companies in litigation involving the Fair Debt Collections Practices Act (FDCPA), the Fair Credit Reporting Act, and state consumer protection laws. He has represented secured lenders and other creditors in bankruptcy proceedings, and he has handled a variety of disputes for mortgage servicers. In addition, he has represented real estate developers and private and public companies in lease and contract disputes.

    Tyler has litigated cases in state and federal courts at both the trial and appellate level, and he has experience representing clients in mediation, arbitration, and other forms of alternative dispute resolution. 

    Tyler’s clients trust him with their disputes because he provides practical solutions and approaches litigation as a vehicle to achieve their objectives rather than an end in itself. 

    Representative Matters

    • Defeated a damage claim of over $350 million and obtained a complete defense verdict in a five-week jury trial in favor of clients accused of, among other things, breaching non solicitation agreements and misappropriating trade secrets. Following trial, the court awarded legal fees to Mr. Hawkins’s client totaling over $600,000. Young Living Essential Oils, LC v. doTERRA, Inc. et al. (Case No. 120400973, 4th Jud. Dist. Ct., Utah County, Utah, July 26, 2018).
    • Successfully represented a special service district in obtaining dismissal of a federal case brought by a developer alleging multiple violations of the United States Constitution, the Utah Constitution and federal statutes. VR Acquisitions v. Wasatch County et al. (Case No. 2:15-CV-00018-DAK-EJF, 2015 U.S. Dist. LEXIS 116523 (D. Utah, Sept 1, 2015), affirmed by the Tenth Circuit Court of Appeals in VR Acquisitions, LLC v. Wasatch County, 853 F.3d 1142 (2017)).
    • Successfully represented an import/export company in defeating a case alleging multi-million-dollar False Claims Act violations. United States ex rel. Barrick v. Parker-Migliorini Int’l, LLC, 878 F.3d 1224 (10th Cir. 2017).
    • Obtained dismissal of a suit alleging intentional interference with economic relations and civil conspiracy. PFM Properties, Inc. v. Cooper et al. (Case No. 180700739, 2nd Jud. Dist. Ct, Davis County, Utah, May 17, 2019).
    • Represented debt buyers in cases, including putative class actions, filed by consumers alleging violations of the FDCPA and the Utah Uniform Consumer Sales Practices Act.
    • Represented a developer of a luxury home and condominium project in Park City in a dispute regarding errors and omissions committed by the architect during construction of the project.
    • Represented a private lender in an action against a borrower for default of a multi-million-dollar loan agreement.
    • Represented large financial institutions, secured lenders, and other creditors in sales of assets by bankrupt debtors pursuant to section 363 of the bankruptcy code.
    • Represented large commercial landlords in litigation against tenants for non-payment of rent or other violations of their leases.
    • Represented direct sales companies in arbitrations alleging violations of consumer protection statutes and fair debt collections practices laws.
    • Represented mortgage servicers in lien priority disputes involving constitutional issues

    Pro Bono Experience

    Tyler is committed to providing legal services pro bono to those in need. He represented undocumented immigrants in obtaining U-Visas reserved for victims of crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation of criminal activity. He also represented inmates who had been deprived of their religious liberty.

    Tyler was a part of a team at his prior firm that successfully represented a client challenging the constitutionality of Utah’s Grandparent Visitation Statute, as applied, from trial through appeal to the Utah Court of Appeals, Jones v. Jones, 2013 UT App 174, 307 P.3d 598, and on a writ of certiorari to the Utah Supreme Court, Jones v. Jones, 2015 UT 84, 359 P.3d 603.

    Professional Activities

    Utah Bar Association

    Salt Lake County Bar Association

    Recognitions & Accomplishments

    The Best Lawyers in America “Ones to Watch,” – Litigation – Construction, Litigation – Real Estate (Salt Lake City), 2021

    Named a Rising Star by Mountain States Super Lawyers from 2015-2019

    2019 Graduate of the Salt Lake Chamber of Commerce’s Leadership Utah Program

    Judicial Clerkships/Externships 

    Judicial clerk, Hon. Jill N. Parrish, Utah Supreme Court, 2010-2011

    Judicial extern, Hon. William T. Thurman, Chief Judge, U.S. Bankruptcy Court for the District of Utah, 2010

    Publications

    Co-author, “Utah Supreme Court Finds No Employer Protection in Rule of Professional Conduct,” Ballard Spahr alert, August 11, 2015

    Comment, “Adoption of Infants Born to Unaware, Unwed Fathers: A Statutory Proposal That Better Balances the Interests Involved,” 2009 Utah L. Rev. 1335

    Speaking Engagements

    Panelist, “Key Takeaways from the 2018 ACC State of Cybersecurity Report, an In-House Perspective,” Association of Corporate Counsel Mountain West Chapter Lunch and Learn Program, Salt Lake City, Utah, August 2, 2018

    Speaker, “Introduction to the Telephone Consumer Protection Act,” Utah Bankers Association Compliance Conference, Park City, Utah, October 24, 2017

    Moderator, “Cyber Security: Ethical Considerations for Your Daily Practice,” S.J. Quinney College of Law Young Alumni Association CLE, April 7, 2016

    Board Memberships

    University of Utah, S.J. Quinney College of Law Young Alumni Association (2014-2020)

    Education

    University of Utah, S.J. Quinney College of Law (J.D., with highest honors)
    Executive Articles Editor, Utah Law Review
    Leary Scholar
    Legal Writing Teaching Assistant Washington State University (B.A., magna cum laude, 2004)

    Bar Admissions

    Utah

    U.S. District Court for the District of Utah

    U.S. Court of Appeals for the 10th Circuit

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