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OFFICE
Lehi
PRACTICE FOCUS
Complex Commercial Litigation
Commercial Contract and Real Estate Disputes
Bankruptcy
Corporate Restructuring
Restrictive Covenants in Contracts

Tyler Hawkins

Of Counsel

Tyler Hawkins is an of Counsel attorney with Smith LC.  Tyler practiced at a large national law firm for over a decade 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.

Education
  • 2004 B.A., magna cum laude, Washington State University
  • 2010 J.D., with highest honors University of Utah, S.J. Quinney College of Law
    • Executive Articles Editor, Utah Law Review
    • Leary Scholar
    • Legal Writing Teaching Assistant
Bar Admissions
  • State Bar of Utah
  • U.S. District Court for the District of Utah
  • U.S. Court of Appeals for the 10th Circuit
Professional Affiliations and Activities
  • Utah Bar Association
  • Salt Lake County Bar Association
  • Board member, University of Utah, S.J. Quinney College of Law Young Alumni Association (2014-2020)
Awards and Recognition
  • 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
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.
Publications & Speaking Engagements

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
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