Providing quality advice and practical solutions to complex problems 

Overview

Parsons Behle & Latimer has one of the largest and most experienced litigation departments in the Intermountain Region. The seasoned trial attorneys at Parsons assist clients with resolving a broad range of business disputes. Our experience provides clients with an advantage in analyzing claims and defenses and then determining a strategy that will achieve the best results.

Clients turn to us when they have lawsuits that require expertise in complex litigation. We work closely with clients to understand their business, assess potential risks and provide practical and common-sense advice.

Team

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Experience

Preserved $2 Million Judgement as Non-Dischargeable in Bankruptcy Case

Served as primary collection counsel for WinCo in a $2 million judgement. Was successful in having a receiver appointed over the debtor companies. When the debtor filed for Chapter 7 bankruptcy, Parsons preserved WinCo’s judgment as non-dischargeable.

Data and Monitoring Service Client

Lead counsel for LegitScript, LLC a leading provider of data and monitoring services to e-commerce companies, credit card processors and banks and government agencies in a lawsuit filed by nutritional supplement companies in Utah. Plaintiffs asserted various claims under the Lanham Act for false advertising as well as defamation and intentional interference. Settled on terms favorable to the client.

Parsons prevailed at trial for firm client MFGPC, Inc. against Mrs. Fields Franchising, LLC, for Mrs. Fields’ breach of a Trademark License Agreement.

Parsons Behle attorneys Brian M. Rothschild, Juliette P. White, and Alexandra Hodson prevailed at trial for firm client MFGPC, Inc. against Mrs. Fields Franchising, LLC, for Mrs. Fields’ breach of a Trademark License Agreement for the exclusive, worldwide right to use the Mrs. Fields trademark in association with the sale of prepackaged popcorn products. (Mrs. Fields Franchising, LLC v. MFGPC, Inc., Case No. 2:15-cv-00094, D. Utah). The dispute resolved six years of litigation, including two interlocutory appeals to the Tenth Circuit, that ensued when Mrs. Fields improperly terminated the Trademark License Agreement and then sued MFGPC for declaratory judgment that it had terminated properly. Mrs. Fields had purported to terminate MFGPC’s rights under the Trademark License Agreement for non-payment of guaranteed royalties. In a ruling dated August 20, 2018, the District Court ruled on summary judgment that (1) Mrs. Fields, not MFGPC, owed a net balance to MFGPC for the sale of popcorn products that more than offset any royalties owed, (2) Mrs. Fields had no contractual ability to terminate the Agreement during a contract period absent MFGPC’s breach, (3) MFGPC was not in breach because it was owed a net balance; and, therefore, (4) Mrs. Fields had breached the Trademark License Agreement by purporting to terminate the Agreement. The Court reserved the issue of damages for a later trial. After a three-day trial in September 2021 that included expert witnesses battling over complex economic damages, the District Court awarded MFGPC damages and attorneys’ fees and costs pursuant to the Agreement.

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