Marc T. Rasich Experience Marc is a business attorney and litigator who draws on his personal experience as a business owner to counsel clients on legal strategies appropriate to their needs and objectives. He has a practical understanding of the challenges businesses face in using their often limited legal budgets effectively, and he tailors his legal advice accordingly. Marc also partners with his clients to find solutions for their other business needs, including corporate structure, finance, intellectual property protection and employment issues. Marc has successfully represented clients in a wide variety of mediations, arbitrations, bench and jury trials as well as appeals. These disputes have included trademark, trade secret, non-compete and other employment issues, patent, licensing, contract, Partner real estate and land use, antitrust, shareholder control, fiduciary duty and mass tort issues. A representative list of his experience follows below. Before joining Stoel Rives, Marc was an attorney in the Jones Day Los Angeles office. Representative Work Salt Lake City, UT (801) 578-6901 direct (801) 578-6999 fax marc.rasich@stoel.com Trial and Appeals Represented power company in essential facilities antitrust litigation. Obtained favorable verdict after month long jury trial which was affirmed on appeal. Education J.D., 1994 Represented shipping services provider in breach of franchise agreement, RICO Member, Utah Law Review; Leary and fraud action. Obtained preliminary injunction and contempt order after Scholar Staff editor, Western Energy Bulletin extensive motion practice and two day trial. Represented shipping services provider in breach of contract and business tort in multiple jurisdictions. Admissions Represented nutritional beverage company in breach of contract and trade Utah secrets action. Settled on favorable terms after obtaining preliminary injunction. California Defended baked goods producer in breach of contract action. Obtained defense U.S. Courts of Appeals, 9th Circuit verdict after three day trial. U.S. Courts of Appeals, 10th Circuit Represented majority shareholders and managers in breach of contract, fiduciary U.S. Courts of Appeals, 11th Circuit U.S. District Courts, Eastern, duty and fraud action. Settled on favorable terms after defeating motion for preliminary injunction in one day trial. The University of San Diego, B.A., 1991, cum laude action. Settled case on eve of trial after extensive discovery and motion practice University of Utah College of Law, Northern, Central and Southern Districts of California Represented nutraceutical company in trademark infringement actions, enforced settlement agreement at trial court and on appeal. U.S. District Court for the District of Utah U.S. District Court for the Southern District of Florida Marc T. Rasich Patent & Trade Secrets Represented patent owner and defendant to declaratory judgment action. Successfully obtained dismissal of the action in favor of a co-pending action in the U.S. District Court for the District of Utah. Settled underlying litigation on favorable terms. Represented defendant accused of infringing a patent for an ionic air purifier. Obtained summary judgment for client of invalidity and non-infringement. Represented defendant accused of infringing a patent for PBX telephone systems with voice-over IP technology. Successfully put the plaintiff's patent in reexamination and thereafter settled matter on favorable terms. Represented multiple defendants accused of infringing a patent for arrowheads. Successfully defended against a motion for a temporary restraining order, after which the case settled on favorable terms. Represented defendant accused of various business torts and misappropriating trade secrets relating to medical devices. Settled on favorable terms. Represented co-inventors of biometric smart card in protracted breach of contract, business torts and misappropriation of trade secrets actions. Case ultimately dismissed after extensive motion practice. Trademark Litigation Represent clients, including healthcare, medical device, software, nutraceutical and retail clothing companies, in defending, protecting and enforcing their trademarks rights before TTAB and various federal courts. Covenants Not to Compete, Non-solicitation and Non-disclosure Agreements Counsel clients concerning and draft covenants not to compete, non-solicitation and non-disclosure agreements. Enforced covenants not to compete and non-solicitation agreements on behalf of large medical staffing company against former employees and new employers. Company Formation Prepared charter documents for multiple start-ups. Environmental & Toxic Torts Member of trial team representing fortune 500 company in toxic tort litigation including more than 100 plaintiffs. Represented municipality in inverse condemnation claim arising from protection of endangered species under the E.S.A. Business Interests Founder and part owner of clothing, ski-equipment and bottled water companies. Professional Honors and Activities Listed in Mountain States Super Lawyers® (Business Litigation, Intellectual Property Litigation, General Litigation), 2011-2014 Marc T. Rasich Member, American Bar Association Litigation, and Intellectual Property Sections Member, Utah Bar Association Energy and Natural Resource, Intellectual Property and Litigation Sections Member, California Bar Association Litigation and Environmental Sections Presentations "Four Areas a Fast Growing Business Should Spend its Limited Legal Budget," Legal Matters, The Enterprise newspaper, Aug. 2013 Co-Presenter, "Trial Techniques – Deposition Tactics," Stoel Rives LLP, Salt Lake City, Utah, March 15, 2011 Co-Presenter, "Trial Techniques – Opening Statements," Stoel Rives, Salt Lake City, Utah, June 24, 2010 Co-Presenter, "Trial Techniques Training - Persuasion, Strategy, Preparation, Organization," Stoel Rives, Dana Point, California, April 24, 2010 Presenter, "Shoplifters Will Be Prosecuted: Preventing Theft of Your Intellectual Property," Stoel Rives LLP, Salt Lake City, Nov. 19, 2009 Co-Presenter, "Minimizing the Risk of Loss: Choosing a Corporate Structure," Salt Lake City, Utah, Mar. 22, 2007 Co-Presenter, "Getting it in Writing: Business Contracts and Agreements," Salt Lake City, Utah, Apr. 19, 2007 Co-Presenter, "Protecting Your Bright Idea: Intellectual Property Protection," Salt Lake City, Utah, May 24, 2007 Co-Presenter, "The Ten Most Common Employment Law Mistakes," Salt Lake City, Utah, Jun. 20, 2007 Co-Presenter, "Protecting Your Personal Assets: When Things Go Right and When They Don't," Salt Lake City, Utah, Aug. 23, 2007 Civic Activities Member, Board of Directors, Ronald McDonald House, Rocky Mountain Region Former member, Board of Directors, The Living Planet Aquarium Former member and president, St. John the Baptist Advisory School Board