Following a 7 day bench trial in Utah’s Third Judicial District Court, Denton’s lead trial counsel and Shareholder Wm. Kelly Nash reported that Veracity Security Systems, LLC obtained a Final Judgment and Permanent Injunction relating to the Co-Defendants’ statutory misappropriation of trade secrets, interference with economic relations, breaches of fiduciary duties and related tortious misconduct.  Dismissing all counterclaims, the Court awarded Veracity $742,344.50 in attorneys’ fees and costs regarding which the statutory burden of proof is clear and convincing evidence. 

Significantly, Veracity was required to establish and proved “malice” as an element of the Defendants’ tortious misconduct, to support the attorneys’ fees award.  Noting the myriad corporate and personal threats posed by Co-Defendants, including against Dentons as counsel, the Court found Co-Defendants acted recklessly, intentionally and maliciously.  The Court observed, “The bluster and naivety of these actions would be comical were the threatened consequences not so grave.  But again, the actions serve to demonstrate Defendants’ malice and willfulness”. Judge Andrew Stone concluded, the award “is amply supported by clear and convincing evidence, and justice demands it on this claim.” 

The Final Judgment and Permanent Injunction concluded a near seven (7) year-long and aggressively litigated dispute for Denton’s clients, who were elated not only with the resounding victory, but also the exceptional quality of Denton’s trial work.  In an age of increasingly liberal judges and decisions in various parts of the country, this case reinforces our business clients’ confidence that justice can still be obtained in the State of Utah.

The Dentons team was led by Shareholder Wm. Kelly Nash (Lehi) and included Lehi associates Justin Rich and Jordan Koopmans.

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