Business Litigation
Kaysville Business Litigation Attorney
Protecting Businesses When Commercial Disputes Threaten What You've Built
A business dispute rarely arrives at a convenient time. A partner stops pulling their weight, a contract falls apart, a former employee walks out the door with something that wasn't theirs to take, and suddenly the company you spent years building is exposed. You don't need every answer today. You need an experienced Kaysville business litigation attorney who can tell you where you stand and what your options are.
I'm David R. Garner, a business litigation attorney. Since 2016, I've litigated contested civil matters throughout Davis County and Northern Utah, representing businesses and business owners in commercial disputes, contract conflicts, partnership breakups, and trade secret matters, from the first demand letter through trial.
I personally review every inquiry and usually respond within one business day.
J.D. cum laude, Kentucky Law Journal
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Admitted to the Utah State Bar in 2016
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A decade of courtroom litigation
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Big-firm and national litigation experience
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Multiple jury trials and hundreds of hearings
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Serving Kaysville & Davis County
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A Business Litigator Who Actually Tries Cases
Many firms in Kaysville draft contracts, form entities, and handle a little of everything. That's useful work, but it isn't what I do. Garner Legal LLC is a litigation practice built for the moment when a business relationship or agreement breaks down, and someone has to be ready to fight for your position in court.
That distinction matters more than it sounds. A dispute handled by an attorney who mainly drafts documents looks very different from one handled by a litigator who builds every case as if it may be decided by a judge or jury. When the other side knows you're prepared to try the matter, you negotiate from strength. When they don't, you negotiate from hope. I'd rather you negotiate from strength.
What Is Business Litigation in Utah?
Business litigation is the process of resolving legal disputes that arise out of commercial relationships, agreements, and the ownership or operation of a business. It covers breach-of-contract claims, disputes between partners or co-owners, business torts, and the misappropriation of trade secrets, among others. These are civil matters, heard in the Utah state district courts, including the Second District Court that serves Davis County, or in federal court when the claims or parties call for it.
Many of these disputes turn on the specific terms of an agreement and on duties the law imposes independent of any contract. A trade secret claim, for example, is governed by the Utah Uniform Trade Secrets Act (Utah Code Title 13, Chapter 24), which defines what qualifies as a protectable trade secret and what counts as misappropriation. A breach-of-contract claim turns on the agreement itself and on how Utah courts interpret and enforce it. Knowing which theory fits your situation, and whether the evidence supports it, is the kind of assessment a first conversation is for.
Business Disputes I Handle
Business litigation covers a wide range of specific claims, and each has its own elements, deadlines, and strategy. Below is the scope of matters I handle.
Breach of contract
Disputes over whether a party performed, failed to perform, or is excused from performing under a written or oral agreement, and what the resulting damages should be. This is the backbone of most commercial litigation.
Partnership & ownership disputes
Conflicts between partners, members, or co-owners over control, money, direction, or the terms of a separation, including the wind-down or breakup of a business relationship that no longer works.
Shareholder disputes
Disagreements among shareholders or between shareholders and management over rights, distributions, oppression of minority owners, and the governance of a closely held company.
Business divorce
The structured separation of co-owners whose partnership has ended, resolving buyouts, valuation, and the division of a business without letting the fight consume its value.
Commercial litigation
Broader disputes between businesses, vendors, and commercial counterparties, from soured deals to disagreements over performance and payment.
Business torts
Claims that reach beyond a contract, including interference with contracts or business relationships, misrepresentation, and unfair competition.
Trade secret litigation
Claims under the Utah Uniform Trade Secrets Act to protect confidential business information, or to defend against an accusation of misappropriation, often alongside restrictive-covenant issues when a departing employee or competitor is involved.
Fraud & misrepresentation
Matters where one party alleges it was deceived into a transaction or agreement, whether through affirmative lies or the concealment of material facts.
Unfair competition
Disputes over conduct that improperly undermines a competitor, frequently overlapping with trade secret and restrictive-covenant claims.
Injunctions
Emergency and preliminary relief to stop ongoing harm, such as the continued use of misappropriated information or the breach of a restrictive covenant, before a full trial can be held.
When a Contract Falls Apart
Most business disputes start with a contract that one side believes the other broke. Under Utah law, a breach-of-contract claim generally requires a valid agreement, your own performance (or a valid excuse for not performing), the other party's failure to perform, and damages that flowed from that failure. Simple to state, harder to prove, and the outcome usually lives in the details: what the contract actually says, what the parties actually did, and what the law does with the gaps in between.
Whether you're pursuing a party who didn't hold up their end or defending against a claim that you did something wrong, the early decisions matter. Preserving the right documents and communications, understanding your obligations, and getting a realistic read on exposure before positions harden can change the shape of the entire dispute.
When a Partnership Breaks Down
Few business disputes are as personal, or as costly if handled badly, as the breakup of a partnership. Co-owners who once trusted each other completely can end up fighting over control, money, and the future of a company they both built. A business divorce done well protects the value of what you've created. Done badly, it burns that value to the ground on legal fees and stalemate.
I've represented business owners working through the separation of a partnership that had run its course, sorting out the terms of a clean exit rather than letting the conflict spiral. That's the type of matter I handle, described generally. I don't promise a particular result, because no attorney ethically can. What I offer is a straight read on your position and a strategy built on the facts of your case.
Protecting or Defending a Trade Secret Claim
When a key employee leaves for a competitor, or a competitor seems to know things they shouldn't, the question is often whether a trade secret has walked out the door. Utah's version of the Uniform Trade Secrets Act protects information that has real economic value from not being generally known and that the owner took reasonable steps to keep secret. Misappropriation means acquiring, disclosing, or using that information improperly.
These cases move fast and often start with a request for an injunction to stop the harm before it spreads. They also cut both ways: I represent businesses trying to protect what's theirs, and businesses defending against an overbroad accusation that threatens to freeze a legitimate hire or a competitive move. Trade secret disputes frequently overlap with restrictive-covenant and non-compete questions, which I also handle.
Related: restrictive covenants and non-competes are covered in depth on my employer-side employment law page.
A Dispute Left Alone Rarely Gets Smaller
The longer a business conflict sits, the more it tends to cost, in money, in time, and in the relationships that keep a company running. If a contract, partner, or competitor is threatening your business, an early conversation can tell you how strong your position really is.
How a Kaysville Business Litigation Attorney Approaches Your Case
For business and commercial matters, my differentiator is simple: big-firm litigation experience, delivered directly. I spent the first decade of my career litigating at respected regional and national firms, including one of the largest in the country. You get that level of strategic preparation and courtroom readiness without the layers of a large firm sitting between you and the attorney handling your case.
I build every business case as if it may ultimately be decided in court, because that's what makes an efficient resolution possible. Many commercial disputes should settle, and the ones that should, settle faster and on better terms when the other side sees you're genuinely prepared to try the matter. Where a practical resolution serves your goals, I'll pursue it. Where it doesn't, I'm ready to litigate.
Who I Represent
I represent businesses and business owners, on either side of a dispute. Whether you're a company enforcing a contract, an owner separating from a partner, a business protecting its confidential information, or a defendant facing a claim you believe is overstated, I can represent you. My clients are often small-business owners and closely held companies who want a senior litigator personally handling the matter, not a file passed down to junior staff.
Business Litigator in Davis County and Northern Utah
Business disputes in this area are generally heard in the Second District Court, which serves Davis County, including Kaysville, Layton, Farmington, Bountiful, Clearfield, and the surrounding communities, or in the U.S. District Court for the District of Utah when a matter belongs in federal court. Local knowledge matters more than people expect. Knowing the court, the procedures, and how commercial matters tend to move in Davis County lets me give you a more realistic picture of timeline and cost from the first conversation.
I built Garner Legal LLC here in Kaysville on purpose. I'm not a statewide firm treating Davis County as one more pin on a map. I grew up here, and I practice here, representing businesses throughout Northern Utah that want experienced litigation handled close to home.
Why Work With Garner Legal LLC
The senior lawyer is the lawyer
At a larger firm, the partner who pitches your case often isn't the one living in it day to day. Here, the attorney who assesses your dispute is the same one drafting the motions, taking the depositions, and standing up in court. Nothing about your business gets learned twice.
Large-firm firepower without the overhead
A decade litigating at respected regional and national firms, including one of the largest in the country, taught me how well-resourced opponents build and try a commercial case. You get that caliber of preparation, aimed squarely at your matter, without paying for the layers that come with it.
A cost-benefit read, not a sales pitch
Business disputes are ultimately a business decision. I'll tell you what a fight is likely to cost, what it's realistically worth, and when settling beats winning slowly. You'll get an honest assessment and a litigator ready to try the case when the numbers and the facts say fight.
What Working Together Looks Like
Reach out
Bring me the contract, the partnership agreement, or the demand letter, and tell me what happened. In the first conversation, I listen, ask the questions that matter, and tell you honestly whether Garner Legal LLC is the right fit for your dispute.
Case evaluation
I lay out the claims and defenses in play, the deadlines that constrain them, and a candid read on cost, exposure, and leverage, so you can weigh the fight as the business decision it is.
Direct representation
If we work together, I handle the matter personally, from strategy and motion practice through negotiation and, if it comes to it, trial. You always know who is moving your case forward, because it's the same person from start to finish.
Other Practice Areas
Trust and estate litigation is one of four areas I focus on. If your matter falls elsewhere, or overlaps more than one, these cover the rest of what I handle:
Common Questions
Frequently Asked Questions about Business Litigation
What counts as a business dispute versus a contract dispute?
A contract dispute is one type of business dispute. It turns on whether a party broke a written or oral agreement and what damages resulted. Business litigation is broader: it also covers partnership and ownership conflicts, business torts, trade secret misappropriation under the Utah Uniform Trade Secrets Act, and unfair competition. Many disputes involve both a contract claim and non-contract claims running side by side.
Do you handle trade secret and non-compete litigation?
Yes. I litigate trade secret claims under the Utah Uniform Trade Secrets Act, both protecting a business's confidential information and defending against overbroad accusations. Restrictive covenants and non-competes are handled on a side-neutral basis and often overlap with trade secret matters when an employee or competitor is involved. These cases frequently start with a request for an injunction, so acting quickly matters.
Do you represent both plaintiffs and defendants in business disputes?
Yes. I represent businesses and business owners on either side of a commercial dispute, whether you're bringing a claim to enforce a contract or protect what's yours, or defending against a claim you believe is overstated. What stays constant is that a senior litigator handles your matter directly, rather than passing it down to junior staff.
Can I get an injunction to stop harm to my business right now?
Sometimes, yes. When a business faces ongoing harm, such as the continued use of misappropriated trade secrets under the Utah Uniform Trade Secrets Act (Utah Code § 13-24-3), Utah courts can grant temporary and preliminary injunctive relief to stop that harm before a full trial. Rule 65A of the Utah Rules of Civil Procedure governs how those requests are decided.
How long do I have to bring a business lawsuit in Utah?
It depends on the claim. Utah sets different statutes of limitations for different theories, for example, six years for written-contract claims (Utah Code § 78B-2-309) and a three-year window for trade secret misappropriation under the Utah Uniform Trade Secrets Act (Utah Code § 13-24-7).
What does business litigation cost, and who pays the legal fees?
In Utah, each side generally bears its own attorney fees unless a contract or a statute shifts them. Many commercial agreements contain a prevailing-party fee clause, and some statutory claims allow fee recovery, which can change the calculus significantly. I'll talk through the likely cost and any fee-shifting provisions candidly at the outset so you can weigh the expense against what's actually at stake.
Should I try to settle or take my business dispute to court?
Often the answer is both. Most commercial disputes should resolve short of trial, and the ones that should, settle faster and on better terms when the other side knows you're genuinely prepared to litigate. I build every case as if it may be tried, then pursue an efficient resolution where one serves your goals. The right path depends on the strength of your position and what you're trying to protect.
Do you draft business contracts or form companies?
No. Garner Legal LLC is a litigation practice. I handle disputes over contracts, ownership, and business conduct, not the transactional work of drafting agreements or forming entities. If you need a contract prepared or a company set up, I'm glad to refer you to an attorney who handles that work.
Get a Clear Read From a Kaysville Business Litigation Attorney
A business dispute moves faster than most owners expect, and the earliest decisions often matter most. Before you hire anyone, get a clear, direct read on your situation from a Kaysville business litigation attorney who will tell you what he actually thinks, not what you want to hear.
In a straightforward conversation, you'll learn what your options are, which deadlines may already be running, and whether your matter is worth pursuing at all. No pressure, no obligation, and no legalese, just a straight answer about what you're actually facing.
I personally review every inquiry and typically respond within one business day.
Tell Me What's Happening
Share a few details and I'll personally review your situation. There's no pressure and no obligation, just a conversation about where you stand and what your options are. Every message is kept confidential.
Office
330 Main Street, Suite
25 Kaysville, Utah 84037
dgarner@garnerlegalutah.com
Business Hours
Mon – Fri, 9 AM – 5 PM
I personally review every inquiry and typically respond within one business day.
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