First Admitted: 1979, Pennsylvania

Professional Webpage: https://www.larsenrico.com/mark-a-larsen/

Bar/Professional Activity:

Supreme Court of Pennsylvania, 1979
Defense Research Institute
American Bar Association
Salt Lake County and Utah State Bar Associations
United States District Court for the District of Colorado, 2014
United States District Court for the District of Utah, 1983
United States Court of Appeals for the Tenth Circuit, 1982
Supreme Court of Utah, 1982
United States District Court for the Western District of Pennsylvania, 1980

Verdicts/Settlements (Case Results):

Bel Canto Design, Ltd. v. MSS HiFi, Inc., No. 11 Civ. 6353 CM; 2012 WL 2376466 (S.D.N.Y. 2012) (dismissing antitrust Counterclaim).
John Price Associates, Inc. v. Warner Electric, Inc., 723 F.2d 755 (10th Cir. 1983).
Frontier Federal Sav. and Loan Ass’n v. National Hotel Corp., 675 F.Supp. 1293 (D. Utah 1987)(defeated jurisdiction challenge on $14.2 million fraud case; eventually obtained judgment and repossessed three hotels).
Scheller v. Dixie Six Corp., 753 P.2d 971 (Utah App. 1988).
Wade v. Burke, 800 P.2d 1106 (Utah App. 1990).
Equitable Life & Cas. Ins. Co. v. Ross, 849 P.2d 1187 (Utah App. 1993).
Utah Dept. of Transp. v. 6200 South Associates, 872 P.2d 462 (Utah App. 1994).
Maack v. Resource Design & Const., Inc., 875 P.2d 570 (Utah App. 1994).
Mackay v. 7-Eleven Sales Corp., 995 P.2d 1233 (Utah 2000).
Worthen v. Walter, 2001 WL 422940 (Utah App. 2001).
Jones v. R.L.K Enterprises, 2001 WL 587140 (Utah App. 2001).
Estate of Berkemeir v. Hartford Ins. Co. of Midwest, 106 P.3d 700 (Utah 2004).
Chen v. Stewart, 100 P.3d 1177 (Utah 2004).
Chen v. Stewart, 123 P.3d 416 (Utah 2005)
Bradshaw v. Harker, No. 2:03–CV–00714 PGC; 2006 WL 538201 (D. Utah 2006)(U.S. District Court confirmation of complex arbitration award)
Kealamakia, Inc. v. Kealamakia, 213 P.3d 13 (Utah App. 2009)(affirming fraud award against shareholders, including attorney fee award for violation of fiduciary duty).
Bel Canto Design, Ltd. v. MSS HiFi, Inc., 837 F.Supp.2d 208 (S.D.N.Y. 2011)(entry of preliminary injunction for Lanham Act violations).
In the Matter of the Estate of Richard L. Barnes: We represented the Personal Representative, one of the heirs. Other heirs claimed Richard L. Barnes lacked testamentary intent to execute Trusts after February of 2014 and claimed the PR unduly influenced Dr. Barnes after that date. This case was resolved in mediation. The approach, however, was not to settle the disputes between the heirs but to renegotiate the terms of the Trust. We offered zero to settle the merits of the case, repeatedly but then negotiated to unlock assets from the Trust, altering life estates into complete ownership of Arrowhead Dental Lab and its building. This is the largest result of our career and around the fifth or sixth largest settlement or verdict in Utah. We thank Greg Zaugg and Thomas Price for their invaluable help and special thanks to the mediator, George Haley. (Third Judicial District Court of Salt Lake County, Probate No. 203901182), 2021

Representative Clients:

Mascaro Family Partnership v. Facer: We represented one of the two general partners in the Mascaro Family Partnership in what started as an embezzlement case against its other general partner. Two receivers were appointed in the case, one in charge of the sale of the Family Partnership's real estate holdings and, due to Tony Mascaro's incapacity, the other in charge of the litigation. In mediation, we settled the case as part of an agreement to alter the terms of the Family Partnership, in part setting aside $1 million for Tony Mascaro's medical expenses. We recovered approximately $400K from Defendant, representing 100% of the amounts claimed, plus interest and attorney fees. A special thanks to the two receivers, David Broadbent and R.L. Knuth, for their excellent work. (Third Judicial District Court of Salt Lake County, Case No. 160903337), 2020

Special Licenses/Certifications:

Kingswick Holdings, LLC v. RS Kingsland, LLC: This was a real estate dispute over the authority of the CEO of SilverLeaf Financial, Kingswick's manager, to sign a Loan Sale and Assignment Agreement (the "Assignment Agreement"), listing Kingsland as Assignee and Kingswick as Assignor. According to the terms of the Assignment Agreement, RS Kingsland is the assignee of a $5.2 million Promissory Note Kingsland Investments, L.P, executed in favor of Lehman Brothers Bank, FSB, as well as a Deed of Trust and Security Agreement to secure the Promissory Note. The Trust Deed was recorded against a warehouse in St. Louis. The Court initially determined that the CEO did not have actual authority. At the conclusion of a four-day bench trial, however, the Court concluded in a 15-page opinion dated April 11, 2016, that the CEO had apparent authority to execute the Assignment Agreement. The case was settled ten days later. (Third Judicial District Court of Salt Lake County, Case No. 140900578), 2016

Honors/Awards:

Super Lawyer by the Mountain States edition of Super Lawyers
AV Distinguished Peer Review rated by Martindale-Hubbell recognition for his high ethical standards and professional ability

Educational Background:

University of Utah, BS in Accounting, 1976

Scholarly Lectures/Writings:

The 2014 Utah State Bar Summer Convention, “The Economic Loss Rule”
State University of New York at Buffalo, cum laude, Note and Comment Editor, Buffalo Law Review, 1978-1979
The 2014 Utah State Bar Summer Convention, “The Impact of the New LLC Act on Closely-Held Member Litigation”
This presentation with Brent R. Armstrong outline the impact of the Utah Revised Uniform Limited Liability Company Act on disputes between and among members of Utah Limited Liability Companies, Presenter, The Impact of the 2014 Utah Revised Uniform Limited Liability Company Act on Disputes Between and Among Members of Closely-Held Limited Liability Companies, Utah State Bar, 2014
We presented the Economic Loss Rule and its interplay between contract law and tort law., Panel Member, Economic Loss Rule, Utah State Bar, 2014

Industry Groups:

Closely-Held Business Ownership Disputes

Mark A. Larsen