Professional Biography
Mr. Fuller practices primarily in the areas of business
litigation, governmental law, and non-compete agreements and
trade secrets. He also represents clients in matters
involving water law, employment law, consumer protection,
personal injury, and land use. He brings significant
experience in all phases of litigation, including
pre-litigation counseling and negotiation, aggressive
discovery of the opponent's case, successful motions for
summary judgment, mediation and arbitration, bench and jury
trials, and appeals. Before joining Smith|Hartvigsen
in 2005, Mr. Fuller practiced in the litigation section of a
large and well-respected firm in Kansas City, Missouri.
Practice Areas
Business Litigation
Local Government Law
Non-competition Agreement and Trade Secrets Matters
Memberships
2006 Utah
2001 Kansas (currently inactive)
2000 Missouri (currently inactive)
2004 U.S. Court of Appeals, Eighth Circuit
Awards and Distinctions
2008 Utah Business Magazine, Utah Legal Elite,
Business Litigation
Education
Juris Doctorate, Duke University,
2000, where Mr. Fuller served as a research
editor of the Duke Journal of Comparative and International
Law,
and as a research and writing assistant to Professor
Steven Schwarcz
Bachelor of Arts in history, 1997, magna cum laude, Brigham
Young University
Professional Experience
Business Litigation
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Mr. Fuller represents companies in an aggressive, yet
cost-efficient manner in a wide variety of litigation
matters. He has successfully handled matters involving
shareholder disputes, securities fraud, contract disputes,
construction defects, non-compete agreements and trade
secrets, collection on delinquent accounts, fraud, credit
reporting, and other issues. For a number of years he
successfully functioned as lead counsel in Kansas and
Missouri in numerous matters involving delinquent accounts
and repossession for a nationwide supplier of heavy
equipment and machinery.
Governmental Law
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Mr. Fuller has successfully represented cities and towns
in matters ranging from eminent domain, annexation, and
disconnection to contract disputes, land use issues,
prosecution of misdemeanors, alleged violations of civil
rights, and police misconduct. For example, Mr. Fuller
was lead counsel for a city accused of violating civil
rights by removing junked vehicles from private property
without a warrant. He obtained summary judgment for
the city, which was challenged and upheld on appeal.
Benton v. City of Higginsville, 181 S.W.3d 190 (Mo. App.
W.D. 2005). He currently represents, along with other Smith
Hartvigsen attorneys, a number of cities and towns in Utah.
Non-Competition Agreements and Trade Secrets
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Mr. Fuller is an experienced non-competition agreement
and trade secrets attorney. He has litigated more than
a dozen such matters, including representing clients in
numerous preliminary injunction hearings. He has
helped businesses obtain injunctions against departed
employees who violate restrictive covenants, and he also has
successfully rebuffed such efforts while representing
individuals accused of breaching non-compete agreements
and/or disclosing trade secrets. He also provides
valuable service by using his extensive non-compete
litigation experience to help clients draft appropriate
non-compete agreements.
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