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Mr. Thaler has been with Ray Quinney & Nebeker since receiving both his undergraduate and law degrees from Duke University and he is a shareholder and director of the firm. His practice includes complex commercial litigation, general litigation, federal and state employment litigation, appellate litigation, tort and contract claims, administrative agency practice, and consultation with companies on a wide variety of business and employee issues. He has significant experience representing large manufacturers, airlines, mining concerns, national retail chains, ski resorts and ski and snowboard related companies, and businesses nationwide in a number of other industries. Mr. Thaler was recently appointed to a second four-year term on the Advisory Council for the Utah Antidiscrimination and Labor Division, which advises the Labor Commission and the Utah Legislature regarding labor and employment issues. He also frequently speaks and writes about various employment topics. Mr. Thaler just completed a four-year term as the firm's Marketing Partner and Chair of the firm's Business Development Committee. As such, he oversaw all business development, public relations, and marketing activities for the Firm. He currently serves as Chair of the firm's Winter Sports Practice Group, Vice Chair of the firm's Employment Section, and is one of three members of the firm's Associate Committee which is responsible for the supervision and professional development of the firm's associate attorneys. Mr. Thaler consistently receives excellent ratings in numerous peer reviews. He maintains an AV rating with Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics. He is also listed in The Best Lawyers in America, is consistently voted by his peers as among Utah's "Legal Elite" (as published in Utah Business Magazine), and is listed among the top 5% of lawyers by Mountain States Super Lawyers, another peer reviewed process. Clients and lawyers surveyed by Chambers USA state that Mr. Thaler is an "uncanny judge of character with an excellent ability for exacting the truth from people," and praise his writing as "keen and consise."
REPRESENTATIVE REPORTED CASES
Tademy v. Union Pacific Railroad Company, 2006, WL 325376 (D.C. Utah 2006) (obtained summary judgment for railroad on plaintiff's Title VII and Section 1981 race discrimination claims and FELA claims).
Ogbedeagu v. Autoliv ASP, Inc., 2006, WL 3307258 (10th Cir. 2006) (affirming summary judgment on claims for race discrimination, military discrimination (USERRA), and retaliation).
Knapp v. America West Airlines, Inc., 2006 WL 3387852 (10th Cir. 2006) (affirming summary judgment for airline on FMLA case and motion to dismiss state claims based on federal preemption).
Pett v. Autoliv ASP, Inc., 106 P.3d 705 (Utah 2005) (interlocutory appeal in which Utah Supreme Court affirmed lower court granting of defendant’s motion to amend complaint to add after-acquired evidence defense in contract action).
D.A.D. v. Kennecott Utah Copper Corporation, Case No. 8030839 (Utah Labor Commission 2005) (obtained summary judgment for Kennecott on sexual harrassment and retaliation claims).
King v. Autoliv ASP, Inc., 2004 WL 724400 (D. Utah 2004) (obtained summary judgment for Autoliv on all of plaintiff's claims, including claims for violation of ADA, retaliation, and intentional infliction of emotional distress).Prathan v. Autoliv ASP, Inc., 117 Fed. Appx. 650 (10th Cir. 2004) (affirming summary judgment to defendant on all claims, including ADA, ERISA, implied contract, and implied covenant of good faith and fair dealing claims).
Eddy v. Autoliv ASP, Inc., 203 Ut. App. 97 (Ut. Ct. App. 2003) (affirming summary judgment to employer on defamation and false light claims on the grounds of conditional and absolute privilege, and on the merits).
Peterson v. Delta Air Lines, Inc., 42 P.3d 1253 (Ut. Ct. App. 2002) (affirming state court dismissal of breach of implied contract, civil conspiracy, and intentional infliction of emotional distress claims on federal pre-emption grounds).
Hollins v. Delta Airlines, 238 F.3d 1255 (10th Cir. 2001) (affirming summary judgment for airline on Title VII and Section 1981 race discrimination claims).
Packard v. Continental Airlines, Inc., 24 Fed. Appx. 960 (10th Cir. 2001) (cert. denied) (Tenth Circuit affirmed summary judgment for airline in FMLA case, and United States Supreme Court denied cert.).
Eddy v. Autoliv ASP, Inc., 2000 U.S. App. LEXIS 20165 (10th Cir. 2000) (Tenth Circuit affirmed summary judgment for employer on Title VII sexual and racial hostile work environment claims, discrimination, Equal Pay Act, and state claims for breach of contract, misrepresentation, and defamation).
Hansen v. Alta Ski Lifts Company, 1998 U.S. App. LEXIS 6578 (10th Cir. 1998) (affirming summary judgment for ski resort in Title VII retaliation claim).
Keoughan v. Delta Air Lines, Inc., 1997 U.S. App. LEXIS 12232 (10th Cir. 1997) (affirming summary judgment for airline on ADA claim).
EDUCATION
Duke University, J.D., 1994
American Jurisprudence of Law Award
Duke University, B.A., Public Policy Studies, 1990
Dean's List
PRACTICE AREAS
Employment and Labor Law and Litigation
Litigation
Appellate Practice
Winter Sports Practice Group
Automobile Dealer Law
PRIOR PROFESSIONAL EXPERIENCE
Development Coordinator, University of Utah Development Office, Salt Lake City, UT, 1990-91 (conducted fund-raising activities with high-level donors)
Summer Clerk, Ray Quinney & Nebeker, May-August 1992 and 1993
ADMITTED TO PRACTICE
United States Supreme Court
United States Court of Appeals, Ninth Circuit
United States Court of Appeals, Tenth Circuit
United States District Court, District of Colorado
United States District Court, District of Utah
United States District Court, District of Massachusetts
United States District Court, District of California
Utah Supreme Court
Utah Court of Appeals
Utah State Bar
PROFESSIONAL AFFILIATIONS AND MEMBERSHIPS
Member, American Bar Association
Member, Utah Bar Association
Member, Salt Lake County Bar Association
Member, American Employment Law Council
Founding Member, Senior HR Forum
PUBLICATIONS AND PRESENTATIONS
Sarbanes-Oxley: Managers Can Be Held Criminally Liable for "Retaliating" Against "Whistleblowers", Utah Business magazine, May 2005
Maintaining a Union Free Environment
Finding and Retaining More A's & B's and Getting Rid of the C's
The Pitfalls of Charitable Performance Reviews
Avoiding Liability Through Employee Handbooks
Americans With Disabilities Act: The Courts Deliver Answers
Recent Developments in Utah Employment Law
Sex Discrimination in the Workplace: Some Guidelines for Employers and Legal Update
Same-Sex Sexual Harassment: Is It Actionable
Limiting Liability During Downsizing
Defamation/Employer Reference Issues: Can I Be Honest and Get Away With It
Sexual Harassment Update
Theories of Wrongful Discharge
Conducting an Internal Investigation
Supervisor Harassment and Employer Liability
PROFESSIONAL AND CIVIC ACTIVITIES
Advisory Council to the Utah Antidiscrimination and Labor Division of the Labor Commission
American Bar Association's EEO Section
Founding Member, Senior HR Forum
Former Member, Easter Seal Society of Utah-Americans With Disabilities Act Committee
Former Member, Easter Seal Society of Utah-Human Resources Committee |
