Jason D. Boren
Jason D. Boren

Jason D. Boren

Partner

borenj@ballardspahr.com
Tel 801.517.6827
Fax 801.531.3001
Salt Lake City

Jason D. Boren is an experienced litigator at both the trial and appellate levels. His litigation practice focuses on complex civil and business litigation disputes involving a wide variety of matters including corporate governance and control, employment, real estate and construction, receivership litigation, intellectual property and false affiliation claims.

Mr. Boren has extensive experience with corporate governance disputes and dissenter's rights cases. Mr. Boren has represented officers, directors, corporations and shareholders in cases involving breaches fiduciary duty, breaches of contract, conversion, conspiracy, dissolution and appraisal of shares pursuant to the Utah dissenter's rights statute. Mr. Boren is one of a few lawyers in Utah who has handled a dissenters' rights appraisal proceedings through trial.

Mr. Boren's employment practice includes representation of employers in actions involving age discrimination, sexual harassment, failure to accommodate, trade secrets, retaliation, FMLA, breach of non-solicitation, noncompetition and non-disclosure agreements, wrongful discharge, employment tort claims, including claims for defamation and emotional distress, and employee benefits and disputes arising under ERISA.

Mr. Boren's real estate litigation practice includes representation of clients in disputes involving construction, condemnation, landlord/tenant, premises liability, easements, developer liability, real estate broker and agent liability, foreclosure, and quiet title actions.

Mr. Boren represents clients in state, federal, and appellate courts and defends them against administrative charges before the Utah Labor Commission, Equal Employment Opportunity Commission, Department of Labor, National Labor Relations Board and Occupational Safety and Health Administration. He also represents clients before the Utah Public Service Commission, the Utah Division of Real Estate, the Utah Division of Occupational and Professional Licensing and the Utah Insurance Division.

Mr. Boren serves as outside general counsel for Utah to a large medical professional liability insurance company.

Since 2005, Mr. Boren has been recognized annually as one of Utah's "Legal Elite" in litigation in Utah Business magazine.

At Ballard Spahr, Mr. Boren is Partner-in-charge of the Salt Lake City Hiring Committee and serves on the firm's Western Litigation Partners and Allocation Committees.

Representative Matters

Corporate Governance / Control

  • Software Forensics LLC v. Thompson, et al. (Fourth District, Utah) Case No. 130401037 (represent dissenting shareholders in fair value appraisal lawsuit)
  • Thompson et al. v. Software Forensics, Inc. et al., Case No. 2:12-cv-338RJS (represented minority shareholders in case involving claims for breach of fiduciary duty, conversion and conspiracy)
  • MAGE Hertzberg GmBH v. TRA-MAGE, Inc., (Fourth District Utah) Case No. 110402161(represented company in case seeking claims for, among other things, judicial removal of directors, breach of fiduciary duty, intentional interference with contractual relations, judicial dissolution and breach of contract)
  • Chorn v. Thomas, (First District Nevada) Case No. 100C00345 (represented partner of company in which claims were asserted for, among other things, breach of contract, dissolution, accounting and breach of fiduciary duty)
  • Footer v. New Moon Media, LLC et al. (Third District, Utah) Case No. 080926276 (represented client in dispute involving claims for expulsion of limited liability company member, removal of management authority, conversion, and breach of duty)

Employment

  • Successfully obtained summary judgment on former employee's claims of age, race/national origin discrimination, retaliation in violation of Title VII of the Civil Rights Act of 1964, and retaliation in violation of the Age Discrimination in Employment Act. (Cruces v. International Down & Feather Testing Laboratory, 956 F.Supp.2d 1299 (D. Utah 2013), 119 Fair Empl. Prac. Cas. (BNA) 48; 2012 WL 3756867 (D. Utah August 28, 2012)
  • Successfully represented defendant in a 10th Circuit appeal affirming summary judgment on claims of promissory estoppel, fraudulent inducement, and negligent misrepresentation. (Rohr v. Allstate Financial Services, 529 Fed.Appx. 936 (2013)
  • Successfully represented defendant employer against unlawful termination claim by in-house counsel
  • Successfully represented hospitality client in trial before the Utah Labor Commission for claims of employment discrimination on the basis of national origin, age, retaliation, and disability. (Besic v. Ocean Properties (Marriott)) Utah Labor Commission, Adjudication Division, Case No. 8000205, January 31, 2012)
  • S&S Worldwide, Inc. v. Rohwer et al., Case No. 140100100 (First District, Utah). Successfully obtained preliminary injunction restraining former employee from disclosing confidential and trade secret information
  • Routinely obtain temporary restraining orders and injunctions for companies whose employees violate confidentiality, non-solicitation and non-compete provisions in their employment contracts

Real Estate / Construction

  • Successfully represent real estate brokers, real estate agents and developers in connection with claims asserted by purchasers of real estate for alleged negligence, fraud and non-disclosure. See Stanley v. Slifer Smith & Frampton Par City, Inc. et al. (Fourth District, Utah) Case no. 110500423
  • Regularly represent commercial property owners/landlords in connection with tenant disputes, unlawful detainer and related matters
  • Represent clients in connection with condemnation proceedings and successfully obtain orders of immediate occupancy with respect to land sought to be condemned
  • Represent clients with respect to property boundary disputes and quiet title actions
  • Successfully represented client in obtaining dismissal premises liability claims for slip and fall accident
  • Successfully represent clients in foreclosing on property (both judicial and non-judicial) used to secure loans
  • Represent clients with respect to mechanics' liens and construction claims

Professional Activities

Utah State Bar

Utah Trial Lawyers Association

Salt Lake County Bar Association

Team leader, "Tuesday Night Bar," a volunteer program providing free legal advice, 2000

Former Judge Pro Tempore, Third Judicial District Court, where he heard small claims court matters

Speaking Engagements

Co-speaker, "Turn the Other Cheek: Avoiding Retaliation in the Employment and Whistleblower Context," Salt Lake SHRM Employment Law Seminar, April 16, 2015

"Social Networking, Enjoy the Benefits & Avoid the Pitfalls," Ballard Spahr and the Association of Corporate Counsel (ACC), Mountain West Chapter, Salt Lake City, December 9, 2009

Recognition & Accomplishments

Chambers USA: America's Leading Lawyers for Business, labor and employment law, 2017


University of Utah, S.J. Quinney College of Law (J.D. 1997)
Staff Member, Journal of Energy, Natural Resources & Environmental Law; Member, Order of the Coif (awarded to top 10 percent of class); Recipient, William H. Leary Scholar; legal writing teaching assistant

University of Utah (B.A. 1994), cum laude)

Languages

Spanish

Utah

U.S. District Court for the District of Utah

U.S. Court of Appeals for the 10th Circuit