Family Law

• Adoption
• Guardianship
  MCBB’s lawyers have provided pro bono representation in guardianship and adoption proceedings, protective orders, landlord-tenant disputes, environmental issues, consumer protection issues, and as general counsel for various nonprofit organizations. We were the first law firm partner in the University of Utah’s Pro Bono Initiative, in which law students work with local attorneys on pro bono projects.

Criminal Law

• Criminal Defense
  Indeed, although most enforcement actions under the Sherman Act are civil, the Sherman Act is also a criminal law. The maximum penalty for an individual under the Act is imprisonment not exceeding 10 years, and a fine of $1,000,000. The maximum penalty for a corporation is $100,000,000.
• Sex Crimes
  Consequently, employers should expect more instances of employees alleging sexual assault and sexual harassment filing their case in court regardless of whether they signed an arbitration agreement. Employers should also keep an eye on potential future developments in this area as well, as there is a potential for additional bills aimed at prohibiting predispute arbitration agreements in other employment related areas.
• Assault
• Restraining Order

Business and Corporate Law

• Business Disputes
  We know that business law is ultimately about solving people problems. The inventor whose idea was stolen by a would-be investor. The entrepreneur who needs to cover pandemic-related losses. The Human Resources professional who needs guidance handling a legal conflict with an employee.
• Business Transactions
  Manning Curtis Bradshaw & Bednar PLLC ("MCBB") formed in May of 1997. Our lawyers are trial lawyers, concentrating in complex commercial litigation, including labor and employment, securities, antitrust, class actions, product liability, and insurance defense, government defense, intellectual property, real property, environmental and insurance coverage. Although we’re primarily a litigation firm, our lawyers have transactional expertise and frequently provide counseling and advice on transactional matters and handle complex business transactions on a case-by-case basis. Our clients are clients of the firm.
• Trade Secrets
• Intellectual Property
  MCBB lawyers have represented medical product and device manufacturers ranging from large, publicly-held organizations to privately-held mid-size and start-up companies in various types of complex litigation, including commercial disputes, products liability actions, intellectual property disputes, and other tort and contract cases.
• Unfair Competition
  MCBB lawyers have represented both product manufacturers and advertising companies in many different litigation matters involving marketing and advertising, including consumer class actions, unfair competition and business practices, and other tort disputes.
• Antitrust
  Wage-Fixing and No-Poach Agreements: Employers Need to Know that the Biden Administration is Criminally Prosecuting Violations of Antitrust Law to Protect Workers

Employment Law

• Employment Contract
  Our business litigation team has extensive experience drafting, negotiating, and litigating restrictive covenants, including non-compete, nonsolicitation, confidentiality, and non-disclosure agreements. We have successfully represented companies seeking to prosecute such claims against former employees, as well as companies seeking to defend against such claims when they hire a new key employee. Our experience in this area includes prosecuting and defending claims seeking temporary restraining orders and preliminary injunctions. We also draft employment agreements, and provide advice and consultation on how to strengthen and interpret existing employment agreements and restrictive covenants.
• Employment Litigation
  Tier One Regional Ranking in Commercial Litigation, Construction Law, Management Employment Law, Insurance Law, Antitrust Litigation, and Labor & Employment Litigation.
• Non-compete Agreement
  As discussed above, it is well-established that the DOJ considers naked no-poach and wage-fixing agreements between employers to be per se illegal under Section I of the Sherman Act. But recently, the DOJ’s Antitrust Division submitted a Statement of Interest suggesting that some non-compete agreements between employers and employees “may [also] be unlawful under” the Sherman Act. To understand the Antitrust Division’s position, it is helpful to first have some familiarity with certain economic principles relevant to the Sherman Act.
• Sexual Harassment
  On March 3, 2022, President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (Act). The Act, which amends the Federal Arbitration Act, gives employees who assert sexual assault or sexual harassment claims the option to bring those claims in court even if the employee previously agreed to arbitrate sexual assault or sexual harassment disputes. Now the decision to bring their claims in court or through arbitration is left solely to the employee.

Property Law

• Premises Liability
• Construction Litigation
  MCBB regularly represents policyholders of all types, including large, publicly-held corporations, privately-held businesses, and individuals, in coverage disputes with their insurance companies. MCBB has had great success in turning denials of insurance coverage into substantial recoveries for its clients. MCBB has successfully litigated insurance coverage denials for environmental liability, construction defect liability, director and officer liability, errors and omissions liability, and many other liability and property claims.
• Land Use and Zoning
• Landlord-Tenant Disputes

Health Law

• Personal Injury
  MCBB’s government defense practice group consists of highly respected attorneys with extensive experience representing cities, counties, municipalities, police officers, and other governmental agencies and employees in a variety of matters. Such matters include labor and employment, land use and zoning, breach of contract, personal injury, premises liability, constitutional torts, and water rights. Regardless of the type of claim at issue, MCBB has the experience to successfully represent governmental entities and their employees.
• Medical Malpractice
• Social Security Disability
  Goodnight v. Chater litigation, MCBB was class counsel to a class of more than 5000 persons whose Social Security disability claims were denied. One of the reported decisions can be found at 960 F. Supp. 1538 (D. Utah 1997). At the time of the settlement, the Social Security Administration estimated it would pay back benefits of $22 million plus future benefits as a result of the settlement.

Finance Law

• Foreclosure
  MCBB represents property owners, construction contractors and creditors in all areas pertaining to real estate, including purchase and sale of commercial real estate, construction disputes, encumbrances, lease negotiation, commercial lease litigation, title disputes, and foreclosure of security interests. We have successfully litigated boundary by acquiescence, adverse possession, quiet title and partition of tenancy in common claims. We represent parties in construction disputes in trial, arbitration proceedings, and mediation. MCBB also represents the insureds of title insurance underwriters in priority of interests, ownership, quiet title, boundary and other disputes. MCBB has also represented clients in matters involving claims against title agents relating to their activities in handling and closing escrows.