Peggy A. Tomsic

For more than 25 years, Peggy Tomsic has successfully represented defendants and plaintiffs in trials and appeals involving business litigation in federal and state courts in the Intermountain West, in California, and on the East Coast. Her business litigation practice includes trade dress, trademark, and patent infringement; breach of contract; breach of fiduciary duty; common law fraud; securities fraud; and eminent domain. She also has extensive experience representing clients in mediation, arbitration, and grand jury proceedings. In 2008, Peggy expanded her practice to include serving as a mediator and arbitrator. Peggy was awarded an AV rating by Martindale-Hubbell (TM) in 1994. She was recognized by her peers from 2006-2009 as one of the Legal Elite in Utah; was recognized in 2007, 2008, and 2009 in Super Lawyers (TM) as one of the Top Attorneys in Business Litigation; and was listed in 2008-2009 in Marquis Who's Who in America. Peggy was born in Price, Utah and grew up in Moab, Utah. Peggy has been named in Super Lawyers (TM) magazine as one of the top attorneys for 2007-2009 in the Mountain States region. Peggy was co-counsel with Magleby Cataxinos partner James E. Magleby in a more than five-week jury trial, in which the firm won a unanimous verdict of over $133 million for the firm's clients in a theft of trade secret, breach of Confidentiality Agreement, and breach of fiduciary duty case. The jury verdict was affirmed by the Utah Supreme Court in May 2016. Awards and Honors Super Lawyers® Selectees Peggy A. Tomsic included in a Super Lawyers® list Honors 2015 Christine Durham Utah Woman Lawyer of the Year 2015 YWCA Outstanding Achievement Award Winner – Law America’s Top 100 Attorney’s Lifetime Achievement – Utah 2016 Dr. Kisten Ries Community Service Award Other Sources of Feedback About Peggy A. Tomsic Included on the 2024Mountain States Super Lawyers list Past Lists 2023 Mountain States Super Lawyers list 2022 Mountain States Super Lawyers list 2021 Mountain States Super Lawyers list 2020 Mountain States Super Lawyers list 2019 Mountain States Super Lawyers list 2018 Mountain States Super Lawyers list 2017 Mountain States Super Lawyers list 2016 Mountain States Super Lawyers list 2015 Mountain States Super Lawyers list 2014 Mountain States Super Lawyers list 2013 Mountain States Super Lawyers list 2012 Mountain States Super Lawyers Super Lawyers list 2011 Mountain States Super Lawyers list 2010 Mountain States Super Lawyers list 2009 Mountain States Super Lawyers list 2008 Mountain States Super Lawyers list 2007 Mountain States Super Lawyers list

• Partner

• Berman, Tomsic & Savage, Managing Partner, 1983 - 2005
• Tomsic & Peck, Founding Member, 2005 - 2009

• Trial Advocacy, University of Utah Law School, 2001 - 2008

• USA Power, LLC, et al. v. PacifiCorp, et al.
• Citation: 2010 UT 31
• Court: Utah
• Year: 2010
• Dummar v. Lumis
• Citation: 543 F.3d 614
• Court: 10th Cir.
• Year: 2008
• Natural Organics, Inc. v. Nutraceutical Corp.
• Citation: 271 Fed. Appx. 89
• Court: 2d Cir.
• McCowin v. Salt Lake City Corp.
• Citation: 176 P.3d 492
• Court: Utah Ct. App.
• Committee on the Conduct of Attorneys v. Oliver
• Citation: 510 F.3d 1219
• Year: 2007
• Kilpatrick v. Wiley, Rein & Fielding
• Citation: 37 P.3d 1130
• Year: 2001
• American Cyanamid Co. v. Nutraceutical Corp.
• Citation: 54 F. Supp. 2d 379
• Court: D.N.J.
• Year: 1999
• USA Power, LLC v. PacifiCorp, 372 P.3d 629 (2016)
• Kitchen v. Herbert
• Citation: 961 F.Supp.2d 1181
• Court: United States District Court, Utah, Central Division
• Year: 2013
• Citation: 755 F.3d 1193
• Year: 2014

• United States District Court for the District of Utah Disciplinary Committee, 1997 - 2007
• Representative Clients
• Dietary Supplement Industry

• Utah, 1982
• U.S. District Court District of Utah
• U.S. District Court Southern District of New York
• U.S. Court of Appeals 2nd Circuit
• U.S. Court of Appeals 10th Circuit
• U.S. Court of Appeals 9th Circuit

• Salt Lake Chamber of Commerce, 2008 - Present (Member)