Bio

Areas of Practice:

For 30 years, Mr. Ostler has engaged in complex commercial litigation, representing numerous franchisors, franchisees, businesses, governmental entities, quasi-government entities (independent contractors subject to government contracts and audits) and private interests as general outside legal counsel, including franchise, business agreements, business torts, construction, intellectual property, employment law and constitutional litigation. Mr. Ostler has conducted litigation or related proceedings in the United States, Italy, France, Spain, Sweden, South Africa, Mexico, and the United Kingdom. He has represented parties in various cases in more than 200 cases involving more than $100,000 at issue. Mr. Ostler has represented Novell, Inc. in commercial and antitrust litigation; the Ensign Bickford Company in multinational and multi-district commercial and intellectual property litigation; the Benefit Strategies Trust in breach of fiduciary duties; ERISA and commercial litigation; Western Moulding Company, Davis Behavioral Health, Intermountain Health Care, DHI Computing, TEM, Inc., New Canyon Meadows, Inc., OK Manufacturing, Western Moulding companies in commercial litigation cases involving more than $1,000,000 at issue. Mr. Ostler has represented all of Utah’s school districts, the Utah School Boards Association, Utah School Principals Association, Davis Behavior Health, and the Jordan School District (Utah’s largest employer) and others in commercial, contract, constructions, purchasing, constitutional, and employment related issues and litigation. He has also practiced in civil litigation, employment law, construction law, intellectual property litigation, and real property and land development law.

Trial Experience:

Mr. Ostler tried more than one hundred cases to the bench, juries, arbitration panels, and administrative boards. Mr. Ostler specializes in commercial litigation, franchise litigation, employment law and related litigation in both State and Federal Courts, including the Utah Court of Appeals, Utah Supreme Court, Tenth Circuit Court of Appeals and the United States Supreme Court. Mr. Ostler has been the primary responsible attorney for cases involving every aspect of commercial litigation, including contract disputes, the Lanham Act, (copyright, trademark and patent infringement), Sherman AntiTrust Act, general corporate disputes, trade resolution, business torts, Constitutional privates rights of action, construction litigation, Article 2 Sales, Article 3 Leases, and Article 9 UCC enforcement, construction and liens of all types, dealer termination, franchise litigation, and complex party and multi-party and multi-district litigation, employment law and litigation, including litigation related to Constitutional torts, Title VII of the Civil Rights Act of 1964, Section 1983, the Americans with Disabilities Act, the Patman-Robinson Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Fair Labor Standards Act and the Equal Pay Act amendments thereto, the Rehabilitation Act and also under Utah’s Little Norris-LaGuardia Act and Utah Anti-Discrimination Law and employment contracts.

Education:

Juris Doctorate, Cum Laude from the University of Utah 1985
Member of the Utah Law Review 1984-1985
William Leary Scholar – University of Utah 1982-1985
Bachelor of Arts – Philosophy, Summa Cum Laude
Bachelor of Science – Psychology – Magna Cum Laude from Brigham Young University 1981

Utah Bar Appointments:

Chair of the Education Law Section of the Utah State Bar 1996
Chairman of the Law for Clergy Section of the Utah State Bar 1990

Publications:

Editor and author, Law for Clergy Handbook published by the Utah State Bar
Author of School Law in Utah, published by NBI
Published numerous articles of professional philosophical journals, including The International Journal for the Philosophy of Religion (published in the Netherlands) and Religious Studies (published at Oxford, England)

Languages:

Fluent in Italian and French; conversant in Swedish and Spanish; read German, Egyptian, Hebrew, Greek, and Latin

Interests:

Fly fishing, racquetball, and four wheeling.

Blake Ostler

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