Jonathan O. Hafen
Shareholder
Direct: 801.257.7915
Email:
LANGUAGE
  • German
EDUCATION
  • 1991, J.D., Brigham Young University, magna cum laude, Order of the Coif, Executive Editor, Brigham Young University Law Review
  • 1988, B.A., summa cum laude, Brigham Young University
  • 1986, A.A. with highest honors, Ricks College
BAR ADMISSIONS
  • 2011Wyoming
  • 1992Utah
  • 1992Illinois
PROFESSIONAL ACTIVITIES
  • Member, Board of Governors, Salt Lake Chamber of Commerce; Chair, International Committee
  • National Vice President for the Tenth Circuit, Federal Bar Association
  • Chair, Supreme Court Advisory Committee on the Utah Rules of Civil Procedure
  • Former Chair and current Executive Committee Member, Litigation Section, Utah State Bar
  • Member, Utah State Bar, Labor & Employment
  • Executive Committee, Utah State Bar Litigation
  • Board Member, Law & Economics Society
  • Board Member and Executive Committee, BYU Law School Alumni Association
  • Board Member for the BYU Alumni Association
  • Chair, Tuacahn Center for the Arts
  • Chair, Utah State Bar Continuing Legal Education Committee
  • National Vice President for the Tenth Circuit, Federal Bar Association
CLERKSHIPS
  • 1991, Clerk to the Honorable Monroe G. McKay, Chief Judge of the U.S. Tenth Circuit Court of Appeals.

Jonathan Hafen has extensive experience representing clients in federal and state courts.  He has been widely praised by clients and peers for his skilled and efficient approach to litigation.  As a trial lawyer, Mr. Hafen handles a wide variety of litigation, including cases in the areas of securities and investment law, employment law, breach of contract, property disputes, road and access cases, intellectual property, medical devices, pharmaceutical products, disputes over ownership and control of businesses, class actions, construction law, and legal malpractice defense.  Mr. Hafen also serves as legal counsel to a number of small, midsize and multinational companies, utilizing the significant resources available at Parr Brown to address the broad spectrum of legal challenges routinely confronting business leaders.

Mr. Hafen has been awarded an AV rating – the highest awarded by Martindale-Hubbell.  He has been repeatedly recognized as a top commercial litigator by Best Lawyers in AmericaChambers USA – America’s Leading Business Lawyers, Benchmark Litigation, and by Utah Business magazine as one of Utah’s Legal Elite.  Mr. Hafen was named “Lawyer of the Year” in Employment Law for Individuals (2015) by Best Lawyers. He also continues to be recognized as one of the “Top 75” lawyers in the Intermountain area by Mountain States Super Lawyers.  Following a nomination, research and blue ribbon review process, Mr. Hafen was named one of the “Top 10″ Lawyers in the Mountain States (Utah, Nevada, Idaho, Montana, and Wyoming) by Super Lawyers Magazine for 2012 and “Top 100″ for 2013, 2015 and 2016.

He graduated magna cum laude from BYU Law School in 1991, clerked for Monroe McKay, Chief Judge of the U.S. Tenth Circuit Court of Appeals, and worked at one of the nation’s largest law firms, Sidley & Austin (Chicago) from 1992-95.

Mr. Hafen’s clients have enjoyed significant successes both at trial and in negotiated settlements.  Trial victories include a jury award of over $2.2 million for defamation and tortious interference, an arbitration award dismissing a senior employee’s $330 million claim for breach of contract and fraud against a former employer, a judgment in excess of $600,000 in a breach of contract action, which was upheld on appeal, and a ruling that a disputed road leading to a 10,000 acre ranch in the Uinta Mountains was public, which also was upheld on appeal.  Settlements include a $15 million recovery in a securities fraud class action against multiple domestic and foreign defendants, a $2 million mediated settlement in an accounting malpractice action, a $2 million mediated settlement in a product liability case, a $500,000 recovery for breach of a non-competition/non-solicitation contract, and numerous other significant recoveries.  In addition to these results for companies and individuals pursuing claims, Mr. Hafen has successfully defended many companies and individuals facing claims such as theft of trade secrets, securities fraud, breach of contract, employment discrimination, usurping corporate opportunities, compliance with the Americans with Disabilities Act, and shareholder oppression.

Mr. Hafen has represented major national corporations, including Walgreens, Lloyds of London, eCollege.com, and Merrill Lynch, as well as some of Utah’s leading companies, including StoresOnline, Merit Medical, Franklin Covey, Mountain West Telecom, InsideOut Consulting, ListMarketer Software, Hearts for Hospice and Datamark.  Other representative clients include Eleutian Technology, Technology Integration Group, and Star Buffet.

Mr. Hafen has also defended a number of prestigious Utah law firms and lawyers facing claims for legal malpractice.  Mr. Hafen’s clients have enjoyed significant success in such matters.  References are available upon request.

In addition to acting as an advocate, Mr. Hafen is available as a mediator.  In that capacity, he favors an activist approach, which includes assisting parties in recognizing the potential weaknesses of their claims and defenses.  Mr. Hafen employs strategic negotiation involving more than merely carrying offers from one party to another.  Mr. Hafen is also available to serve as an arbitrator for parties seeking to retain a private judge.

With years of experience dealing with companies facing claims of mismanagement and fraud, Mr. Hafen is qualified to serve as a private or Court-appointed Receiver in cases where a company has been compromised by actual or alleged misconduct of its owners or executives.  He is available to conduct independent investigations of allegations of misconduct raised by shareholders of companies or members of limited liability companies.

Mr. Hafen is heavily involved in work for charitable organizations, and currently serves as Chairman of the Board of Tuacahn Center for the Arts and for Tuacahn High School for the Performing Arts, which is one of Utah’s first and most successful charter schools.  He supports numerous professional organizations, holding leadership positions with the Federal Bar Association, the Utah State Bar Litigation Section, BYU Alumni Association, BYU Law School Alumni Association, and the J. Reuben Clark Law Society.  He has served for a number of years on the Utah Supreme Court Advisory Committee on the Rules of Civil Procedure.

Mr. Hafen has published and lectured widely on a variety of topics, including investment fraud, antitrust law, professionalism and civility, legal ethics, employment law, securities law compliance, and litigation strategy.  He has authored or co-authored articles appearing in The Harvard International Law Journal, St. John’s Law Review, The Boston University Public Interest Law Journal, The BYU Law Review, George Mason Law Review, and the Notre Dame Journal of Law, Ethics, and Public Policy.

 

Publications & Speaking Engagements:
  • Utah State Bar Securities Section, August 2015
  • Utah Global Forum, August 2015
  • May 2015
  • San Antonio, Texas, April 2015
  • BYU Law School, April 2015
  • Washington, D.C., March 2015
  • November 2014
  • Snowmass, Colorado, July 2014
  • Fall Forum, November 15, 2013
  • To Avoid Getting Hit By The Litigation Bus: Stop, Look, and Listen, July 8, 2013
  • May 10, 2013
  • Southern Utah Federal Law Symposium, May 4, 2012
  • Weber County Bar Association, February 24, 2012
  • Davis County Bar Association, December 7, 2011
  • The Utah Land Use Conference, October 12, 2011
  • BYU Education Week, August 18, 2011
  • Southern Utah Federal Law Symposium, May 13, 2011
  • Weber County Bar Association, February 25, 2011
  • Utah State Bar Fall Forum, November 2010
  • BYU Education Week, August 2010
  • Utah State Bar Annual Meeting, July 2010
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Jonathan Hafen has extensive experience in federal and state courts with employment law issues including discrimination claims, trade secret disputes, breach of non-competition and non-solicitation covenants, as well as wage claims. Following his clerkship with the Honorable Monroe G. McKay of the U.S. Tenth Circuit Court of Appeals, Mr. Hafen practiced for three years at the Chicago office of Sidley & Austin. While at Sidley & Austin, Mr. Hafen spent significant time representing Commonwealth Edison on employment and regulatory matters. Since joining Parr Brown in 1995, he has handled numerous employment cases.

Representative clients for employment issues include Rotech Healthcare, Inc., Flanders Corporation, MountainWest Telecom, eCollege, Timpanogos Wireless, and Star Buffet.

Mr. Hafen has published and lectured widely on a variety of topics including legal ethics, litigation strategy and employment contracts and covenants not to compete. He has authored or co-authored articles appearing in The Harvard International Law JournalSt. John’s Law Review,The Boston University Public Interest Law JournalThe BYU Law Review, and the Notre Dame Journal of Law, Ethics & Public Policy. Most recently, Mr. Hafen co-authored “The Law and Economics of Post-Employment Covenants: A Unified Framework,” which was published in theGeorge Mason Law Review.

Mr. Hafen has been awarded an AV rating – the highest awarded by Martindale-Hubbell.  He has been repeatedly recognized as a top commercial litigator by Best Lawyers in AmericaChambers USA – America’s Leading Business Lawyers, Benchmark Litigation, and by Utah Business magazine as one of Utah’s Legal Elite.  Mr. Hafen was named “Lawyer of the Year” in Employment Law for Individuals (2015) by Best Lawyers. He also continues to be recognized as one of the “Top 75” lawyers in the Intermountain area by Mountain States Super Lawyers.  Following a nomination, research and blue ribbon review process, Mr. Hafen was named one of the “Top 10″ Lawyers in the Mountain States (Utah, Nevada, Idaho, Montana, and Wyoming) by Super Lawyers Magazine for 2012 and “Top 100″ for 2013, 2015 and 2016.

Mr. Hafen devotes a significant part of his practice to representing companies and individuals in securities litigation.  He represents both public and private companies seeking funds from public and private markets, as well as venture capital companies involved in investing in such companies.  He regularly defends companies, officers and directors facing large and small securities lawsuits or administrative actions.

Mr. Hafen has pursued and defended securities-related shareholder derivative actions, class actions, proxy disputes, and claims by minority shareholders.  He has also represented companies and individuals in enforcement actions and civil litigation brought by the Securities and Exchange Commission and the Utah Division of Securities.

While much of Mr. Hafen’s time is devoted to defending companies and individuals facing securities claims, Mr. Hafen also has represented hundred of individual investors over the years.  Cases have ranged from pursuing international banks, accounting firms, promoters, and others involved in perpetrating investment fraud through ponzi schemes or other scams, to pursuing claims against companies and individuals for making misrepresentations in offering documents, prospectuses, and investment contracts.  For plaintiffs, Mr. Hafen has obtained multiple recoveries in excess of $1 million, including recovering over $15 million for defrauded investors in a single class action.

Mr. Hafen has been awarded an AV rating – the highest awarded by Martindale-Hubbell.  He has been repeatedly recognized as a top commercial litigator by Best Lawyers in AmericaChambers USA – America’s Leading Business Lawyers, Benchmark Litigation, and by Utah Business magazine as one of Utah’s Legal Elite.  Mr. Hafen was named “Lawyer of the Year” in Employment Law for Individuals (2015) by Best Lawyers. He also continues to be recognized as one of the “Top 75” lawyers in the Intermountain area by Mountain States Super Lawyers.  Following a nomination, research and blue ribbon review process, Mr. Hafen was named one of the “Top 10″ Lawyers in the Mountain States (Utah, Nevada, Idaho, Montana, and Wyoming) by Super Lawyers Magazine for 2012 and “Top 100″ for 2013, 2015 and 2016.

Securities Practice Areas:

– Class Actions
– Investor Fraud
– Federal and State Enforcement Proceedings
– Proxy Disputes
– Derivative Cliams
– Internal Investigations

Publications & Speaking Engagements:
  • Utah State Bar Securities Section, August 2015
  • Utah Global Forum, August 2015
  • May 2015
  • San Antonio, Texas, April 2015
  • BYU Law School, April 2015
  • Washington, D.C., March 2015
  • November 2014
  • Snowmass, Colorado, July 2014
  • Fall Forum, November 15, 2013
  • To Avoid Getting Hit By The Litigation Bus: Stop, Look, and Listen, July 8, 2013
  • May 10, 2013
  • Southern Utah Federal Law Symposium, May 4, 2012
  • Weber County Bar Association, February 24, 2012
  • Davis County Bar Association, December 7, 2011
  • The Utah Land Use Conference, October 12, 2011
  • BYU Education Week, August 18, 2011
  • Southern Utah Federal Law Symposium, May 13, 2011
  • Weber County Bar Association, February 25, 2011
  • Utah State Bar Fall Forum, November 2010
  • BYU Education Week, August 2010
  • Utah State Bar Annual Meeting, July 2010

CONTACT US

If you think there’s a potential fit, or you’d like to discuss your situation, we’d love to hear from you.
Call, email or stop by our offices today.

Principled. Results.
Parr Brown Gee & Loveless

101 South 200 East, Suite 700
Salt Lake City, UT 84111

Tel. 801.532.7840
Fax. 801.532.7750

mkano@parrbrown.com

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