Attorneys

Our attorneys have combined decades of experience representing a variety of clients—from Fortune 500 companies to small companies and individuals—throughout Utah, California, and in many other jurisdictions across the country.

Jenifer Tomchak

Jenifer L. Tomchak
Rated by Super Lawyers


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Languages

Spanish

Practice Areas

Education

2023, Mediation Training
2004, J.D., University of Utah, Order of the Coif, Utah Law Review
2004, M.B.A., University of Utah
2000, B.A., Utah State University, magna cum laude, Political Science and certificate in International Relations

Bar Admissions

Utah
U.S. District Court, District of Utah
Tenth Circuit
U.S. Supreme Court

Professional Activities

American Bar Association
Leadership Academy, Co-Chair
Litigation Section, Past President
Federal Bar Association, Younger Lawyers Division Past President, Law Student Division Chair
Salt Lake County Bar Association
Utah Center for Legal Inclusion, Policies Committee Member
Utah Chapter of Federal Bar Association, Past President
Utah Minority Bar Association
Utah State Bar, Annual Convention 2018, Co-Chair
Utah State Bar, Bar ReView, Co-Chair
Utah Young Lawyers Division, Past President, Past Chair Community Service
Women Lawyers of Utah, Secretary, Past Chair Career Advancement

Clerkships

2005, Justice Durrant, Utah Supreme Court

Jen Tomchak is a passionate and skilled advocate for her clients. She spent thirteen years practicing at one of the best commercial law firms in Salt Lake City, Parr Brown Gee & Loveless. There she gained extensive experience representing clients in a wide variety of commercial litigation matters before opening her own firm. She continues to represent clients, large and small, in commercial disputes. She is well recognized and admired by other Utah lawyers for the quality of her work. She is an excellent writer and an accomplished oral advocate, regularly handling hearings in both federal and state courts. Her background in business administration also gives her added insight into the operations of her clients and the ability to provide practical business advice in connection with the clients’ legal options. Clients appreciate her dedication to their cases and trust her to provide sound advice on how to resolve their legal issues. Ms. Tomchak has been praised by her clients for her efficient and effective approach to litigation. She serves as legal counsel to a number of small, midsize, national, and international companies. Ms. Tomchak is also a certified mediator. She is skilled in finding creative solutions to bring parties together. 

Since early in her career, Ms. Tomchak has been recognized for her skilled representation of clients in litigation. Since 2008, Ms. Tomchak has been recognized in Mountain States Super Lawyers as a “Super Lawyer” or “Rising Star,” a distinction bestowed on only 5% of attorneys in the Mountain States who have attained a high-degree of peer recognition and professional achievement. In April of 2009, she was recognized by Utah Business magazine as one of “Utah’s 30 Women to Watch.” She has also continuously been listed in Utah Business magazine as one of Utah’s Legal Elite in business litigation.

Education

A graduate of Utah State University, Ms. Tomchak received her B.A. in Political Science, magna cum laude, a minor in Spanish, and a Certificate in International Relations. She interned in Washington, DC for U.S. Senator Mike Crapo, and then earned both her M.B.A. and J.D. in 2004 from the University of Utah, Order of the Coif. After graduating from law school, Ms. Tomchak clerked for Utah Supreme Court Justice Matthew Durrant.

Practice Areas

Professional and Legal Malpractice Liability Defense: Ms. Tomchak has significant experience defending individual attorneys, law firms, and other professionals against claims alleging malpractice, breach of contract, breach of fiduciary duty, and negligence. She has been able to substantially limit the defense costs and risk of exposure for national and regional law firms and their attorneys by effectively using dispositive motions and discovery techniques to narrow the claims and potential damages asserted against them. These attributes are exemplified by her recent cases, including successfully resolving claims filed against a regional firm in the firm’s favor on a motion to dismiss and successfully resolving claims filed against a regional firm and its attorneys in their favor on a motion for summary judgment. In a recent case, a claim for tens of millions of dollars was resolved in a nominal walk-away settlement for her client after many of the claims were dismissed on a motion for summary judgment.

Business Disputes: Ms. Tomchak has helped many companies, partners, and members navigate the difficult waters of business divorces and other types of partner and shareholder disputes.

Commercial Banking and Equipment Finance Litigation: Ms. Tomchak has extensive experience representing clients in litigation relating to commercial banking and equipment finance laws. She has represented international banks and companies in connection with enforcing their rights under equipment leases and loans through litigation and collection efforts. She has also represented clients in a wide variety of commercial banking litigation, including in cases with issues relating to depository and payor/drawee bank and lending liability under the Utah Uniform Commercial Code and the Truth in Lending Act. In both a recent arbitration and a recent trial, Ms. Tomchak’s clients received a defense verdict for hundreds of thousands of dollars.

Securities and Investment Litigation: Ms. Tomchak has experience both pursuing and defending securities-related claims. She has represented numerous investors in litigation against promotors and others involved in perpetrating investment fraud through Ponzi schemes and other fraudulent conduct. She has also defended large companies and officers from derivative actions and claims by minority shareholders.

Employment Law: Ms. Tomchak handles a wide variety of employment law issues. She has significant experience with employment litigation, including trade secret disputes, enforcement of non-competition and non-solicitation agreements, employee fraud, enforcement and defense of severance and ERISA claims, and other types of wage and discrimination claims. As part of her employment practice, Ms. Tomchak regularly advises clients with respect to employment contracts, policies, and their employment-based immigration needs, including temporary and permanent work visas and worksite enforcement. On a recent motion for summary judgment, Ms. Tomchak not only got the claims against her client dismissed, but also received an award of nearly $200,000 for her client. 

Appeals: Ms. Tomchak has successfully handled appeals for her clients on a wide variety of legal topics in both the state and federal courts of appeals.

Personal

Ms. Tomchak, an Idaho native, grew up helping her father on his cattle ranch. She earned money for college tuition by working in spud harvest and working two jobs at the administrative offices of her local mall and as a night supervisor for Dairy Queen. She is a first-generation college graduate, who understands the value of hard work.

Ms. Tomchak is as fearless in her personal life as she is in zealously representing her clients. Her favorite pastime is to travel the world with her husband and three young children. She has traveled to 50 countries on every continent except Antarctica. She also enjoys mountain-biking, rock climbing, skiing, and reading historical fiction.

Professional Associations and Awards

Ms. Tomchak makes significant contributions to her profession and community. For this she has been recognized as Utah Business Magazine’s 30 Women to Watch, a 2016 recipient of the Utah Hearts and Hand Award, and the 2016 recipient of the Litigation Section’s Litigator’s Cup (the Stanley Cup for litigators practicing in Utah). She was also honored in 2020 as the recipient of the prestigious Dorothy Merrell Brothers Award. This award is presented by the Utah State Bar to one female attorney each year.

Ms. Tomchak is a well-recognized leader in the Utah legal community. She has served on and led a number of professional associations. She is a Past President of the Utah Chapter of the Federal Bar Association, Utah Litigation Section, and Utah Young Lawyer’s Division. She is a current officer on the Women Lawyers of Utah Board. She continues to serve on both the local and national boards of the Federal Bar Association. She is a Co-Chair of the Utah State Bar’s Leadership Academy. In 2018, she served as the Co-Chair of the Summer Convention for the Utah State Bar. She was an organizing member of the Books from Barristers Program for the Utah State Bar. She continues to work on diversity issues, having served a Fellowship with the Multi-Cultural Legal Center and as a current member of the Utah Minority Bar Association. She also serves as a committee member of Utah Center for Legal Inclusion (UCLI), for which she drafted many proposed policies for firms to adopt to advance diversity in the workplace. In each of these roles, she seeks to increase access to justice, improve diversity in the legal profession, and increase awareness of domestic violence issues. In 2023, Ms. Tomchak received the Outstanding Leader Award from the National Federal Bar Association.

Recent Presentations

Best Practices for Law Student Engagement, National Federal Bar Association Leadership Summit, Washington, D.C., March 2024

Lessons Learned: Advice All Lawyers Should Learn Early in Their Career, Rising Professionals Symposium, Phoenix, Jan. 2024

Secrets for Success: Best Practice in the Legal Profession, Federal Bar Association Annual Conference, Memphis, Sept. 2023

Summer Employment Law Seminar, A Discussion about Civility and Professionalism, Utah Employment Lawyers Association, June 2023

Being More Persuasive in What we Write and Say, Litigation Section Trial Academy Faculty, Fall Forum, Nov. 2023

How to Avoid Malpractice, USB Annual Convention, July 2018

Best Practices for Promoting Diversity, FBA, Moderator, March 2018

How Not to Lose Your Appeal at Trial, FBA, Moderator 2017

Expert Discovery, Trial Academy, Fall Forum 2016

Ethics and Etiquette in Federal Practice, Moderator, June 2017 and 2018

Social Media Discovery: Authentication, Spoliation, Preservation and Other Obstacles, BLI Institute, Jan. 2016

Tips and Tricks all Practitioners Should Know to Practice in the Third District, annually since 2014

Nicole Skolout

Practice Areas

Education

J.D., University of Utah College of Law, 2004, Utah Law Review, Staff Member
B.A., University of California, San Diego, 2001, magna cum laude

Admissions

Utah
California
U.S. District Court, District of Utah
Tenth Circuit
U.S. District Court, Central District of California
U.S. District Court, Southern District of California
U.S. District Court, Northern District of California
U.S. District Court, Eastern District of California

Professional Activities

Women Lawyers of Utah, Past Treasurer & Board Member

Publications

“Consider Filing Early Motions to Strike Class Allegations,” Law360 (Jan. 8, 2014)

Nicole Skolout’s successful client representation encompasses a wide range of civil law matters, from drafting contracts to litigating cases across the country. Her success results from her ability to quickly grasp the issues at hand and fashion a strategy uniquely tailored to her clients’ needs.

She frequently assists and counsels corporate, business, and individual clients in a variety of areas, including contract matters, business disputes, employment law, business compliance, and homeowner association (HOA) issues. She has extensive experience counseling clients on employment, noncompete, non-solicitation, restrictive covenant, and severance/separation agreements, as well as a myriad of other types of contracts, including operating agreements, bylaws, vendor agreements, subscription and software agreements, lease agreements, real estate purchase agreements, and venue and location agreements.

Nicole has also litigated, or settled before litigation, an array of different types of matters, including contract disputes, partnership disputes, securities cases, employment cases, contractor disputes, breach of fiduciary duty claims, breach of trust claims, class actions, false advertising claims, antitrust and competition matters, copyright infringement cases, data breach cases, and land development disputes. On the defense-side, Nicole has obtained dismissal of many cases at the pleading stage, or narrowed the scope significantly early in the litigation through targeted motion practice. On the plaintiff-side, Nicole’s significant cases have resulted in multimillion dollar jury verdicts and settlements on behalf of clients. By representing both plaintiffs and defendants in a variety of legal matters, Nicole knows how to skillfully develop a strategy to help her clients achieve their goals.

In addition to representing clients in court, Nicole also represents clients in front of regulatory bodies such as the Utah Antidiscrimination and Labor Division (UALD), including at mediations, and in regulatory investigations by the Securities & Exchange Commission (SEC), Public Company Accounting Oversight Board (PCAOB), and Federal Deposit Insurance Corporation (FDIC).

Having also served as a career law clerk for several magistrate judges in the District of Utah, Nicole has in-depth knowledge concerning the intricacies and practices of federal courts, and is well-versed in federal civil procedure, discovery disputes, and a variety of other areas of civil litigation, including patent infringement and civil rights litigation. This knowledge and experience enable her to navigate the federal court system efficiently, both as lead and local counsel, saving her clients time and money.

Nicole’s career began at a boutique litigation firm in Salt Lake City. Her common-sense approach and skillful handling of her matters led her to large national and international firms in Los Angeles and Salt Lake City, including Baker & Hostetler LLP and Howrey LLP. Now she brings that level of practice to her clients in a small firm setting. Nicole puts her clients at ease and helps them navigate challenging legal issues and disputes.

Representative Experience

  • Represented plaintiff engineering company throughout case and at trial regarding a breach of contract arising out of explosion at the defendant’s food manufacturing plant. Team obtained largest jury verdict in Nebraska state court history ($108.9 million). The Nebraska Supreme Court affirmed.
  • Represented class of dairy farmers in multidistrict class action alleging Sherman Antitrust Act violations relating to the artificial reduction of milk prices paid to dairy farmers. Obtained settlement shortly before trial, providing substantial monetary relief and structural relief for the dairy farmers and significantly impacting the operation of the dairy industry in the Southeast United States. The settlement was the largest antitrust settlement ($303 million) ever reached in the Eastern District of Tennessee.
  • Represented audit partner of major accounting firm in a securities investigation arising out of allegations concerning the accounting for loan repurchase reserves, resulting in no action being taken against the client.
  • Defended food and beverage company in putative nationwide class action filed in the Northern District of California alleging false advertising of dessert products. The court dismissed the complaint with prejudice at the pleading stage, and the Ninth Circuit affirmed.
  • Represented consumer products company in a putative class action filed in the Southern District of Ohio alleging false advertising of over-the-counter cold and flu relief products. The court granted the company’s motion to strike the class allegations, finding that no class could be certified. The plaintiffs subsequently dismissed the lawsuit with prejudice.
  • Defended master developer in a suit filed in the District of Utah alleging violations of the Sherman Antitrust Act. The court dismissed all claims at the pleading stage.
  • Represented stock photography company in case alleging copyright infringement and intentional removal of copyright information. Obtained significant monetary judgment and permanent injunctive relief on behalf of client.

Kinsi Bollinger
Of Counsel

Practice Areas

Education

2019, J.D., University of Utah, High Honors, Utah Law Review
2006, B.A., Brigham Young University, International Relations

Bar Admissions

Utah
U.S. District Court, District of Utah

Professional Activities

Utah Employment Lawyers Association, Treasurer

Clerkships

2021, (then) Judge Hagen, Utah Court of Appeals

Kinsi Bollinger’s practice focuses on employment law and business disputes. She also has experience handling personal injury cases. Dedicated, passionate, and innovative, Kinsi brings a client-centric focus to her cases and she is known for her unwavering commitment to achieving favorable outcomes for her clients. Kinsi approaches each case with a fresh perspective and creative thinking. Her ability to think outside the box enables her to develop tailored strategies that yield successful results for her clients. Kinsi is also actively involved in the legal community, serving as the treasurer of the Utah Employment Lawyers Association (UELA).

Kinsi graduated with High Honors from the University of Utah’s S.J. Quinney College of Law. Her outstanding advocacy skills earned her a prestigious trial award from the U.S. Attorney’s Office while practicing under the Third-Year Practice Rule. Kinsi honed her skills further after law school by clerking for the Utah Court of Appeals with then Judge, now Justice, Diana Hagen, gaining invaluable insight into the intricacies of the legal system and judicial process. This experience solidified her passion for the law and instilled in her a deep commitment to justice.

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