corporate litigation

Areas of Emphasis

David Isom does complex corporate and commercial
litigation including

Corporate Litigation

For companies, litigation can spell the difference between destruction and survival, between growing and shriveling, between abundance and scarcity. Litigation can be one of the most important and traumatic events of an individual's life.

United States ex rel. Sikkenga v. Regence Bluecross Blueshield, 472 F. 3d 702 (10th Cir. 2006)

Thunder Basin Coal Company v. Southwestern Public Serv. Co., 104 F.3d 1205 (10th Cir. 1997)

Desktop Direct v. Digital Equipment Corporation, 993 F. 2d 755 (10th Cir. 1993)

Decker v. IHC Hospitals, Inc., 982 F. 2d 433 (10th Cir. 1992)

Stegall v. Stegall, 756 P. 2d 384 (D. Colo. 1987)

Boca Raton Community Hospital v. Tenet Healthcare Corporation, 502 F. Supp. 2d 1237 (S.D. Fla. 2007)

Eisenman Chemical Company v. NL Industries, Inc., 595 F. Supp. 141 (D. Nev. 1984)

Vulcan Power Company v. Davenport Power, LLC, 2007 U.S. Dist. LEXIS 781102 (D. Or. October 18, 2007)

Whetman v. IKON, 209 F.R.D. 94 (E.D. Pa. 2002)

iMergent v. Giani, 2007 U.S. Dist. LEXIS 20596 (D. Utah 2007)

Ruff v. Ensign-Bickford Industries, 168 F. Supp. 2d 1271, 171 F. Supp. 2d 1226 (D. Utah 2001)

In re Commercial Explosives Litigation, 1996 U.S. Dist. LEXIS 21829 (D. Utah December 20, 1996)

Gohler v. Wood, 162 F.R.D. 691 (D. Utah 1995)

C.C. v. Roadrunner Trucking, Inc., 823 F. Supp. 913 (D. Utah 1993)

Anaconda Minerals Company v. Stoller Chemical Company, 773 F. Supp. 1498 (D. Utah 1991)

Utah Power & Light Company v. Federal Insurance Company, 724 F. Supp. 846 (D. Utah 1989)

Beaver Creek Coal Company v. Nevada Power Company, 1998 U.S. Dist. LEXIS 16116 (D. Utah 1988)

Amoco Production Company v. United States, 663 F. Supp. 998 (D. Utah 1987)

Thunder Basin Coal Company v. Tuco, Inc., 156 F.R.D. 665 (D. Wyo. 1994)

Franklin v. Stevenson, 987 P. 2d 22 (Utah 1999)

Utah Medical Products v. Searcy, 958 P. 2d 228 (Utah 1998)

Roark v. Crabtree, 893 P. 2d 1958 (Utah 1995)

Heiner v. S.J. Groves & Sons Company, 790 P. 2d 107 (Utah App. 1990)

Southwestern Public Service Company v. Thunder Basin Coal Company, 978 P. 2d 1138 (Wyo. 1999)

Widdifield v. Robertshaw Controls Company, 671 P. 2d 989 (Colo. App. 1983)


David has represented parties in major commercial arbitrations and in related litigation testing arbitrability and the appealability of arbitration awards in employment, commercial and natural resources matters. David consults with lawyers and parties about electronic discovery in arbitration.

Banking & Lender Liability

David has represented banks and parties adverse to banks in litigation regarding claims of lender liability, fiduciary duties, interference with contracts, collections, guaranties and negotiable instruments. He has advised banks about document retention and information security matters.

Coal & Natural Resources Law

David has arbitrated and litigated cases involving coal, hard minerals, oil and gas, nuclear plants and geothermal resources on such issues as pricing under long-term contracts, price adjustment based upon cost or government indices, transportation, force majeure, antitrust, alleged price-fixing, commercial impracticability, quality, royalties, bonuses and assumption of risk. David has drafted and negotiated coal and natural resources leases, and purchase and sale agreements.

Contract & Commerical Law

David has arbitrated, litigated and advised numerous companies and individuals about the sale and leasing of goods and services.


David has handled a steady stream of employment negotiations, arbitrations and litigations involving wrongful termination, unfair competition, ownership of and right to control digital information, breach of covenants not to compete, defamation, invasion of privacy, intellectual property and interference with economic relations.

Federal & State Courts

David handles disputes involving the selection of appropriate forums for disputes as between state and federal courts, arbitration, international tribunals and government agencies, including issues such as removal, remand, comity, personal and subject matter jurisdiction, venue, Tenth Amendment, choice of law, conflict of law, and forum selection provisions.

Partnership & Joint Venture

David has consulted about and litigated numerous matters involving the following issues in the context of actual or alleged partnerships and joint ventures: fiduciary duty, personal liability, joint liability, partnership by estoppel, choice of law, accounting, and dissolution and winding up.

Corporate Litigation

David Isom does complex corporate and commercial litigation including:

Banking & Lender Liability
Coal & Natural Resources
Banking & Lender Liability
Coal & Natural Resources