From the inception of his practice, Jeff has represented a diverse group of lenders, private equity funds, merchandise vendors, service providers, suppliers, landlords, indenture trustees of revenue and general obligation bonds, shareholders, equipment lessors, motor vehicle manufacturers, trustees, executive officers, employee groups, professional service providers, debtors, creditor committees and Chapter 11 debtors in reorganization cases. In this context, he has litigated adversary actions defending preference and fraudulent transfer actions, adversary actions seeking relief for fraud, contested plan confirmations, motions to appoint a trustee, defense and prosecution of equitable and mandatory subordination, formulation and defense of proofs of claims, pursuing rights of commercial landlords and executory contract counterparties, actions relating to the investigations of and claims by creditor and ad hoc committees, preparation and approval of complex debtor in possession financings, use of cash collateral, dismissals for bad faith filings, actions to determine the validity and value of security interests, defending preference and fraudulent transfer claims, proceedings concerning jurisdiction, Ponzi scheme matters, motions to approve bidding procedures and the sale of assets, restructuring and a wide variety of other issues which arise in Chapter 11 cases, including Bankruptcy Apellate Panel and District Court appeals. Jeff is one of only a few lawyers practicing in bankruptcy courts recognized simultaneously for general business litigation skills and bankruptcy law expertise.
Financial Services Litigation:
Early in his career, Jeff was in-house counsel of a major bank with responsibilities over litigation, bankruptcy and operations issues where he learned the particular unique legal, credit, regulatory and operational issues lenders face. Jeff has represented a variety of financial institutions since the early days of his practice both in bankruptcy court and state and federal courts in actions in which the institution has been sued in cases alleging Ponzi scheme involvement, employee theft and dishonesty, lender liability claims, fair debt collection practices violations, wrongful termination, and regulatory violations. He has also litigated collateral and foreclosure matters, security interests, inter-bank claims, claims of bad faith lending practices, premises liability, and contested bankers fidelity bond and directors and officers insurance coverage claims. He also has litigated numerous actions to enforce loan defaults, including real and personal property foreclosures, deed in lieu transactions, and has provided creative solutions to settlement and restructuring defaulted obligations within regulatory parameters.
Corporate and Shareholder Disputes:
Jeff represents corporations, partnerships, limited liability companies, shareholders, directors and officers involved in disputes concerning mismanagement, bylaws and agreements, voting rights and control, breaches of fiduciary duty, solvency, equity rights and preferences, corporate opportunity, dissolution, waste, commercial disparagement, defalcation, unlawful payments and dividends, fraud, and intra-family struggles.
Jeff represents clients in a wide variety of contract disputes, including stock and asset purchase agreements, executive compensation, key executive agreements, insurance claims, commercial lease rights, noncompetition and nonsolicitation, customer/supplier, real estate purchase and sale, agency agreements, corporate articles and bylaws, preferred and common stock options/warrants/agreements, licensing,
Arbitration and Mediation:
Jeff represents his clients in disputes in arbitration under the rules of several arbitration forums, including American Arbitration Association and FINRA Dispute Resolution. He served as a panel arbitrator and chairman for FINRA (formerly NASD Dispute Resolution) on several cases involving intra-industry disputes, raiding, suitability and fraud issues.
Jeff Shields is a litigation attorney with 38 years of extensive experience in complex commercial litigation in state and federal courts nationwide, with particular skills in litigation arising in and related to business bankruptcy cases. Jeff methodically and thoroughly evaluates, manages, discovers, mediates, settles and, if needed, tries cases to achieve positive, cost-effective outcomes for our clients.
Pepperdine University, J.D., 1980, Dean’s Honor List, Student Trial Lawyers Association, Founder/President, Moot Court Honor Board, Awarded American Jurisprudence Awards (first in class), Commercial and Constitutional Law, University of Utah, B.S., 1977, Alpha Kappa Psi Professional Business Fraternity, President
- FINRA Dispute Resolution (formerly NASD), Arbitrator Panel, Chair Qualified
- Chicago Board Options Exchange Dispute Resolution
- Salt Lake County Bar Associations
- Utah Bankruptcy Lawyers Forum, Counselor Member
- Committee of Bar Examiners, Utah State Bar (Chair, Bankruptcy/Creditors Rights Subcommittee)
- American Bankruptcy Institute
- Utah State Bar:
- Corporate Counsel Section (Section Chair, 1991)
- Litigation Section, Member
- Securities Section, Member
- Bankruptcy Section, Member
- Graduate, FBI Citizens Academy
- AV-Preeminent Rating (5.0), Martindale-Hubbell
- Chambers USA: America’s Leading Lawyers for Business, General Commercial Litigation, 2009-2018
- Best Lawyers in America, Bankruptcy Litigation (2014-2018), Bankruptcy and Creditor/Debtor Rights Law (2003-2013)
- Utah Lawyer of the Year, Bankruptcy Litigation, 2012-2013
- Mountain States Super Lawyers, Bankruptcy/Creditors Rights, 2007-2018
- Super Lawyers, Corporate Counsel Edition, Bankruptcy (2010-2018)
- Utah Legal Elite, Utah Business Magazine, 2004-2018 ( Bankruptcy and Civil Litigation).