Nate Alder, Christensen & Jensen

Nate Alder is a seasoned, AV-rated litigator and leader in resolving complex legal disputes. He represents both individuals and corporations in preparing claims and defenses for mediation, arbitration, trial and settlement. He has been recognized by his peers for his work in the areas of products liability, personal injury, insurance matters, civil trial, and dispute resolution.

PROFESSIONAL EXPERIENCE

• Christensen & Jensen, P.C., 1996 to present
  • Shareholder and Director, 2001 to present
  • Associate, 1996 to 2000
• Hon. J. Thomas Greene, United States District Court for the District of Utah
  Judicial Clerk, 1995 to 1996

EDUCATION

• Indiana University-Bloomington
  • School of Law (Doctor of Jurisprudence, 1995)
    • Articles Editor, Indiana Journal of Global Legal Studies
  • School of Public and Environmental Affairs (Master of Public Affairs, 1995)
• Utah State University (Bachelor of Arts, University Honors, cum laude, Phi Kappa Phi, 1991)
• Dixie College (Associate of Arts, summa cum laude, Phi Theta Kappa, 1989)

AREAS OF PRACTICE
Products Liability: Handling cases involving manufacturers, suppliers, and retailers of a variety of products, with issues ranging from automobile design, crashworthiness, air bag deployment, brakes, cylinders, braking systems, component parts, safety restraints, rollover protection, glazing, manufacturing process, design, warnings, machinery, exercise equipment, packaging and retail consumer goods. Recent representative matters include:

• Successfully defended automaker in various claims, including rollover protectioin, roof crush, safety restraint, air bag deployment, stability handling, and sudden acceleration.
  
• Successfully defended fertilizer company in a multi-million dollar crop destruction claim.
• Successfully defended product manufacturer in asbestos litigation.
• Successfully defended national furniture manufacturer in alleged defect case.
• Successfully defended tool manufacturer in defect claim arising from eye injury.

Catastrophic Personal Injury: Handling cases involving catastrophic personal injury, including traumatic brain injury, spinal cord injury, wrongful death and eye injuries, among others. Some recent representative matters include:

• Successfully resolved a mild to moderate traumatic brain injury case (seven figure settlement) for plaintiff who returned to work and received promotions.
• Successfully resolved a severe traumatic brain injury case for plaintiff involved in auto pedestrian accident (court approved seven figure settlement).
• Successfully resolved claims for an entire family, including two minors, in a one vehicle rollover (multiple policy limit settlements).
• Successfully defended insured driver in multi-vehicle freeway pile up, with plaintiff suffering quadriplegia and asserting an eight figure damage claim.
• Successfully resolved two significant cases for plaintiffs with traumatic brain injury from motorcycle accidents without helmets.
• Successfully resolved a concussive syndrome injury claim for two different policy limit settlements.
• Successfully resolved hand injury claim (six figure settlement for plaintiff) from horse accident.
• Successfully resolved several eye injury claims via multiple policy limit settlements.
  

Professional Liability: Currently handling cases regarding professional liability, D&O, E&O, including claims against insurance brokers and insurance executives, engineers, design professionals, financial executives, and corporate leaders. Recent representative matters include:

• Assisted executives with development of new insurance products in Utah.
• Successfully resolved dispute between insured and broker regarding broker’s alleged representations about coverage.
• Successfully resolved claims against medical providers relating to misunderstanding patient’s symptoms and misapplying prescription medications, resulting in patient’s death.
• Counsel to several insurance brokers regarding best practices.
• Defended professional in defamation case.

Complex Insurance Disputes: Currently handling complex insurance cases, including claim denials, coverage and bad faith. Recent representative matters include:

• Successfully resolved several disability insurance denials (on own occupation policies) for claimants in dispute with their disability insurers.
• Successfully established large lien for health insurance company using ERISA and statutory compliance arguments.
• Successfully defended a mortgage insurance company in dispute arising from condemnation of apartment building.
• Successfully defended an international insurer related to claims of failing to settle underlying claim, escalating damages, failure to accept tender of defense, failure to insure.
• Successfully defended insurer that had recently entered Utah regarding claims of bad faith.
• Successfully resolved several cases for plaintiffs involving settlements above policy limits.
• Served as "over the shoulder" counsel to several insureds exposed beyond their policy limits.
• Served as counsel to persons who were denied benefits, including disability and life insurance.
• Counsel to several insurers on a consultation basis.

Complex Commercial Litigation: Handling commercial disputes, including contractual obligations, good faith and implied duties in relationships, and infringement, misuse, misrepresentation and damage claims arising from various circumstances. Recent representative matters include:

• Successfully defended large multinational communication. Company in commercial dispute involving multiple parties, contracts and indemnification agreements relating to lease space, control of common areas, and consequential damages from alleged breaches.
• Served as counsel to several corporations in disputes with other business entities including joint venture partnerships, asset purchase, trademark, trade dress, service mark, intellectual property claims, theft, proprietary information compromise, product infringement, contract disputes, and other claims.
• Successfully defended national software company prosecuted by the State of Utah for antitrust violations.
• Served as Special Master in a major commercial dispute.
• Successfully prosecuted case against the State of Utah regarding claims protected documents.
• Resolved major conflict between principals, fiduciaries and officers of large corporation.

AWARDS, HONORS, RECOGNITION

• AV Rated, Martindale-Hubbell, 2005 to present
• Irene Fisher Engaged Citizen Award, 2005, Utah Campus Compact
• "Utah Legal Elite” recognition by Utah Business magazine Civil Trial, 2006; Personal Injury, 2004, 2005, 2007, 2008; Pro Bono, 2005
• "Super Lawyer” recognition by Law & Politics, 2007, 2008
• Merit Citation Award, Utah State University, 2007
• Distinquished Section of the Year, 2002, Utah State Bar (President of Young Lawyers Division)
• Heart and Hands Award, 2000, Utah Nonprofits Association
• Man of the Year, 1991, Utah State University

PROFESSIONAL ASSOCIATIONS

• President-Elect, Utah State Bar (2007-2008)
  
• Board of Bar Commissioners, Utah State Bar (elected to two terms, July 2003-July 2006 and July 2006-July 2009)
• Executive Committee, Board of Bar Commissioners, Utah State Bar (appointed to four terms, 2004-2006, 2007-2009)
• Utah Supreme Court Advisory Committee on Professionalism (2001 to present)
• Utah State Bar (member of Litigation Section, Dispute Resolution Section, Antitrust Section)
• Co-founder, Dispute Resolution Section, Utah State Bar
• Board, Utah Access to Justice Council, 2007-2008
• Chair, Dispute Resolution Section, Utah State Bar, 2003-2004
• President, Young Lawyers Division, Utah State Bar, 2001-2002
• Utah Bar Examiner, 2003 to 2007
• American Bar Association (Tort Trial and Insurance Practice Section) ABA's Automobile Law Committee, 2005 to present
• Aldon J. Anderson American Inns of Court
• Salt Lake County Bar Association
• Brain Injury Association of Utah, Professional Member
• Board, Utah Council on Conflict Resolution, Inc.
• Admitted to practice in all Utah state and federal courts, U.S. Court of Appeals,
  Tenth Circuit
• Judge Pro Tem, Salt Lake City Justice Court, 2002 to present
• Federal Bar Association, Utah Chapter
• Board, Thayne Center for Service & Learning, 2000-2005
• Advisory Board, Utah Minority Bar Association, 2005 to present

LECTURES AND PUBLICATIONS

• Presenter: "The $$$ and Sense of Utilizing Paralegals," 2008
  
• Author, “Standards of Professionalism and Civility: Standard #10,” Utah Bar Journal, Mar/Apr 2007, Vol. 20, No. 2
• Presenter: “Mediation Musings: Stories, Tips, Trends,” 2007
• Author, “Are ‘Peace of Mind’ Letters Discoverable After Green v. Louder?” Utah Trial Journal, Fall 2005, Vol. 28, No. 4
• Presenter: “Arbitrating Auto Accident Injury Cases,” 2005, 2006
• Presenter: “Fundamentals of a Personal Injury Case,” 2006
• Presenter: “New Professionalism Standards,” 2005, 2006
• Presenter: “Ethical Issues in Mediation,” 2004
• Lecturer: “Rule 35 Medical Exams,” 2003
• Lecturer: “Direct Examination of a Neuropsychologist,” 2003
• Lecturer: “Nonprofit Risk Management,” 2003
• Faculty: “ADR Academy,” 2002, 2004, 2006
• Presenter: “Preparing Your Client for Mediation,” 2002
• Lecturer: “Utah Public Charities,” 2001
• Lecturer: “Utah Nonprofit Law,” 2000
• Lecturer: “Nonprofit Risk Management Through Strategic Action,” 1998, 1999, 2001
• Lecturer: “Do Volunteer Immunity Laws Really Immunize Volunteers and Nonprofits from Liability?” 1998