Specializing In Complex Legal Services


Representative Clients & Matters

Intermountain Health Care. IHC is the largest health care provider in the Intermountain Region. It is also considered, along with the Mayo Clinic, to be one of the most competent and efficient health care providers in the nation. In November 2011, IHC was sued in federal district court in Utah by a group of optometrists, for including only ophthalmologists (or directly employed optometrists) on its preferred provider list. In this matter, Mr. Bogart developed the litigation strategy, managed discovery, all motion practice and took the lead in argument to the court. Abraham v. IHC, 461 F.3d 1249, 394 F. Supp.2d 1312. IHC also recovered over $350,000 in costs when his summary judgment motion for IHC was successful. Abraham v. IHC is now a leading antitrust and health care case in the Tenth Circuit.
Comdata. Comdata is a company with headquarters in Nashville, Tennessee, which provides specialized credit and information services to interstate trucking companies and travel centers. In 1996 Comdata was sued in federal district court in Utah by Flying J, an interstate travel center and credit card company, alleging antitrust violations. Mr. Bogart was local counsel and second chair in the matter. He had a lead role in litigation strategy, discovery, and motion work. When litigation erupted over the settlement, he retained his role although Nashville counsel was replaced. Flying J v. Comdata, 405 F.3d 821.
Pilot Travel. Pilot Travel was sued by Flying J in Utah on allegations of an antitrust group boycott. Mr. Bogart was retained by Pilot Travel to direct and lead the defense. The Flying J case ended with Flying J's bankruptcy in 2008. However, a class action was filed in the Eastern District of Pennsylvania naming, among other defendants, Pilot Travel, for alleging similar claims. Pilot Travel retained him for that matter as well. When he left Howrey in 2010, Pilot Travel chose to keep him as lead counsel in the matter.
SunCrest/Stoneleigh Heights. SunCrest, a real estate developer, was behind the largest planned community development in the state of Utah. In 2002, SunCrest was sued on alleged breaches of contract involving easements asserting claims for $16 million, and then by the same plaintiff in 2005 on claims of storm water nuisance asserting $32 million in damages. Mr. Bogart took over the cases in 2004, developing the case strategies, discovery, case planning, and all motions, and all court appearances. Like many other real estate developers, SunCrest declared bankruptcy in 2009 shortly before the cases were scheduled for trial. However, Stoneleigh Heights, a "sub-developer" who was responsible for part of the planned community, had been added to the lawsuit as a defendant in 2007 and retained him as counsel. In a solo jury trial in June 2011, Mr. Bogart obtained a 'no cause' verdict for Stoneleigh Heights, dismissing a claim for $20 million.
Other cases. At his previous firms, Mr. Bogart ran a number of securities class action defenses of a Big Three accounting firm. In Syngenta v. Monsanto, which concerned antitrust claims in the genetically modified corn seed market, he handled all third party discovery and trial preparation, and all related motions, including summary judgment. The case is discussed in the July 25, 2011 Law360 interview with Shearman & Sterling's Steve Fishbein, his opposite number in the case. Since 2001, Mr. Bogart has represented a national mortgage loan servicer on non-foreclosure litigation matters. (The client came on a personal referral from co-counsel in a securities matter.) While these are typically relatively small matters, from time to time the cases turn into major litigation. For example, in one matter, he was brought in after miscommunications in a foreclosure proceeding led to terminating sanctions against the client and entry of default on counterclaims totaling $540,000. Mr. Bogart got both the sanctions and default lifted, disposed of some of the counterclaims and resolved the remaining claims for a significantly reduced settlement. Mr. Bogart has actively represented clients throughout the United States, including before courts in California, Nevada, Pennsylvania, New York, and Tennessee, as well as Utah.