Stewart O. Peay

Bar Admissions

• Utah

Court Admissions

• Supreme Court of Utah
• United States District Court, District of Utah

Education

• J. Reuben Clark Law School, Brigham Young University (J.D., cum laude)
  • Associate Editor, Journal of Public Law
  • President, Federalist Society
• Brigham Young University (B.S., Economics)

Languages

Russian

Awards & Recognition

• Salt Lake Chamber, Leadership Utah, Class of 2019
• Mountain States Super Lawyers^®, Business Litigation (2020-2024)
  • Rising Stars Edition, Business Litigation (2009-2013)
• Utah’s Legal Elite: Civil Litigation, Utah Business Magazine (2011, 2014-2022)
• Chambers USA, America’s Leading Lawyers for Business®, Litigation: General Commercial (2017-2022)
• The Best Lawyers in America®, Commercial Litigation (2019-2025), Construction Litigation, Real Estate Litigation (2021-2025)
  • Salt Lake City Lawyer of the Year, Construction Litigation (2025)
• Distinguished Service Award, Federal Bar Association, Utah State Bar (2021)

Representative Matters

General Commercial Litigation

• Represented numerous clients in commercial disputes, including representing clients in numerous breach of contract, corporate governance, intellectual property and insurance coverage disputes
• Represented numerous landlords in unlawful detainer and other lessor/lessee disputes

Financial Services Litigation

• Represented a defendant who purchased a large lender that was sued for loaning money to an entity that was purportedly operating a Ponzi scheme
• Represented numerous mortgage servicers who have been sued by individuals claiming that trust deeds securing their mortgages are void because their mortgages were securitized

Construction Litigation

• Represented commercial owners and contractors in disputes dealing with multi-million dollar construction projects, including breach of contract, cardinal change, negligence, cumulative impact and delay claims, among others
• Represented commercial owners and contractors in issues dealing with federal bidding and contracting standards

Civil RICO and Governmental Investigations

• Represented several defendants against civil RICO claims, including defending a large title insurer against allegations of RICO and civil conspiracy, and a large holding company against allegations of securities fraud and related RICO violations
• Assisted clients who are being investigated by the SEC or the Utah State Securities Division
• Represented clients who are the subject of litigation brought by SEC receivers seeking the return of assets allegedly obtained through a Ponzi scheme

Products Liability Defense

• Represented numerous manufactures and land owners against claims related to asbestos exposure

Previous Professional Experience

• Baker and McKenzie, Intern, Moscow, Russia

Professional Memberships and Activities

• Salt Lake County Bar Association

Community Involvement

• American Red Cross, Mountain Valley Chapter
  • Board of Directors
• Employer Support of the Guard and Reserve
  • Utah Committee Member

Representative Presentations and Publications

• “Cards on the Table: Resolving disputes quickly and more economically,” Author, Utah Business (March 2018)
• “Utah’s Economic Loss Rule,” Author, Snell & Wilmer Under Construction Newsletter (September 16, 2013)
• “The New Normal: Thirteen Realities and Issues that Lenders are Considering, and Borrowers Should Now Consider in Connection With Construction Financing,” Co-Presenter, ABA Forum Owners & Lenders Division (Division 12) (August 11, 2010)
• “How to Avoid Five Common Errors in Pre-Litigation Investigations,” Presenter, Mountain West Chapter of the Association of Corporate Counsel (June 24, 2008)

Military Service

• Utah National Guard (1995-2008)
  • Captain, Iraq/Kuwait
  • Operation Iraqi Freedom (January 2003-May 2004)