Evan Nelson

EN Photo 2018

Evan Nelson
Senior Litigation Attorney

B.A, in Political Science from Brigham Young University, 1991

J.D. from J. Reuben Clark Law School (Brigham Young University), 1994

Evan Nelson is the firm’s Senior Litigation Counsel and brings more than 20 years of litigation experience.  Mr. Nelson gained his Litigation and Trial background firms like Thelen Reid & Priest, and also as a partner at Tucker Ellis where he served as first-chair trial counsel, regional managing counsel, and national coordinating counsel for Fortune 500 companies engaged in bet-the-company litigations.  His past experience also includes a one-year assignment as Corporate Counsel for a steel service center and distributor with operations in the western United States.

Mr. Nelson has taken dozens of cases to trial for trials held in California, New York, Hawaii, Washington, Oregon and Utah. He is currently admitted to practice in all California state courts, United States Courts of Appeal for the Ninth and Tenth Circuits, and United States District Courts for the Northern District of California, Southern District of California, Central District of California, Eastern District of California, District of Utah and Central District of Illinois.

Some of Mr. Nelson’s more interesting successes include the following:

  • Saving intellectual properties owned by the late Ed “Big Daddy” Roth from attempted infringements by a well-funded toy manufacturer. Roth was an icon of the 1960s and 1970s who created “Rat Fink” and other car monsters, built custom cars and more as one of the originator of the hot rod Kustom Kulture.

 

  • Voiding an arbitration clause in an employment agreement as unconscionable under California law, which allowed the plaintiff to proceed with claims in the California courts. Prevailing on the issue before the trial court and then also won in the appellate court when the defendant appealed the ruling.

 

  • Assisting in preventing a county’s improper eminent domain attempt to take a private water distribution company. The county, also in Utah, was seeking to profit from ownership of the private water distribution company during the 2002 Winter Olympics.

 

  • Turning a company’s personal property tax audit into a substantial tax refund where the taxing authority had claimed hundreds of thousands owed in taxes and penalties.

 

evan.nelson@delahousayelaw.com