Don Winder Named Salt Lake Commercial Real Estate Attorney of The Year.

Archive for April, 2016

Don Winder Named Salt Lake Commercial Real Estate Attorney of The Year

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For Immediate Release:
Avery Pince Hyder
Winder & Counsel, P.C.
Tel: 1.866.322.2243

Salt Lake City, UT – March 28, 2016 – CCIM has announced its winners for the Business Excellence Awards, granted each year in recognition of outstanding professionals leading and exemplifying the highest degree of business excellence in Utah’s commercial real estate industry. Donald I. Winder has been awarded the 2016 Business Excellence Award as Real Estate Attorney of the Year. Each finalist is recognized not only by their hard work with an incredible end product, but all of their work within their local communities. CCIM is a prestigious global commercial real estate professional organization, and the CCIM designation is conferred upon commercial real estate leaders who have a proven record of success in their field.

Recently, Mr. Winder worked laboriously to facilitate and close three large and complex commercial transactions — the purchase of the Larry H. Miller Megaplex Theatres at Geneva, a shopping center in West Jordan, and an industrial park in Ogden. All three transactions, totaling $40 million, were closed within the past eighteen months. His hard work on these projects led in part to this honorable nomination.

Don’s colleague, Tim C. Simonsen, Executive Vice President for Coldwell Banker Commercial, stated that Don’s “vast knowledge of the complexities of land transactions, title protections, and fund transfer risk meant that both the buyer and seller were fully protected.”

Another colleague, Curtis A. Bullock, the CEO of Salt Lake Board of Realtors, said that Don, “along with other highly talented attorneys at Winder and Counsel, [are] among some of the finest in the legal profession.”

More about Winder & Counsel… Formed in 1983, Winder & Counsel, P.C. is a leading commercial real estate law firm in Salt Lake City, Utah. For over 20 years, this firm has maintained the highest peer review rating given by Martindale-Hubbell (“AV”). Winder & Counsel, P.C. has also been approved by Best’s Directory of Recommended Insurance Attorneys, is a member of the International Network of Boutique Law Firms, is a member of the International Society of Primerus Law Firms, and is listed in the Bar Register of Preeminent Lawyers. For more information go to

A List of Insurance Companies That Winder and Counsel, PC Have Represented

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Property Condemnation

Pro Bono Legal Services

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The attorneys of Winder & Counsel are committed to annually providing a generous number of pro bono legal service hours to the community. Such services include representation of pro bono clients referred to Winder & Counsel by the Utah State Bar.

The firm’s pro bono commitment has included services in many areas including: domestic temporary restraining orders, workers’ compensation, and criminal misdemeanor representation.

In the wake of the events of September 11, 2001, Winder & Counsel attorneys also answered the call of both the American Bar Association and Utah State Bar by providing free legal representation to United States military personnel and their families in matters ranging from personal injury settlement negotiations to workers’ compensation representation.

In 2002, Winder & Counsel attorneys again answered the call through Dialogue on Freedom presentations to secondary school students.

Winder & Counsel is also part of the consortium of law firms that brought the September 11th class action against Osama Bin-Laden, Iran and dozen of terrorist organizations and state sponsors of terrorism. To participate, each law firm agreed to contribute $25,000 and hundreds of hours per year in this fight against terrorism. (Winder & Counsel shares these contributions with its Utah partner, the firm of Burbidge, Mitchell and Gross).

Further, Winder & Counsel has brought the first wrongful death and personal injury lawsuit by U. S. servicemen under Anti-Terrorism statutes against the estate of Ahmad Sa’id Khadr for the acts of his 15 year-old son, Omar, an Al Qaeda member in a fire fight in Afghanistan.


Winder & Counsel also annually donates time to “And Justice for All,” a program founded by the three largest legal aid organizations in Utah—Disability Law Center, Utah Legal Services and Legal Aid Society of Salt Lake.

Winder & Counsel provides free legal assistance for Utah’s most vulnerable citizens, including those living in poverty, individuals with disabilities, veterans, seniors, minorities and victims of domestic violence.


In addition to its commitment to pro bono legal representation, Winder & Counsel attorneys participate in various volunteer legal activities through the Utah State Bar.

Through a State Bar Committee, Donald J. Winder served as Chair of the Civility Code Subcommittee for the Utah Supreme Court Advisory Committee on Professionalism and was the principal author of Utah’s Principles of Professionalism and Civility. These Principles will have a profound affect upon clients and their lawyers.

Winder & Counsel attorneys also participate in the Modest Means Lawyer Referral Program offered by the Utah State Bar. This program provides access to legal representation for people whose income is too high to qualify for free legal services, but too low to pay standard attorney rates.

In addition, Winder & Counsel attorneys have participated in the “Tuesday Night Bar,” a free legal counseling clinic offered by the Utah State Bar on Tuesday nights throughout the year.


As part of ABOTA’s “Justice by the People” program, hundreds of interactive curriculum kits have been distributed in Salt Lake City and statewide to school teachers. The program teaches school children about one of our most important rights: trial by jury.

Donald J. Winder has presented the program to students, taught teachers how to present the curriculum and served on the Utah Supreme Court Education for Justice Project. As part of Primerus’ “Liberty in Law” program, Winder & Counsel sponsored Annie Quinn, the first national essay and scholarship winner.


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The Winder & Counsel web site is for informational purposes only and does not constitute legal advice. Readers are cautioned not to attempt to resolve individual problems based upon the information contained in this web site, and are advised to consult legal counsel. No general solution is applicable to all problems, since slight changes in factual situations may require material variance in the applicable advice. No attorney-client relationship is intended to be created by this web site.

While we have made every effort to ensure the information on this web site is accurate and current, Winder & Counsel shall not be responsible or held liable for errors or omissions. This web site is subject to change without notice.

Representative Clients That We Are Genuinely Proud to Have Worked With

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Our Medical Expertise

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Serious injury and death cases require the utmost in attorney skill and experience. But that’s just half of the equation. Catastrophic cases from an accident or medical malpractice (such as brain injury, birth trauma, paralysis, disfigurement, severe burns, or wrongful death) require medical expertise, too.

These cases demand, from beginning to end, an expert to oversee the complex medical issues that are so important. So, unlike other firms, we have an attorney who is also a clinically experienced doctor (a former head of a hospital emergency room) as a member of our team.

Dr. Rothfeder works closely with our clients and other attorneys, from the initial interview through settlement or trial, overseeing medical issues, advising on strategy, and recruiting top-notch medical experts critical to an excellent outcome.


Our of counsel attorney and medical consultant, Robert K. Rothfeder, M.D., J.D., was formerly the Emergency Department Director at Lakeview Hospital, in Bountiful, Utah, for 17 years.

Spending time in the emergency room, Dr. Rothfeder encountered a myriad of medical issues. At Lakeview, he was truly a doctor’s doctor. Dr. Rothfeder was educated at the University of Minnesota Medical School and trained in emergency medicine at LDS Hospital in Salt Lake City, Utah.

Dr. Rothfeder has been in clinical practice for the past 28 years, and he continues to this day. In the early 1980s, Dr. Rothfeder developed an interest in the legal system and obtained his Juris Doctor from the University of Utah College of Law in 1984.

Today, Dr. Rothfeder partners with our firm’s top-rated attorneys, assisting with complex medical and legal issues.


Other law firms, by contrast, constantly struggle to understand the complex medical issues in cases. They also struggle to find a doctor to consult on your case.

Our medically trained and practicing attorneys can often evaluate the merits of a case without the need for external advice. This is cost effective, less time consuming and more effective in obtaining results.


We speak the right language. Our unique medically trained attorneys are just one reason Winder & Counsel has become one of the nation’s leading firms. It’s the right place to turn for outstanding legal counsel, and a powerful medical advantage.

Winder & Counsel has one of the most unique and powerful tools to handle complex medical and health litigation matters. Complex medical and health matters require, from beginning to end, the expertise of medical and legally trained professionals who understand the implications that can make or break your case. Winder & Counsel currently has two medically trained attorneys with direct experience in the medical industry.


Contrary to popular belief, not every lawyer has courtroom experience. Most lawyers, in fact, rarely step into a courtroom and few have ever tried a case to a jury. Those who have been successful in court are more discerning in the cases they will accept, have more clout in negotiations and have more credibility with judges, opponents and decision makers.

Few attorneys anywhere can match our expertise with matters involving serious and complex medical issues. All attorneys at Winder & Counsel have an active in-court trial practice. Winder & Counsel has conducted numerous jury and bench trials to successful resolutions. We have further obtained successful results in arbitration.


Appearing in court and actually trying cases has also taught us a lot about jurors. We’ve learned that jurors can be quickly bored with legal arguments and hopelessly confused about injuries, medicine and medical issues.

We’ve learned to captivate the attention and concern of juries. We explain the medical issues to them in a plain language and demonstrate the issues in a straightforward manner.

We’ve learned not only to build powerful cases and to always arrive exceedingly well prepared, but also to present the cases in a clear, compelling manner. Because, ultimately what matters most isn’t what an expert says, it’s what jurors comprehend and believe.

SOLD! Larry H. Miller Megaplex Theatres at Geneva

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CBC Advisors is pleased to announce the sale of The Larry H. Miller Megaplex Theatres at Geneva from a group of private developers.  Attorney Donald J. Winder of Winder & Counsel P.C. led the Legal Team on this complex transaction.


Salt Lake City Taxicab Companies Challenge the City

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Two of Salt Lake City’s taxicab companies are challenging Salt Lake City’s decision to terminate their certificates of public convenience and necessity. The City has decided to regulate on-demand taxicab service through a request for proposal.

The existing cab companies contend the City’s actions violate the state and federal constitutions, as well as various ordinances and state statutes. The Third District Court in Salt Lake City granted the cab companies’ motion for a temporary restraining order against the City, preventing the City from allowing new out-of-state taxicab companies to operate under concession contracts. The case remains pending.

9/11 Lawsuit: Federal Court Awards $7 billion in final judgment against Iran and Hezbollah

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A federal judge in Manhattan has entered a Final Judgment in Havlish, et al. v. bin Laden, et al., awarding more than $7 billion in damages and interest to forty-seven 9/11 victims and their families. U.S. District Court Judge George B. Daniels (S.D.N.Y.) adopted a recommendation on damages by U.S. Magistrate Judge Frank Maas, specifying millions in damages to the estates and family members in two October 2012 orders.

The families had already won a December 2011 ruling from Judge Daniels that Iran and Hezbollah directly and materially aided al Qaeda in the September 11, 2001 terrorist attacks. The Final Judgment in Havlish marks a milestone in the history of the worst terrorist attack on U.S. soil.

Final Judgement Awards Seven Billion for Mental Anguish and Punitive Damages

Judge Daniels awarded to the Havlish plaintiffs $394,277,884 for economic damages, $94,000,000 for pain and suffering of forty-seven 9/11 victims, $874,000,000 for mental anguish and grief by those victims’ families, and $4,686,235,921 in punitive damages. Judge Daniels also ordered $968,000,000 in pre-judgment interest on some damages elements. The Final Judgment totals $7,016,513,805.

The rulings by Judge Daniels hold that Iran, Supreme Leader Ayatollah Ali-Hoseini Khamenei, former Iran president Ali Akbar Hashemi Rafsanjani, the Iranian Revolutionary Guards, the Iranian Ministry of Information and Security, a dozen Iranian government departments and government-owned corporations, and Iran’s terrorist proxy organization Hezbollah, all are liable to the Havlish plaintiffs for direct and material aid and support to al Qaeda in carrying out the 9/11 attacks. The federal court’s ruling was based on substantial evidence, including sworn videotaped testimony by three Iranian military-intelligence defectors, ten experts’ affidavits, including three by former 9/11 Commission staff members, and other documentary evidence presented by the plaintiffs’ attorneys in filings in May, July, and August 2011, culminating in a December 15 public hearing in a Manhattan courtroom. Judge Daniels then issued 276 Findings of Fact and 35 Conclusions of Law supporting his December 22, 2011 ruling. After a nine-year investigation, the Havlish attorneys had proved Iran’s and Hezbollah’s involvement in the 9/11 attacks in a U.S. federal court.

Familes of 9/11 Victims Find Closure

“For over a decade, we’ve wanted to hold accountable those who assisted the September 11 terrorists in their attack on the United States. That day has finally arrived,” said Fiona Havlish whose husband, Donald, perished on the 101st Floor of the North Tower of the World Trade Center.

Ellen Saracini, the widow of Victor Saracini, pilot of United Flight 175 which was the second aircraft to hit the WTC, stated, “No amount of money will bring my husband back. But the rulings of the Court hold Iran and Hezbollah responsible and accountable for aiding and supporting al Qaeda, and that is a very important step toward achieving some measure of justice for Victor, the other victims, and the families.”

Correlation between 9/11 Hijackers and Iran

The 9/11 Commission had found that “there is strong evidence that Iran facilitated the transit of al Qaeda members into and out of Afghanistan before 9/11, and that some of these were future 9/11 hijackers.” Further, a “senior Hezbollah operative” and his associate were on some of the same flights into Iran and Beirut, Lebanon, as the 9/11 terrorists. The 9/11 Report concluded: “We believe this topic requires further investigation by the U.S. government.” 9/11 COMMISSION REPORT, p. 241. The Havlish investigation revealed that the “senior Hezbollah operative” was Imad Mughniyeh, the longtime Iranian agent and chief of Hezbollah’s terrorist operations.

The Havlish case appears on the docket of the U.S. District Court for the Southern District of New York asIn Re Terrorist Attacks on September 11, 2001: Fiona Havlish et al v. Usama Bin Laden et al, Civil Action No. 03 MDL 1570 (GBD) (FM); 03-CV-9848 (GBD) (FM).

Winder and Counsel Recognized by Martindale-Hubbell for Ethical Standards and Legal Ability Winder and Counsel Recognized by Primerus Winder and Counsel Recognized by Best's Insurance Attorneys 2015 Winder and Counsel Recognized by Best Lawyers