Christensen & Jensen Attorneys

PROFESSIONAL EXPERIENCE

Alain joined the firm as of-counsel in January 2009. Following graduation from law school, Alain served 17 years in the Army’s Judge Advocate General’s Corps working in diverse areas, including administrative, government contracts, criminal, and international law. After retiring from the Army, Alain spent five years with the Utah Attorney General’s office defending the State in complex class action and institutional reform litigation and civil rights cases. Immediately prior to joining the firm, Alain spent three years in a small firm with a concentrated practice in land use planning and development and contract litigation.

Alain currently focuses his practice on commercial and personal injury litigation, handling all aspects of a case from the initial phase through appeal.  Alain enjoys resolving disputes, and looks for creative approaches whenever it is advantageous.

AREAS OF PRACTICE

Governmental / Commercial: Represents developers, builders, and  government contractors in cases involving breach of contracts, liens, partnership agreements, development agreements, and product failure.  Representative matters include:

• Successfully defended TRO application based on breach of contract claim in favor of subdivision developer
• Mediated development agreement dispute between developer and City resulting in recovery of approximately $460,000 for completed public improvements
• Secured City Council approval for subdivision completion on 30% slope
• Successfully enjoined enforcement of illegal ordinance aimed at curtailing client’s quarry business
• Drafted land use legislation for land use coalition adopted by State Legislature
• Successfully protected historical non-conforming use by mental health residential treatment facility
• Secured approval of conditional use project for office building development over unreasonable (NIMBY) public objection

Real Estate, Land Use Planning and Development: Represents both private parties and governmental entities in land use matters. Representative matters include:

• Successfully defended $13,500,000.00 claim for real property investment fraud and conspiracy to defraud
• Represented land use applicants before City and County boards on various development projects
• Represented plaintiffs in federal and state Fair Housing Act cases
• Assisted in negotiating multi-million dollar settlement in land fraud case

Construction: Represents contractors and other businesses in construction-related claims. Representative matters include:

• Defended rock wall construction company in $9 million construction defect claim
• Represented aluminum siding subcontractor in $2.5 million construction defect claim
• Defended excavating companies that installed utility lines, sewers, culinary, stormwater in a development, and cut roads in a development

Professional Liability and Licensing: Represents lawyers in malpractice, licensing, and other claims. Served for six years on the Utah State Bar’s Ethics and Discipline Committee, and for three years on the State Bar’s Ethics Advisory Opinion Committee.

EDUCATION

• Summer Institute on National Security Law, 1995, University of Virginia.
• LL.M, International Law, August 1994 - May 1995, American University, Washington DC.
• LL.M. Military Law, August 1989 - May 1990, Judge Advocate General’s School, Charlottesville, VA.
• JD, May 1983, J. Reuben Clark Law School, Brigham Young University, Provo, Utah.
• BA, Political Science, May 1980, Brigham Young University, Provo, Utah.

PROFESSIONAL ASSOCIATIONS & ADMISSIONS

• Admitted to the Bar of the United States Supreme Court, Tenth Circuit Court of Appeals, Court of Appeals for the Armed Forces, Federal District Court for Utah, and the Utah Supreme Court.
• Member, Utah State Bar (Litigation and Military Law Sections).
• Member, Utah State Bar Ethics Advisory Opinion Committee (2007-2010)
• Member, Utah State Bar Ethics and Disciplinary Committee (2001-2007)
• Chair, Utah State Bar Military Law Section (2006)

SELECTED LECTURES AND PUBLICATIONS

• Speaker, “Executive Powers and National Security, The Hamden Decision and the Military Commissions Act of 2006,” Utah State Bar Annual Convention, 2007.
• Speaker, “Military Commissions, Domestic Legal Sources, International Legal Sources, and FAQ,” American Bar Association, Criminal Justice Section Council Meeting, 2003, and Utah State Bar Military Law Section, 2004.

SELECT RULINGS AND OPINIONS

• Harris v. Shopko, 2011 UT App 329
• Gillmor v. Thomas, 490 F.3d 791 (10th Cir. 2007)
• Axson-Flynn v. Johnson, 356 F.3d 1277 (10th Cir. 2004)
• LB and JB on behalf of KB v. Nebo School District, 379 F.3d 966 (10th Cir. 2004)
• Bio-Thrust v. Division of Corporations, 2003 UT App 360; 80 P. 3d 164