Maria Windham Toth

Ms. Windham Toth is a trial attorney with extensive experience in securities litigation, environmental and natural resources law, and immigration law. She also handles a variety of other state and federal regulatory matters.

After clerking for the United States Securities and Exchange Commission (SEC) during law school, Ms. Windham Toth began her practice litigating alleged violations of securities laws, including financial fraud cases. For nearly 17 years, she has represented parties on either side of the “v”, (either plaintiffs or defendants), including investors, financial firms, registered individuals, and fundraisers in regulatory investigations, Financial Industry Regulatory Authority (FINRA) arbitrations, and civil lawsuits. This balanced perspective on the securities industry is beneficial to all of her clients. Ms. Windham Toth has obtained several multi-million dollar awards and settlements for investors injured by wrongdoing in the financial services industry. She has also favorably resolved matters that involved allegations of insider trading, investment fraud, violations of suitability and fiduciary duty standards, violations of FINRA rules of practice, and intra-industry employment and defamation disputes. In 2017, Ms. Windham Toth was appointed by a Utah federal court to act as the federal equity receiver in a case filed by the SEC to halt a $16 million Ponzi scheme. She is a member and a former Chair of the Utah State Bar’s Securities Law Section.

Ms. Windham Toth simultaneously developed her practice of litigating and advising clients regarding environmental and natural resources law, land use law, nuisance law, and water law, which connect to her undergraduate and graduate studies of geography, land use planning, and environmental law. She has favorably resolved matters for her clients that range from representing clients in litigation of alleged nuisances to advising clients on water rights and on compliance with varied environmental regulations. She has developed a particular specialty in cellular tower compliance with the unique regulatory issues triggered by licensing federal radio spectrum managed by the Federal Communications Commission (FCC). She regularly assists her clients to comply with environmental, National Historic Preservation Act, and Federal Aviation Administration (FAA) reviews associated with building cellular communications towers and obtaining FCC licenses.

Over the past 5 years, Ms. Windham Toth has also broadly diversified her litigation and regulatory practice to respond to emerging and expanding needs of RQN’s clients. For example, Ms. Windham Toth has represented municipalities in matters involving Utah state licensure of ambulance companies. Ms. Windham Toth has also established RQN’s immigration law practice group and has become its Chair and a member of the American Immigration Lawyers Association (AILA). She advises and defends employers in I-9 compliance matters and handles federal litigation of immigration matters. She participated in RQN’s COVID-19 response team to advise on travel and visa processing delay issues. She also assists and advises employers with obtaining employment-based visas for workers and immigrants.