Andrew S. Baugher

Overview

Andrew Baugher focuses his practice on commercial litigation at the trial and appellate levels, with a particular emphasis on business, intellectual property, and employment disputes. He’s handled numerous trials in federal and state court, and has secured results for his clients ranging from preliminary injunctions to jury verdicts to post-trial relief. He’s represented businesses and individuals in cases involving trademarks, copyrights, trade secrets, breach of contract, shareholder disputes, business torts, restrictive covenants, unfair competition, and wrongful termination claims, among many other matters. Andrew also regularly advises clients on and litigates a variety of construction disputes throughout the Shenandoah Valley. Andrew’s prior experience as a law clerk for the Supreme Court of Virginia gives him a unique perspective on post-trial and appellate practice. He’s represented clients before the United States Court of Appeals for the Fourth Circuit, the Supreme Court of Virginia, and the Court of Appeals of Virginia, and is adept at analyzing complex legal issues both before and after the need for an appeal arises.

Andrew writes about legal issues at www.andrewbaugher.com

Experience

Intellectual Property

• Represented food producer in a trade secrets dispute with a competitor. Obtained a preliminary injunction requiring the return of the plaintiff’s trade secrets and other confidential information.
• Represented aviation services provider in a trademark infringement case filed against an airline using a similar name. Secured nationwide preliminary injunction prohibiting the use of similar names.
• Represented production facility in pursuing claims of unfair competition against former management-level employees who attempted to start a competing facility. Obtained an injunction prior to trial that quashed the unfair competition.
• Represented visual media companies in successful resolution of copyright and licensing disputes.
• Defended a restaurant from claims of trademark infringement and misappropriation of trade secrets. Obtained summary judgment for the defendant before trial.

Employment

• Obtained summary judgment for healthcare employer through successful defense of claims alleging breach of an employment agreement, due process and other constitutional violations, and racial discrimination.
• Represented pharmacy in defense of claims alleging disability discrimination. Jury returned a verdict in favor of the defendant-employer.
• Represented engineering firm in successful resolution of claims arising under the Fair Labor Standards Act.
• Defended healthcare employer from claims arising under the Americans with Disabilities Act and the Family and Medical Leave Act. Secured summary judgment for the defendant before trial.
• Represented healthcare employer in the defense of a complaint alleging False Claims Act violations. Obtained summary judgment for the defendant before trial.
• Represented production facility in the defense of wrongful termination claims brought by a former employee. Obtained a defense verdict at trial.
• Represented plaintiff food producer in a case involving breach of restrictive covenants and fiduciary duties by former employees. Obtained a preliminary injunction prohibiting the former employees from breaching their covenants and duties to their former employer.
• Successfully defended manufacturing and construction company from claims of racial discrimination, obtaining summary judgment for the defendant before trial.

Business & Commercial

• Represented property owner in a dispute over the breach of a commercial lease. Obtained a verdict for the property owner at trial.
• Successfully represented sales company in pursuit of claims against a competitor for tortious interference with its business contracts and conspiracy to harm its financial interests.
• Counsel for creditor as it assumed control of restaurant operations to secure its rights under a commercial lease. Successfully negotiated the transfer of ownership of the restaurant, its equipment, and related collateral between several secured parties.
• Represented developer in breach of contract action against subcontractor. Obtained a verdict for the developer and collected fully on contract.
• Defended business partner in a closely-held entity from claims relating to a commercial loan. Obtained a defense verdict at trial.
• Represented oil and gas distributor in defense of breach of contract claims. Obtained a defense verdict at trial.
• Represented healthcare employer in successful defense of defamation claims, securing dismissal of the claims prior to trial.
• Successfully pursued, and defended, corporate and partnership dissolution cases on behalf of companies and individual owners as both plaintiffs and defendants.
• Represented plaintiffs and defendants in multiple cases involving construction loans, promissory notes, guaranty agreements, and other contracts arising under state law and the Uniform Commercial Code.

Construction, Land Use & Regulatory

• Represented large manufacturer when city instituted eminent domain proceedings to take valuable portions of its commercial property. The city ultimately dismissed its eminent domain complaint, did not exercise the power of eminent domain or take any property, and reimbursed the property owner for its legal fees.
• Represented landowners in disputes regarding zoning matters and land use regulations.
• Represented restaurant in proceedings before state regulatory board.
• Counsel for plaintiff property owner in an action involving the breach of an agricultural lease based on prohibited cropping practices. Obtained a trial verdict for the property owner.
• Represented commercial wind farm developer before the State Corporation Commission in a dispute over viewshed regulations.
• Litigated breach of contract, breach of warranty, mechanic's lien, and various other matters for general contractors, subcontractors, and suppliers. 

Appeals

• Handled multiple appeals to the United States Court of Appeals for the Fourth Circuit, the Supreme Court of Virginia, and the Court of Appeals of Virginia.

Admissions

• Virginia
• U.S. Court of Appeals for the Fourth Circuit
• U.S. District Court for the Eastern District of Virginia
• U.S. District Court for the Western District of Virginia
• U.S. Bankruptcy Court for the Western District of Virginia
• U.S. District Court for the Eastern District of Michigan

Recognitions

• Selected to "Legal Elite," Virginia Business
  • Civil Litigation, 2019 - 2020
  • Appellate Law, 2018
  • Young Lawyers, 2014 - 2017
• Selected to "Virginia Rising Stars," Business Litigation, Super Lawyers Magazine, Thomson Reuters, 2015 - 2017

Publications

• Avoiding Full Disclosure: Effectively Protecting Privileged Materials, Opening Statement, Vol. 3, No. 1 (VBA Young Lawyers Division 2015).
• Keep it Brief, and Other Tips from a Former Appellate Law Clerk, Opening Statement, Vol. 1, No. 3 (VBA Young Lawyers Division 2013).

Andrew blogs about legal issues at www.andrewbaugher.com

Professional Involvement

• Virginia State Bar
• Virginia Bar Association
  • Civil Litigation Council
  • Committee on Nominations to Virginia Commissions and Appellate Courts
• Harrisonburg-Rockingham Bar Association
  • President (2017-2018)
• Virginia Trial Lawyers Association
  • Amicus Committee (2011-2016)
• National Trial Advocacy College, University of Virginia (2011)

Community Involvement

• Board Member, Big Brothers Big Sisters of Harrisonburg & Rockingham County (2013-2021)
• Board Member, American Subcontractors Association of the Shenandoah Valley (ASASV)
• Board Member, AVA Care of Harrisonburg (2013-2017)
• Rotary Club of Harrisonburg
• Boy Scouts of America – Troop 38 (Scoutmaster, 2014-2015)
• James Kent American Inn of Court (2006-2007)
• United Way Community Impact Team (2010, 2014)
• United Way Certification Team (2013, 2015)
• Leadership Harrisonburg-Rockingham (2011)

News

December 3, 2020Fourteen Flora Pettit Lawyers Named “Legal Elite”

December 3, 2019Fifteen Flora Pettit Attorneys Recognized in the 2019 “Legal Elite” Survey Conducted Annually by Virginia Business Magazine

December 20, 2018Seven Lenhart Pettit Attorneys Named in 2018 “Legal Elite”

December 1, 2017Lenhart Pettit Attorneys Named in 2017 “Legal Elite”

April 24, 2017Ten Lenhart Pettit Attorneys Honored

January 24, 2017Andrew Baugher Quoted in Virginia Lawyer’s Weekly on Recouping Cost of Private Process Servers

December 29, 2016Ten Lenhart Pettit Attorneys Named “Legal Elite”

April 13, 2016Nine Lenhart Pettit Attorneys Honored

February 9, 2016Blue Ridge Legal Services gets an assist from Lenhart Pettit

December 1, 2015Fourteen Lenhart Pettit Lawyers Named “Legal Elite”

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