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Mark A. Baugh

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Nashville
T: 615.726.5760
F: 615.744.5760

Mark A. Baugh, chair of the Firm's Diversity Committee and resident in the Nashville office, concentrates his practice in litigation and representing employers in employment-related issues.

Featured Video

ADA Dos and Don'ts for Savvy Employers May 24, 2016

Featured Experience

Successfully represented client in federal court jury trial against claims for violation of the ADA, FMLA and FMLA Retaliation.

Successfully represented client in federal court jury trial against claims for national origin and religious discrimination in violation of Title VII and the Tennessee Human Rights Act and for breach of employment contract.

Successfully represented client in federal court jury trial against claims for violation of FMLA.

Professional Biography

Overview

Mr. Baugh has advised and successfully represented educational institutions, national and regional retailers, health care providers, service providers, trucking companies and technology service providers in the defense of claims of discrimination (including claims based on race, religion, gender, age and disability), claims of harassment (including claims based on age, race and gender), wrongful termination, breach of contract and retaliation (under wage and discrimination laws and under state worker’s compensation laws), at the federal, state and administrative levels. He also has extensive experience representing insurance companies in coverage disputes and workers' compensation insurance regulatory matters.

Mr. Baugh also represents cargo and passenger transportation service providers and transit companies, advising on federal transit laws, Department of Transportation regulations and drug testing claims.

Mr. Baugh also represents school clients in administrative proceedings with the EEOC, the Office of Civil Rights of the United States Education, and other state and federal agencies, in employee grievance proceedings, and in the state and federal trial.

Mr. Baugh has extensive federal and state trial experience representing local, regional, and national clients in several states.

Representative Matters
  • Successfully represented client in federal court jury trial against claims for violation of the ADA, FMLA and FMLA Retaliation.

  • Successfully represented client in federal court jury trial against claims for national origin and religious discrimination in violation of Title VII and the Tennessee Human Rights Act and for breach of employment contract.

  • Successfully represented client in federal court jury trial against claims for violation of FMLA.
  • Successfully represented client in federal court jury trial against claims for race discrimination and retaliation in violation of the THRA and Title VII.

  • Favorable resolution for client in FLSA matter in federal court.
  • Obtained preliminary injunction enjoining international arbitration of breach-of-contract and defamation claims against individual corporate officer of manufacturer of water filtration technology.

  • Successfully represented a multinational company in arbitration for breach of employment contract brought by employee and subsequent counter-complaint.
  • Successfully represented a technology company against claims for violation of non-solicit and non-compete in state court.
  • Successfully represented shareholders in claims of breach of fiduciary duty claims brought by former shareholder and employee.

Professional Honors & Activities
  • Chair – Baker Donelson Diversity Committee
  • Chair – Tennessee Bar Association Tort and Insurance Practice Section, 2006 – 2007
  • Chair – Workers' Compensation Section of the ABA Tort Trial and Insurance Practice Section, 2005 – 2006
  • Member – American Bar Association, Labor and Employment and Litigation Sections
  • Member – American Bar Association, Tort Trial and Insurance Practice Section
  • Barrister – Harry Phillips Inn of Court
  • Assistant Examiner – Tennessee Board of Law Examiners
  • Former Hearing Panel Member – Tennessee Board of Professional Responsibility
  • Listed in Best Lawyers in America® in Employment Law - Management and Labor and Employment Litigation (2018) 
Publications
Speaking Engagements

Awards

Industries

Education

  • Vanderbilt University School of Law, J.D., 1992
  • Tennessee State University, B.S., 1989

Admissions

  • Tennessee, 1993
  • U.S. District Court for the Middle District of Tennessee
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Supreme Court

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