Education

Yale Law School, J.D.
  • Yale Review of Law and Social Action, Editor
Princeton University, A.B.

Bar Admissions

Court Admissions

Clerkships

  • Judge Philip W. Tone, U.S. Court of Appeals for the Seventh Circuit, Law Clerk

Professional Affiliations

Chicago International Dispute Resolution Association

  • President
  • Director
  • Amicus Curiae brief to Supreme Court on jurisdiction and arbitrability
  • Principal drafter of Illinois’ International Commercial Arbitration Act

Chicago Bar Association

  • Federal Civil Practice Committee, Past Chair
  • International and Foreign Law Committee, Past Chair

Seventh Circuit Bar Association

  • American Jury Project Commission, 2005-2008

Illinois State Bar Association

  • May Day in Russia, Delegation Leader
  • Led delegation to Moscow in 1992 for a week of lectures, mock trials and forums on U.S. law and legal institutions

Chicago Lincoln Inn of Court

  • Past President

International Network of Boutique Law Firms

  • INBLF, Past Director
  • Chicago Chapter, Past President

Yale Law School Association

  • Executive Committee, 2009-2011

American Arbitration Association

Financial Industry Regulatory Authority

Hong Kong International Arbitration Centre

  • Panel of Arbitrators

Private Mediator/Arbitrator of Commercial Disputes

American Law Institute

American Bar Association

U.S. Senator Mark Kirk

  • Judicial Advisory Board, Chair
    • Charged with screening Illinois federal judicial candidates for the Senator's recommendation
Overview
Experience
Community
News & Resources
Honors

Overview

Mr. Baugher prosecutes and defends commercial cases throughout the United States. He has won major trials and arbitrations, and has built a strong record in suits on significant issues, or involving companies or individuals with challenging claims to resolve. Along with his deep litigation experience, Mr. Baugher frequently engages in arbitrations, both as party counsel and as a neutral arbitrator. He also mediates business disputes, and has testified as a witness concerning attorney conduct and fees, and as an expert on U.S. securities laws and litigation at a trial in the Bahamas.

  • Represents clients in matters involving breach of contract and fraud, commercial banking, securities fraud and insider trading, corporate control and intra-corporate disputes, patent and trademark infringement, trade secrets, employee noncompete and confidentiality agreements, data theft, antitrust, class action, and product liability claims
  • Lectures frequently on litigation and dispute resolution topics to bar groups and industry associations
  • Chairs U.S. Senator Mark Kirk's Judicial Advisory Board, screening candidates for federal court judge

Experience

In the last several years, Mr. Baugher has won a multimillion dollar securities action, a multimillion dollar contractual indemnification suit, a million dollar jury verdict in a business acquisition dispute, a multimillion dollar claim against the U.S. Government, and a trial in Delaware Chancery Court. Representing a Texas bank in New York federal court, Mr. Baugher obtained a $53 million judgment against Iraq’s primary commercial bank and subsequently pursued the Central Bank of Iraq for further relief through successful Second Circuit appeals. Other notable cases include:

  • Fairchild v. Wausau (Circuit Court of DuPage County, Ill. 2015); won million dollar damage award in three week trial for breach of contract and insurance coverage.
  • Ashley v. J.P. Morgan Securities (Financial Institution Regulatory Authority arbitration, 2012); won damage award for misrepresentations in sale of auction rate securities.
  • Rexnord Corporation v. American Employers Insurance Company (Circuit Court of DuPage County, Ill. 2011; affirmed 2012); won summary judgment on multiparty insurance coverage environmental suits and countersuits, sustaining judgment in Illinois Appellate Court.
  • Untemeyer v. Reed Smith (Circuit Court of Cook County, Ill. 2010; affirmed 2011); won dismissal of suit against national law firm and sustained victory in the Illinois Appellate Court.
  • SPT v. Garmin and TomTom 2010 WL 2698289 (N.D. Ill. 2010); won summary judgment in patent infringement suit proving "prior art" that invalidated touch screen navigation system patent; affirmed by the Federal Circuit (2011).
  • SPSS v. Nie (N.D. Ill. 2009, Delaware Chancery Court 2009); won favorable settlement of trademark infringement suit on eve of federal trial; won parallel Delaware trial on advancement of legal fees.
  • Pace v. Elixir 2009 WL 211953 (N.D. Ill. 2009); won summary judgment terminating case alleging fraud and breach of contract against distributor of aluminum coils.
  • AA Sales v. Coni-Seal 550 F.3d. 605 (7th Cir. 2008); won reversal of summary judgment remanding case for trial on behalf of sales representative denied commissions by manufacturer of automotive products; suit subsequently favorably settled on eve of trial.
  • TIG Insurance v. Fairchild 2008 WL 2198087 (S.D.N.Y. 2008); won dismissal of competing federal insurance coverage suit under abstention doctrine.
  • Aftermath v. Action Bio-Care (N.D. Ill. 2008); forced plaintiff to dismiss for no dollars a suit for fraud, copyright infringement, breach of contract, and misappropriation of trade secrets, and obtained insurance reimbursement for bio-cleanup company’s cost of successful defense.
  • Englewood Terrace Limited Partnership v. United States 79 Fed. Cl. 516, 2010 WL 3069579 (Court of Federal Claims 2007, 2010); won trial and multimillion damage award proving that Dept. of Housing and Urban Development had breached its multi-year housing subsidy contract with owner of large Chicago apartment building.
  • Krasnoyarsk Airlines v. BCI Leasing, Inc. (N.D. Ill. 2007); won settlement on eve of trial, recovering funds advanced by Russian airline for unconsummated deal to lease three Boeing 727 airplanes.
  • Rexnord v. Fairchild Corp. (Arbitration under AAA Rules 2007); limited claims at arbitration trial under contractual indemnification for alleged environmental contamination.
  • Gardner v. DeVry University, Inc. (Cal. Superior Court, Los Angeles County, 2006); substantially narrowed, then successfully settled nationwide class action suit brought against leading provider of career education, concluding four years of litigation.
  • Schwab v. Delphi Capital Management, et al. (N.D. Ill. 2006); defended financial services company against claim that it had misappropriated Schwab’s equity ratings model, settling case shortly before trial.
  • Zarinebaf, et al. v. DeVry University, Inc. (Circuit Court of Cook County, Ill. 2005); defeated plaintiffs’ attempt to certify a multistate class of students supposedly misinformed about school’s programs; suit subsequently dismissed for nominal consideration.
  • CSFB v. Vender, et al. (N.D. Ill. 2004); through injunctive actions enforced noncompete and confidentiality agreements against stockbrokers seeking to move CSFB customers to new firms and obtained damage payments.
  • Carter v. Commonwealth Edison, et al. (Circuit Court of Cook Co., Ill. 2003); won successive partial summary judgments and trial for manufacturer against third-party defendant for indemnification and attorneys' fees totaling nearly $4 million.
  • Christiana Industries, Inc. v. Christiana LLC (Circuit Court of Cook Co., Ill. 2002; affirmed 2003); won jury verdict and judgment award for $1 million in breach of contract suit stemming from sale of business; collected attorneys' fees from losing plaintiff.
  • ZCM v. Allamian, et al. (N.D. Ill. 2002); won dismissal of federal securities suit against offshore bank.
  • First City, Texas-Houston, N.A. v. Rafidain Bank 281 F.3d 48 (2d Cir. 2002); successful appeal for Chase Bank of Texas; Court of Appeals affirmed client’s post-judgment discovery and upheld jurisdiction despite Rafidain’s renewed claim of sovereign immunity.
  • Beeson v. American Store Properties, Inc. 174 F. Supp. 2d 808 (N.D. Ill. 2001), and subsequent (2007); won judgment for commercial nursery client on lease dispute over annexation, site and architectural plans, and sublease option; successfully counterclaimed then settled in mediation follow-on litigation brought by ASPI in Lake County Circuit Court.
  • Beneficial Franchise v. Bank One, et al. (N.D. Ill. 2001); prosecuted client’s computer program patents for tax refund anticipation loans, obtaining successful license fee settlements with all defendants.
  • Place v. Kraft Foods Inc., et al. (N.D. Ill. 2001); defended Mexican corn milling company in multidistrict consumer class action suits on taco shells and other corn products containing genetically modified Starlink corn; court approved favorable settlement of consumer cases in 2002.
  • Merger of SBC and Ameritech (Illinois Commerce Commission 2000); persuaded Commission to condition the merger on establishment of $7.5 million community technology fund.
  • Touhy v. The Northern Trust Bank 1999 WL 342700 (N.D. Ill. 1999); summary judgment for client Northern Trust, dismissing RICO suit and accompanying state and common law claims.
  • Heath v. Walters, et. al. (7th Cir. 1998); court affirmed dismissal of suit for violation of various federal statutes and common law duties in favor of our client, a leading Chicago law firm named as one of the defendants.
  • First City, Texas-Houston, N.A. v. Rafidain Bank 150 F.3d 172 (2d. Cir. 1998); successful appeal for Chase Bank of Texas, reversing decision granting defendant Central Bank of Iraq's motion to dismiss, directing appropriate discovery against a foreign sovereign.
  • Frontier Communications v. AT&T 957 F. Supp. 170 (C.D. Ill. 1997); won $1.6 million judgment for client Frontier in interconnection fees owed by AT&T, overcoming AT&T’s arguments that the FCC had primary jurisdiction due to alleged breaches of Communications Act.
  • August Storck v. Nabisco, Inc. 59 F.3d 616 (7th Cir. 1995); obtained appellate court reversal for client Nabisco of preliminary injunction for trademark and trade dress infringement for Life Savers candies.
  • Printware v. A.B. Dick (American Arbitration Association 1995); won arbitration claim to recover on cancelled purchase orders for joint venture to develop a direct-to-plate printer.
  • Vagenas v. Continental Gin Company 988 F.2d 104 (11th Cir. 1993); won reversal for clients, permitting enforcement in Alabama of a large Greek judgment under 1951 Friendship, Commerce and Navigation Treaty.
  • Retina Services v. Garoon 538 N.E.2d 651 (Ill. App. 1989); won reversal for client seeking to enforce noncompetition agreement, obtaining injunction against departing ophthalmologist.
  • Champion Parts Rebuilders v. Cormier Corp. 661 F. Supp. 825, 650 F. Supp. 87 (N.D. Ill. 1986-87); won injunction under federal securities laws, halting hostile takeover of an Illinois company.
Representative Clients
  • AK Steel Corporation
  • DeVry
  • The Fairchild Corporation
  • Credit Suisse First Boston
  • Barnes & Noble
  • The Northern Trust Bank
  • Household International
  • Ashley Furniture Industries, Inc.
  • Comdisco
  • First City-Houston, Texas
  • Law firms on professional liability

Community

Grant Park Orchestral Association, Director

Illinois Humanities Council, Former Director

WTTW Channel 11 (Chicago Public Television), Former Director

WBEZ Chicago Public Radio Advisory Council, Former Director

Midwest Palliative & Hospice CareCenter, Former Director

Sabre Foundation, Former Director

Protestants for the Common Good, Former Director

Princeton Club of Chicago, Past President

Kendall College, Former Director

United Way of Wilmette, Former Director

News & Resources

Publications

Seminars & Events

Honors

  • Illinois Super Lawyers, 2005-2016
    • Selected among the Top 100 Super Lawyers in Illinois, 2005-2016
    • Named an Illinois Top 10 Super Lawyers, 2005 and 2013
  • Leading Lawyers Network, 2003-present
  • The Best Lawyers in America, 2006-2017
  • Princeton University, Arnold Berlin Award for Service, 2003