Joshua L. Burgener, a partner in the firm’s Nashville office, focuses his practice on complex commercial and business litigation, employment disputes, class action litigation, and real estate litigation. Specifically, he specializes in trade secret and non-compete suits, contract claims, lease disputes, and business torts. In addition to his courtroom practice, Josh also advises clients on litigation assessment and avoidance. He has been recognized by Super Lawyers® as a “Rising Star” (2016-2019), on Benchmark Litigation’s 2019 “40 and Under Hotlist,” and was invited to join the Federation of Defense and Corporate Counsel (FDCC) in 2019. Born and raised in New York City, Josh received his undergraduate and law degrees from Vanderbilt University.
Education & Credentials
Education
Vanderbilt University
B.A., American and Southern Studies- with Honors
- magna cum laude
Vanderbilt University Law School
J.D.Bar Admission
Acknowledgements
- The Legal 500 United States
- Dispute Resolution - General Commercial Disputes, 2023
- Labor & Employment Disputes - Defense, 2023
- Best Lawyers in America®
- Labor & Employment Litigation, 2023-2024
- Nashville Business Journal
- 40 Under 40, 2022
- Benchmark Litigation
- “Under 40 Hot List,” 2019-2021
- Local Labor & Employment Star 2022-2023
- Mid-South Super Lawyers®
- Business Litigation, 2023
- “Rising Star,” Business Litigation, 2016-2021
- Tennessee Supreme Court
- Pro Bono Service Award, 2015-2017
Prominent Assignments
- Defended multinational corporation in multi-million dollar breach of contract suit wherein Plaintiff alleged breach of an outside manufacturing agreement for allegedly failing to deliver all products orders after the client’s production capabilities plummeted.
- Defended property owners and management company in suit filed by short-term rental management company alleging breach of lease agreements and violations of the Tennessee Uniform Residential Landlord and Tenant Act.
- Prosecuted trade secret, breach of fiduciary duty, and breach of contract action on behalf of regional company against competitor and the former executive it hired after he absconded with formulas and other sensitive proprietary and business information.
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Represented Fortune 10 retail chain in condemnation, eminent domain, and related land use and development matters in Nashville/Davidson County, TN, and throughout Tennessee, including pre- and post- judicial procedure strategy, settlement negotiations and resolutions.
- Advised partners in prominent local restaurant in dispute involving allegations of fraud, breach of fiduciary duty, and misappropriation that was resolved pre-suit.
- Defended healthcare services company in multiple franchise disputes with franchisees that resulted in favorable settlement terms after protracted litigation in state and federal court.
- Litigated commercial lease disputes on behalf of national healthcare REIT that resulted in favorable judgments for the client.
- Successfully represented publicly traded company in Sarbanes-Oxley (SOX) whistleblower retaliation suit resulting in federal district court granting summary judgment.
- Successfully defended national health care company against Telephone Consumer Protection Act (TCPA) claim resulting in early dismissal.
- Significant experience enforcing non-compete, non-solicitation, and other employment agreements in federal court.
Professional Involvement
- Nashville Bar Association, Board of Directors, 2024-2028
- American Bar Association, Tort Trial & Insurance Practice (TIPS) Section, Leadership Academy - Class of 2024
- Nashville Bar Association, Co-Chair Circuit and Chancery Court Committee (2018-2020)
- Tennessee Bar Association
- Federation of Defense and Corporate Counsel
- American Constitution Society
- Harry Phillips Chapter, Inns of Court (2012-2014)
- Member, Inaugural Class, Nashville Bar Foundation Leadership Forum (2014-2015)
Community Involvement
• Member, Nashville Emerging Leaders, Class of 2015
• Former Board Member, Nashville Emerging Leaders (2017-2018)
• Susan Gray School, Peabody College at Vanderbilt University
• Nashville Sports Council
• HELP Clinic at Room in The Inn
• Legal Aid Society of Middle Tennessee
• National Commodore Club
• Actively involved in local, state and national political campaigns, including 2014 retention election for three Tennessee Supreme Court Justices
Experience
Court Admissions
- Middle, Eastern and Western District of Tennessee
- 6th Circuit Court of Appeals
- District of Colorado
Publications/Presentations
- Co-Author, "Sixth Circuit Announces Stricter Standard for Sending Notice in FLSA Collective Actions,” Dickinson Wright All Things HR Blog, June 2023
- Author, Class Action Discrimination Suit Against the NFL is One to Watch, Dickinson Wright All Things HR Blog, February 2022
- Author, “Are Mandatory Vaccinations Included in Back to ‘Normal’?” Dickinson Wright All Things HR, July 2021
- Featured, When to Call a Litigator, DW’s Minutes on the Matter, May 2021
- Rule 31 Mediator in General Civil cases, Tennessee Alternative Dispute Resolution Commission, 2021
- Speaker, “After COVID-19: Business Acquisition and Disposition Opportunities,” DW Webinar, May 27, 2020
- Co-author, "Scrutiny of Ride-hailing Apps Offers Legal Reminder to All Employers," Nashville Business Journal. July 20, 2015.
- The State of Sports in Nashville, on behalf of the Center for Nashville Studies at Vanderbilt University in 2010. Report provided a situational analysis of the city’s resources, facilities, and events, with an eye towards expanding Nashville’s footprint in the world of sports.
- Nashville Public Radio, wrote and read on-air a series of eight essays entitled "First Experiences" (2001-2002)