Joshua L Burgener

Joshua L. Burgener

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

  • Tennessee

Acknowledgements

  • Benchmark Litigation
    • “Under 40 Hot List,” 2019-2021
  • Mid-South Super Lawyers®
    • “Rising Star,” 2016-2019
  • 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.
  • 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.
  • Represented national pharmacy in condemnation matters across the state.
  • 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, 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 

  • Associate at boutique litigation firm in Nashville specializing in professional and healthcare liability defense (2011-2014)
  • Law Clerk for The Honorable Thomas W. Brothers, Tennessee Circuit Court, 20th Judicial District - Nashville/Davidson County (2010-2011) 
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    Court Admissions

    • Middle, Eastern and Western District of Tennessee
    • 6th Circuit Court of Appeals
    • District of Colorado

    Publications/Presentations

    • 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)
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