Mark D. Obenshain, with nearly twenty years of litigation
experience and 75 jury trials to his credit, serves as lead counsel in
complex litigation for clients. He began as a trial lawyer representing
governmental agencies and their employees and insurance companies and
their insureds in general and civil rights litigation. Mr. Obenshain now
focuses largely on commercial and fiduciary disputes. He handles a wide
variety of commercial and employment
disputes including trade
secrets, trademark copyright, ERISA, and Title VII cases. He also
handles will contests and other trusts and estate litigation and serious
personal injury cases. Mr. Obenshain has extensive experience in
alternative dispute resolution, including arbitration and mediation.
Virginia State Senator of the 26th District since 2003, Mr. Obenshain
represents the Counties of Shenandoah, Page, Warren, Rappahannock, parts
of Rockingham County, and the City of Harrisonburg. He is a member of four
legislative Committees: Agriculture, Conservation and Natural Resources;
Courts of Justice; Local Government; and Privileges and Elections.
Experience
- Successfully represented 70+ employees of a financially troubled
foreign-owned manufacturing company in an ERISA claim seeking recovery
of their severance benefits from their employer.
- Represented a multi-state food distribution company, which obtained
injunctive and other relief from a competitor and former employees in
federal court in a trade secrets case.
- Served as counsel for an internationally-owned communications
company seeking injunctive relief from a contractor who obtained a PCS
license through a Federal Communications Commission auction but then
kept the license for its own account and attempted to arrange its sale
to a third party.
- Represented a medical professional sued by a former employer in
federal court for alleged violation of a covenant not to compete and
the Virginia Trade Secrets Act. Successfully tried; sanctions
including attorney's fees were awarded and affirmed on appeal.
- Successfully represented clients in multiple will contests.
- Handled hundreds of personal injury cases representing both
plaintiffs and defendants in jury trials, with significant financial
awards to plaintiffs.
- Handled more than 50 Federal Civil Rights Act claims on behalf of
governmental entities and employees including wrongful death claims
resulting from use of excessive force; employment claims alleging the
deprivation of property rights without due process of law; and claims
alleging deprivation of rights to real estate without due process of
law. Presented successful defense in a two-week jury trial in a $6
million claim over a fatal police shooting.
- Represented employers in employment discrimination and employment
practices litigation.
- Represented employers in business conspiracy litigation seeking
injunctive and other relief from employees and competitors.
- Successfully represented party to software licensing agreement in
asserting fraud and business conspiracy claims against licensor.
- Successfully represented families of passengers killed in airplane
crashes.
- Represented the family of guest who died in a hotel fire.
Honors and Awards
- "Legal Elite," Virginia Business Magazine, 2002, 2003,
2004, 2005, 2006
- Named to Best Lawyers in America ® , Commercial Litigation, 2006 -
2008
- AV* Peer Review Rated by Martindale-Hubbell ®
- "Super Lawyer," Virginia Super Lawyers Magazine, 2006,
2007
Education
- Washington and Lee University School of Law, Lexington, Virginia, J.D.
1987
- Virginia Tech, Blacksburg, Virginia, B.A. 1984
Professional Associations and Memberships
- Virginia State Senate, Member, 2004 - Present
- Virginia Association of Defense Attorneys
- Virginia Trial Lawyers Association
- American Trial Lawyers Association
- Boyd-Graves Conference, 2003 - Present
- James Madison University Board of Visitors, 1995 - 2003
- Mercy House, Inc. Board of Directors, 1993 - Present
- Harrisonburg Rotary Club, Member and former Director
- Governor's Commission on Citizen Empowerment, 1994 - 1995
- Governor's Advisory Commission on Welfare Reform, 1995 - 1997
- Harrisonburg Daily News Record Leadership Awards Committee, 2002
- First Presbyterian Church
Mark D. Obenshain
Lenhart Obenshain PC
90 North Main Street, Suite 201
Harrisonburg, VA 22802
P.O. Box 1287
Harrisonburg, VA 22803
T: 540.437.3133
F: 540.437.3101
email: Mark D. Obenshain
Areas of Practice
Bar Admissions
- Virginia, 1987
- U.S. Supreme Court
- U.S. Court of Appeals 4th Circuit
- U.S. District Court Western District of Virginia
- U.S. District Court Eastern District of Virginia
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