Of Interest:
Crash Case Leads to $1M Judgment, Daily News-Record.

Mark D. Obenshain
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

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  Areas of Practice

Of Interest
Undue Influences - What Will You Do About It?
May 2005

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

  

 

 

 

 

 

 

 

 
 
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

CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE AND DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.

  • 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, 2002-2007
  • 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, 2008

Education

  • Washington and Lee University School of Law, Lexington, Virginia, J.D. 1987
  • Virginia Tech, Blacksburg, Virginia, B.A. 1984

Professional and Community Associations

  • 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

Presentations and Published Works

  • CLE Seminar Presenter: “Eminent Domain in Virginia.” 
    Virginia Bar Association, January 21, 2006.
  • CLE Seminar Presenter (scheduled): “Recent Legislative Developments.” Virginia Trial Lawyers Association, April 1, 2006.
  • Civil Discovery in Virginia, Chapter 7 “Depositions Used and Taken in Other States.”
    Author 1999, 2001 and 2003 editions.
  • CLE Seminar Presenter: “Civil Discovery in Virginia, Production of Documents and Things.” Va. CLE 1999
     

*CV, BV and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.