Peter V. Baugher

Peter V. Baugher

PARTNER

312.701.9315
baugher@sw.com
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Peter 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.

In the last several years Mr. Baugher has won a multi-million dollar securities action, a multi-million dollar contractual indemnification suit, a million dollar jury verdict in a business acquisition dispute, a multi-million 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.

Mr. Baugher has represented 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 non-compete and confidentiality agreements, data theft, antitrust, class action, and product liability claims. His clients have included 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, and law firms on professional liability.

Mr. Baugher chairs U.S. Senator Mark Kirk’s Judicial Advisory Board charged with screening Illinois federal judicial candidates for the Senator's recommendation. He is President of the Chicago International Dispute Resolution Association and was principal drafter of Illinois’ International Commercial Arbitration Act. He arbitrates business disputes for the American Arbitration Association and the Financial Industry Regulatory Authority, as well as independently, and has recently been appointed to the Hong Kong International Arbitration Centre's Panel of Arbitrators. Mr. Baugher chaired both the Chicago Bar Association’s Federal Civil Practice Committee and its International and Foreign Law Committee, is a member of the American Law Institute and the American Bar Association, and served on the Seventh Circuit Bar Association's American Jury Project Commission. He is a member of the Illinois Bar and the Trial Bar of the U.S. District Court for the Northern District of Illinois, and is admitted to practice before the U.S. Supreme Court.

Mr. Baugher lectures frequently on litigation topics to bar groups and industry associations. He serves as a director of the Grant Park Music Festival, and was for many years a director of the Illinois Humanities Council and the Sabre Foundation, a leading international book donation organization. He received the Arnold Berlin Award for Service to Princeton University. A statewide survey published in Chicago Magazine has twice ranked Mr. Baugher one of the top ten attorneys in Illinois and he is routinely listed in professional polls as one of the state's foremost business litigators and arbitrators.

Mr. Baugher graduated from Yale Law School, where he was an editor of the Yale Review of Law and Social Action. He received his undergraduate degree from Princeton University. Following law school, Mr. Baugher clerked for Seventh Circuit Judge Philip W. Tone.

Education
  • Yale Law School (J.D., 1973)
  • Princeton University (A.B., 1970)
Affiliations and Recognition
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Legal Organizations

Chicago International Dispute Resolution Association

  • President
  • Visit the website at www.cidra.org
  • Amicus Curiae brief to Supreme Court on jurisdiction and arbitrability [View]

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

  • Member and Delegation Leader - May Day in Russia
  • 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

  • Director of INBLF
  • Past President of Chicago Chapter
  • Visit website at www.inblf.com

Yale Law School Association

  • Executive Committee (2009-2011)

Community Activities

Director or Past Director

  • Illinois Humanities Council
  • WTTW Channel 11 (Chicago Public Television)
  • WBEZ Chicago Public Radio Advisory Council
  • Grant Park Orchestral Association
  • Midwest Palliative & Hospice CareCenter
  • Sabre Foundation
  • Protestants for the Common Good
  • Princeton Club of Chicago, Past President
  • Kendall College
  • United Way of Wilmette
  • Mark Kirk for Congress (10th District, Illinois), Finance Chair; Kirk for Senate Finance Committee

Arbitration/Mediation

  • American Arbitration Association
  • Financial Industry Regulatory Authority
  • National Futures Association
  • New York Stock Exchange
  • Hong Kong International Arbitration Centre
  • Private Mediator/Arbitrator of Commercial Disputes

Recognition

  • Selected Among the Top 100 Super Lawyers in Illinois (2005-2014)
  • Selected Among Illinois Top 10 Super Lawyers (2013)
  • Recommended by Peers for Leading Lawyers Network
  • Recommended by Peers for Best Lawyers in America
Publications and Presentations
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A Trial Lawyer's Guide to Discovery in Federal and State Courts in Illinois
Schopf & Weiss (2010, 2003)
Co-authored with members of the firm. The book describes how to use discovery to prepare for trial, discusses the judicial decisions that shape discovery strategy, and analyzes recent rule revisions. For a complimentary copy, please e-mail your name and address to marketing@sw.com.

Litigation Risk & Opportunity in the United States: A Guide for International Executives and Their Advisors
Schopf & Weiss (2009, 2003)
Co-authored with members of the firm, the authors use their experience as business litigators to explain how business in the United States is conducted against a backdrop of a comprehensive and complicated set of laws and the pervasive possibility of litigation. For a complimentary copy, please e-mail your name and address to marketing@sw.com.

CIDRA Rules! A Guide to International Arbitration
(2006)
A compilation of rules, conventions and statutes on international arbitration and mediation prepared for the Chicago International Dispute Resolution Association. For complimentary copy, please email your name and address to marketing@sw.com.

Recovering Damages for Trademark Infringement
101 Illinois Bar Journal 148 (2013)
While enjoining unlawful use is the objective of most trademark infringement suits, some trademark owners can get money damages as well. [Download]

Advancing D&O Litigation Expenses: The Power of the Perk
99 Illinois Bar Journal 36 (2011)
Many companies promise officers and directors an advance of litigation expenses for suits filed against them based on their services on behalf of the corporation. But courts’ strong enforcement of these promises render them a more meaningful benefit – and a heavier burden – than some corporations expect. [Download]

Nothing But Net: The Northern District of Illinois on the World Wide Web
Chicago Bar Record (Jan. 2002)
Describes how to use the website of the U.S. District Court for the Northern District of Illinois.

International Commercial Arbitration
Chicago Bar Association (2002, 1998)
Contrasts litigation and arbitration, cites cases enforcing and declining to enforce arbitral awards, and discusses organizations that administer arbitrations. [Download]

A New Way to Resolve International Business Disputes
88 Illinois Bar Journal 582 (2000)
Discusses Illinois' new International Commercial Arbitration Act, and profiles the Chicago International Dispute Resolution Association. [Download]

Discovery in Illinois
Business and Commercial Litigation (IICLE 1999)
Co-author of chapter that describes how to use discovery to prepare for trial, discusses the judicial decisions that shape discovery strategy, and analyzes recent rules revisions. Schopf & Weiss has authored this chapter since 1991.

A Guide to Transnational Litigation
American Bar Association, Third Annual Int'l Law Forum (1996)
Comprehensive outline of issues arising in litigation involving foreign parties, such as (1) jurisdiction, extraterritoriality and service of process, (2) choice of forum and law, (3) the immunities of foreign sovereigns, (4) conflicting approaches to discovery, and (5) judicial assistance and comity, including enforcement of judgments and arbitral awards.

Public Commentary

Removing Anonymity In Attacks By Cyberbullies
Chicago Tribune (September 2011)
Click Here To Read Article

A Bad Day For Politics, But A Good Day For Law
Huffington Post (June 2010)
Click Here To Read Article

Seminars
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Curbing Internet Abuse
University of Chicago Law School
Law & Technology Society (2013)

Temporary Restraining Orders View Outline
Chicago Bar Association Commercial Litigation Seminar (2013) 

Strategies in International Commercial Arbitration
IIT Chicago-Kent College of Law (2012)

Jury Management Conference
Law Bulletin Seminars (2012)

Recovering Securities Losses: Don't Get Mad, Get Even!
Illinois Public Pension Fund Association (IPPFA) Annual Conference (2012)

Federal Judicial Selection
Federal Bar Association Annual Meeting (2011)
Asian American Bar Association (2011)
Yale Law School Association of Illinois (2011)

AT&T v. Concepcion: When Arbitration Meets Class Action
DePaul University College of Law (2011)

Negotiation Strategy/Anatomy of a Lawsuit
John Marshall Law School; School of the Art Institute (2010)

The Impact of the Recession on Valuation of Assets and Damages in Resolving Complex Disputes
American Bar Association (2009)
Presented at the Annual Meeting, Section on Dispute Resolution

Mediation Advocacy
Law Bulletin Litigation Skills Conference (2009)

International Litigation and Arbitration
Circuit Court of Cook County (2009), Illinois State Bar Association (2008), Loyola University School of Law (2007), Kane County Bar Association (2003)

International Commercial Arbitration [Download]
Chicago Bar Association (2010, 2007, 2002, 1998)

Electronic Discovery
American Bar Association (2005)
Presented at the International Section Annual Meeting in Brussels, Belgium

U.S.-European Litigation
American Bar Association (2003)
Presented at the International Section Annual Meeting in Brussels, Belgium

Transnational Civil Procedure, Jurisdiction and Judgments
Chicago Bar Association (2003)

Attorneys Fees: Can't Live With Them, Certainly Can't Live Without Them [Download]
Chicago Lincoln Inn of Court (2003)

21st Century Discovery
Chicago Bar Association (2001)
Continuing legal education concerning changes in discovery brought about by the computer revolution and the Internet

Federal Discovery 2002
Chicago Bar Association (2002)
Continuing legal education annual seminar on key federal civil procedure developments

International Arbitration: The Illinois Experience
Boston Bar Association (2001)

Globalization and the Law [View]
Yale Club of Chicago (2001)

Keynote Address: Think Locally, Act Globally
Chicago-Kent College of Law Int'l Law Society Conference (1999)

Resolving International Business Disputes
University of Chicago Graduate School of Business Roundtable (1998)

New Supreme Court Rules Governing Civil Discovery
Illinois State Bar Association (1996)

Cases
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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 multi-million 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 multi-state 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 plantiff.

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.

News
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