Senior Member

Robert “Bob” Baumgartner is an accomplished business attorney with several decades of experience advising clients on a wide range of complex business and commercial matters.  He focuses on providing general counsel services to startups and emerging companies that have not employed an in-house general counsel.  He advises entrepreneurs and their businesses concerning:

1. the appropriate legal entity(s) such as a limited liability company or corporation;
2. shareholder, partnership, and membership operating agreements;
3. employment compliance practices;
4. employment agreements;
5. restrictive covenants;
6. wage and hour compliance;
7. franchise agreements and franchise disclosure documents;
8. negotiating commercial leases;
9. contract preparation and review; and
10. the purchase and sale of businesses.

Bob has represented clients in a broad range of industries representing legal concerns such as:

1. Negotiating and drafting customer and supplier agreements;
2. providing employment advice to businesses in all major industries; 
3. negotiating commercial leases for both franchise and non-franchise businesses with single and multiple locations within diverse industries such as:  fast-food and sit-down restaurants, workout/gyms, cell phone and electronics sales, youth sports, dog sales and grooming, nail and wellness spas, dental and medical practices; and
4. negotiating the sale or acquisition of businesses.  Recent sale transactions: 
5. The sale of a construction company for over $4 million dollars;
6. The sale of a company in the asphalt business for over $4 million dollars;
7. The sale of another company in the asphalt services business for over $1.2 million dollars;
8. The sale of a satellite company for over $8.5 million dollars;
9. The sale of area representative territory in the fast-food industry for over $5 million dollars;
10. The sale of a conference and event company for over $2 million dollars; and
11. The sale of a truck and trailer business for over $2 million dollars.
12. A fast-food business, including the sale of the pad site, for over $8 million dollars; and
13. The sale of numerous fast-food businesses in the range of $500,000 to $1,000,000 dollars.

Bob seeks to represent optimistic, upbeat, and aggressive entrepreneurs and business owners, and to help them create short and long-term business strategies and assist with legal needs.  He provides practical legal solutions to complicated business situations.  Besides providing legal analysis and legal courses of action that are available to his clients, he also provides advice that addresses practical business considerations.  Purely legal solutions may not be the best solution for businesses and business owners.  Instead, he seeks win-win solutions which involve balancing the monetary and non-monetary costs of a litigation strategy versus other alternative non-litigation solutions.  

Bob has found that business owners want cost-effective solutions, not legal positions that lead to polarization and the loss of business deals and transactions. A lease negotiation, a business purchase or sale transaction, or any other contract negotiation, should never fail because the attorneys only advocate fixed positions that create adversity. Rather, lawyers should always first seek solutions that will allow transactions to be consummated with win-win solutions to endeavor to bridge areas of disagreement.

However, when the situation requires a heavy-handed approach, Bob will aggressively advocate his client’s position.

When dealing with employees and employment situations, Bob has found that employers want solutions that will minimize or remove the threat of litigation. With the cost of defending major employment suits averaging over $125,000, most businesses must find solutions to employment problems that protect the business interests while bringing closure to the problems.

Admitted to the Virginia bar in 1978 and to the District of Columbia bar in 1994, Bob brings considerable experience to the practice of business and commercial law throughout the Commonwealth of Virginia.

Education:

• Undergraduate: Wittenberg University
• Master: Xavier University
• Law: University of Richmond

Practice Areas

• Business Enterprises
• Business Formation
• Business Litigation
• Business Planning
• Buying and Selling of Businesses
• Closely Held Business Law
• Family Business Law
• Joint Ventures
• Professional Practices
• Small Business Law
• Strategic Alliances
• Franchises and Franchising
• Partnership Law