Vivian H. Basdekis

BIOGRAPHY
Phone: (304) 340-1094 | Fax: (304) 340-1272 | Email: vhbasdekis@jacksonkelly.com
500 Lee Street East, Suite 1600, Charleston, WV 25301-3202


Vivian H. Basdekis is a Member in the Commercial Law Practice Group in the Firm's Charleston, West Virginia, office. She focuses her practice on commercial litigation. Her experience includes handling complex contract disputes and business torts; lender liability and financial services litigation; construction disputes, mechanics liens and bond claims; First Amendment, media and broadcast laws defamation; intellectual property; and adoption and surrogacy law. Specific examples of her experience in these areas are listed below.

Commercial Contract Disputes and Business Torts:
 

  • Representing business clients as both plaintiffs and defendants in commercial disputes, including breach of contract, breach of fiduciary duty, fraud and misrepresentation, civil RICO, claims arising under the Uniform Commercial Code, interference with contracts and business relationships, conversion and other business torts
  • Assisting clients with collections and domesticating foreign judgments

Construction Law, Mechanics' Liens and Bond Law:
 

  • Representing property owners, contractors, subcontractors, architects, engineers and landscape artists in litigation in West Virginia courts, including the West Virginia Court of Claims
  • Assisting clients with mechanics' liens and public project bond claims
  • Co-authored the West Virginia chapter of the Fifty State Construction Lien and Bond Law
  • Co-authored the West Virginia chapter of the State-by-State Guide to Architect, Engineer and Contractor Licensing

Financial Services Litigation:
 

  • Representing banking and financial institutions in claims involving contract disputes, torts and statutory violations
  • Defending claims filed by both consumers and the Office of the Attorney General under the West Virginia Consumer Credit and Protection Act
  • Defending banks and lenders in litigation involving claims of negligence, tortious interference, civil conspiracy, aiding and abetting and other claims

First Amendment, Media and Broadcast Law:
 

  • Representing West Virginia Broadcasters' Association (WVBA) and media clients, including, newspapers, radio and television stations and others, in libel cases and disputes involving defamation, privacy rights, copyright, trademark  law and commercial appropriation
  • Co-authored Keeping it Legal, a guide for broadcasters published by the WVBA, the West Virginia Right of Publicity Laws and the Survey of West Virginia Libel Law
  • Assisted with efforts to enact West Virginia's reporter's shield law passed by the West Virginia Legislature in 2011

Surrogacy and Adoption Law:
 

  • Representing intended parents and gestational carriers in the drafting and negotiation of gestational surrogacy agreements
  • Representing intended parents in circuit court to obtain pre- and post-birth orders prior to the filing of the birth certificate
  • Assisting clients with state and interstate adoptions

Ms. Basdekis earned her law degree from The George Washington University School of Law, where she served on the American Intellectual Law Association Quarterly Journal (AIPLA) for two years and received Honors for her Journal Note. Prior to joining the Firm, Ms. Basdekis served as a Law Clerk to the Honorable Joseph C. Pomponio, Jr. of the Circuit Court for 11th Judicial Circuit during the 2007-08 judicial term. While at George Washington University, Ms. Basdekis also served as a member of the Alternative Dispute Resolution Skills Board and represented her law school at the 2004-05 Finals of the American Bar Association's North American Alternate Dispute Resolution Negotiations Competition.

Ms. Basdekis earned her Bachelor of Arts degree from George Mason University in 2002. She received the Outstanding Student in English Award in 2002 and was a member of the Honors Program in English.

Ms. Basdekis served as President of the Judge John A. Field, Jr. American Inn of Court for the 2012-2013 term and served as the Inn Administrator from 2010-2012.

 
Legal Experience
 
2008 - PresentJackson Kelly PLLC
2007 - 2008The Hon. Joseph C. Pomponio, Jr., Judicial Law Clerk
 
Education
 
2007J.D.The George Washington University Law School
2002B.A.George Mason University (English)
 
Bar Admissions
 
2007West Virginia
 
Court Admissions
 
2010United States District Court for the Northern District of West Virginia
2008United States District Court for the Southern District of West Virginia
2007West Virginia Supreme Court of Appeals

Professional Involvement:
  • The Judge John A. Field, Jr., American Inn of Court, President (2012-2013)
  • The Judge John A. Field, Jr., American Inn of Court, Inn Administrator (2010-2012)

 


Community:
  • Kanawha Pastoral Counseling Center, Board Member

Teaching and Lecturing:
  • What’s New in EEO, Political Advertising, and Other Topics for Broadcasters, Spring Meeting of the West Virginia Broadcasters Association, March 7, 2014 (with David A. Barnette)
  • Data and Identity Theft: Red Flags presentation to the West Virginia Society of Certified Public Accountants, January 28, 2014 (with David A. Barnette)
  • Adoption Law in West Virginia, May 14, 2013 (with David A. Barnette)
  • Keeping it Legal: EEO and Other Topics for Broadcasters, Spring Meeting of the West Virginia Broadcasters Association, February 23, 2013 (with David A. Barnette)
  • Keeping it Legal: EEO and Other Topics for Broadcasters, Spring Meeting of the West Virginia Broadcasters Association, March 31, 2012 (with David A. Barnette)
  • Social Networking and Your Station: A Proactive Approach, Spring Meeting of the West Virginia Broadcasters Association, March 26, 2011 (with David A. Barnette)
  • Seven Deadly Sins for Broadcasters to Avoid, Spring Meeting of the West Virginia Broadcasters Association, March 6, 2010

 


Writings and Publications:
  • Co-author with David A. Barnette, Right of Publicity Laws: West Virginia, in  PLC Multistate Q&A: Right of Publicity Laws (Practical Law, Thomson Reuters 2013)
  • Co-author with David A. Barnette, Survey of West Virginia Libel Law MLRC 50-State Survey 2013-2014: Media Libel Law (Oxford Univ. Press 2013)
  • Co-author with David A. Barnette, Keeping It Legal: A Guide for West Virginia Broadcasters (6th ed. 2013)
  • Co-author with James R. Snyder, Chapter 51. West Virginia, State-by-State Guide to Architect, Engineer, and Contractor Licensing, 1753-89 (Stephen G. Walker et al. eds., Aspen Law & Business 2013)
  • Co-author with James R. Snyder, Chapter 49. West Virginia,  Fifty State Construction Lien and Bond Law (Robert F. Cushman et al. eds., Aspen Law & Business 2013)
  • Co-author with David A. Barnette, Intellectual Property: West Virginia (Lex Mundi 2009)

 


Awards and Honors:
  • Named in the 2015-2017 editions of West Virginia Super Lawyers® Rising Stars for Business Litigation
  • Outstanding Student in English Award, 2002, George Mason University
  • Honors in Legal Research and Writing, 2004-05, The George Washington University Law School
  • The George Washington University ADR Skills Board, 2004-07
  • ABA Alternative Dispute Resolution Negotiations Competition, 2004-05
  • Advanced to North American Finals
  • Alpha Lambda Delta Honor Fraternity, Vice President
  • Honors Program in General Education, George Mason University
  • Honors Program in English, George Mason University
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