Joshua (“Josh”) Hill is a partner in Morrison Foerster’s Complex Litigation + Advisement practice group and Head of the Business Litigation and Disputes practice. He has over two decades of experience representing clients in a diverse range of complex litigations across technology, energy, healthcare, sports, and asset management industries.

As an experienced litigator and former federal prosecutor, Josh has extensive nationwide litigation, trial, and investigations experience, including a dozen federal jury trials and arbitrations, representation of corporations and individuals in mission-critical commercial litigation, complex consumer class actions, securities class actions, derivative litigations, False Claims Act qui tam litigation, AAA and JAMS arbitrations, and government and internal investigations.

Clients praise Josh for his results, presence, and judgment. Chambers USA highlighted clients’ comments that “his advice is invaluable,” and that “he can look around the corner and spot issues early and remains calm and collected under pressure.”

Josh previously served as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Northern District of California, where he investigated and prosecuted a broad range of offenses, including wire and mail fraud, bank fraud, criminal tax, immigration violations, and violent crimes.

Representative Experience

Complex Litigation & Arbitration

• Represented manufacturer in Delaware litigation concerning closure and sale of a paper-mill and its sale and related North Carolina litigation against the government concerning the mill’s closure, achieving favorable resolutions in both matters.
  
• Represented B2B technology company in trade secrets and breach of contract litigation.
  
• Represented Taiwanese technology manufacturer in breach of contract litigation concerning allegedly unpaid commissions to sourcing agent.
  
• Represented consumer technology company in several consumer class actions alleging violations of California unfair-competition, false-advertising, and Song-Beverly Credit Card Act provisions, obtaining a favorable settlement in one action and successfully opposing class certification in another.
  
• Represented consumer technology company in consumer class action alleging false and misleading marketing statements and health claims.
  
• Represented medical technology company in federal antitrust litigation, securing trial victory.
  
• Represented a major corporation in a series of high-value confidential arbitrations with a spun-off entity concerning contractual obligations to each other and to shared clients.
  
• Represented outside directors of an energy company in litigation and related matters arising from a California offshore oil spill.
  
• Represented financial trading company in an action seeking preliminary injunctive relief to prevent a former senior executive from joining a competitor in alleged violation of a noncompete agreement.
  

• Represented NBA team in multiple disputes, including AAA arbitration against local government concerning an arena lease.
  
• Represented the special committee of a nonprofit organization's board in litigation brought by a former executive director concerning her suspension, investigation of workplace conduct, and termination.
  
• Represented a global delivery and logistics company in multiple matters, including securing dismissal with prejudice of all claims in wrongful-death litigation arising from a multiple-casualty workplace shooting and resolving a separate California Unruh Civil Rights Act lawsuit alleging sexual harassment.
  
• Represented an investment firm in a five-week arbitration involving breach-of-contract, theft-of-trade-secrets, and breach-of-fiduciary-duty claims.
  

False Claims Act Qui Tam Litigation

• Secured dismissal of a False Claims Act whistleblower action alleging that an oncology services company accepted kickbacks involving the use of a pharmaceutical product.
  
• Secured dismissal of False Claims Act qui tam action against private equity firm related to allegations of wrongdoing by a portfolio company.
  
• Represented a private equity firm in a DOJ False Claims Act investigation concerning investments in physician-owned medical practices, securing government non-intervention in a qui tam action that was subsequently dismissed.
  
• Represented a for-profit university in a DOJ False Claims Act investigation concerning allegations that the university defrauded the government of work-visa fees, negotiating a global settlement.
  
• Represented a medical-device maker in a DOJ False Claims Act investigation predicated on alleged violations of the federal Anti-Kickback Statute, resulting in government non-intervention and dismissal of the whistleblower complaint.
  
• Represented a financial institution in multiple state qui tam lawsuits and related putative antitrust class litigation concerning municipal variable-rate demand obligations.
  

Securities Litigation

• Favorably resolved securities class action for a biopharmaceutical company and its executives concerning allegedly misleading disclosures about its lead drug.
  
• Defeated class certification and obtained summary judgment for company and its former CEO in a securities class action concerning statements about acquisition strategy.
  
• Obtained district court dismissal with prejudice of a securities class action against an energy company involving statements concerning a subsidiary’s political activity.
  
• Represented 17 financial institutions in a securities class action concerning their roles as initial purchasers of debt and underwriters of an equity offering by a pharmaceutical company.
  

Crisis Management & Internal Investigations

• Conducted an independent investigation for major university system into allegations of abusive conduct by senior members of its community.
  
• Conducted an independent investigation for a prominent dance company into allegations of sexual harassment and assault involving company members.
  
• Represented the board of a private university in an internal investigation concerning employee allegations of leadership misconduct.
  
• Conducted an investigation for an energy company concerning allegations of executive favoritism and improper workplace spending.
  
• Represented a private equity firm in an investigation concerning allegations of workplace misconduct and harassment.
  
• Conducted an internal investigation for a global corporation and its U.S.-based subsidiary following a shooting at a company facility.
  
• Conducted an internal investigation for a prominent cultural institution concerning a stabbing incident on its premises.
  
• Conducted an internal investigation for a private university concerning whistleblower allegations related to the administration of federal grants.
  
• Conducted internal review for an energy company related to the use of a political consulting firm and political spending.
  
• Conducted an internal investigation for a global restaurant franchise concerning whistleblower allegations of potential Foreign Corrupt Practices Act violations and customs fraud.
  

White-Collar & Regulatory Defense

• Represented a waste management company in negotiating a deferred prosecution agreement following a federal investigation into alleged bribery involving a municipal official. Separately helped resolve an unrelated municipal consumer-protection action.
  
• Represented investor-owned utility as special regulatory counsel in California Public Utilities Commission investigations and enforcement proceedings relating to 2017 and 2018 wildfires, and previously in an enforcement proceeding concerning natural-gas distribution pipelines, including an evidentiary hearing before an administrative law judge.
  
• Represented a former executive of multiple generic-pharmaceutical companies in a DOJ criminal antitrust investigation and parallel state attorneys general civil investigations concerning alleged price fixing, negotiating a non-prosecution agreement, and a favorable state settlement.
  
• Represented the president of a construction company at trial in a multimillion-dollar federal criminal tax prosecution.
  
• Represented a leading pharmaceutical manufacturer in parallel DOJ criminal and civil investigations involving allegations of false and misleading promotional practices.
  
• Represented a real estate executive in a federal prosecution alleging fraud involving a failed real estate development, securing voluntary dismissal of the indictment on the eve of trial; and following re-indictment, prevailing on a motion to dismiss, resulting in the government's decision to abandon the prosecution.