“ I am an experienced trial lawyer who helps companies and individuals solve their most challenging problems.

Joshua, a former federal prosecutor focusing on investigations, white-collar criminal defense, and complex commercial litigation, is praised by clients for his results, presence, and judgment. Josh has tried and arbitrated cases in federal court, JAMS, and the American Arbitration Association (AAA). He has tried seven cases to jury verdict in U.S. federal court and has experience in every aspect of trial practice. Chambers USA has described him as a “very talented” litigator with “significant strengths acting for clients in the technology, healthcare and energy sectors.”

Josh has particular experience representing clients in the pharmaceutical, medical device, consumer technology, sports, and energy industries. He has more than 15 years of diverse experience advising clients on civil and criminal Department of Justice (DOJ) investigations; civil and criminal antitrust matters; sports litigation; high-stakes business disputes; California Public Utilities Commission investigations; California Department of Insurance health care fraud investigations; consumer class actions; and Immigration and Customs Enforcement investigations. Josh’s experience also includes cases requiring close coordination with litigation–public relations professionals.

Josh also maintains an active pro bono practice. In 2016, he served as head of the Counsel Working Group responsible for investigating personnel and internal discipline practices within the San Francisco Police Department in connection with the Report of the Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement.

Josh served as a law clerk to the Honorable Jack B. Weinstein of the U.S. District Court for the Eastern District of New York. He earned his J.D. from Yale Law School, his M.A. in economics from Johns Hopkins University, and his B.A. in economics from Morehouse College.

Representative Experience

Investigations and White-Collar Criminal Defense

• Pacific Gas and Electric Company in ongoing governmental investigations by the Safety and Enforcement Division of the California Public Utilities Commission and related proceedings pertaining to wildfires.
• Investment company in state attorneys general antitrust and consumer protection investigations.
• Publicly-traded biotech company in a U.S. Department of Justice securities fraud investigation.
• Medical device maker in U.S. Department of Justice False Claims Act investigation predicated on alleged violations of the federal Anti-Kickback Statute. The government declined to intervene, and the whistleblower dismissed the qui tam complaint.
• Leading pharmaceutical manufacturer in parallel U.S. Department of Justice criminal and civil investigations related to allegations of false and misleading promotional practices. The government declined criminal prosecution.
• Individual in prosecution alleging fraud in connection with a failed real estate development. Convinced the government to voluntarily dismiss federal indictment on eve of trial. After re-indictment, prevailed on motion to dismiss the federal indictment, resulting in the government’s decision to abandon the prosecution.
• Senior executive in DOJ antitrust investigation and manufacturer in DOJ antitrust price-fixing investigation.
• Health care supply-chain company in connection with a Drug Enforcement Administration audit and settlement of civil charges for violations of federal recordkeeping requirements.
• Private-equity firm in an investigation related to accusations of workplace misconduct and harassment.
• Investor-owned utility in a California Public Utilities Commission enforcement proceeding related to natural-gas distribution pipelines, including an evidentiary hearing before an administrative law judge.
• Health care provider in connection with a California Department of Insurance anti-kickback investigation.

Complex Commercial Litigation

• Successful representation of a large consumer technology company in consumer class action alleging violations of California’s unfair-competition law. The litigation settled on favorable terms.
• Argued successful motion to deny class certification in consumer class action alleging violations of unfair-business practice and false-advertising laws in connection with streaming video technology.
• Large consumer technology company in consumer class action alleging violations of the California Song-Beverly Credit Card Act in connection with collection of customer data.
• The Golden State Warriors organization in AAA arbitration against the Oakland-Alameda County Coliseum Authority related to the lease to Oracle Arena.
• Successful representation of the former executive director of the National Basketball Players Association in breach-of-contract litigation against the NBA players’ union. The parties reached a confidential settlement. 
• Secured dismissal of all claims with prejudice in wrongful-death litigation arising out of a multiple-casualty workplace shooting.
• Successful representation of an investment firm in a five-week arbitration hearing related to claims for breach of contract, theft of trade secrets, and breach of fiduciary duty.

Josh is ranked as a leading lawyer in California by Chambers USA for 2019 in white-collar defense and government investigations. In 2018, Chambers USA named Josh as one of only two “Up and Coming” lawyers in California for the same category, and he was recommended by Legal 500 US for corporate investigations and white-collar criminal defense. In 2015, the Daily Journal named him one of the “Top 20 Lawyers Under 40” in California.

Rankings

• Ranked for California Litigation: White-Collar Crime & Government Investigations – Chambers USA