Josh is a trial lawyer who represents clients in complex commercial litigation matters and who advocates on behalf of individual investors and other consumers whose funds have been misappropriated or mishandled because of fraud, negligence, or other malfeasance.
Josh has significant experience representing plaintiffs and defendants in a wide variety of complex business matters, such as class actions, shareholder disputes, SEC and DOJ investigations, contract disputes, corporate-governance matters, fiduciary litigation, internal investigations involving fraud or accounting problems, and business breakups. Josh also advises and represents companies in matters relating to various business torts, such as trade-secret misappropriation and unfair competition.
Josh has tried cases to verdict against CPA firms, the federal government, and special prosecutors in administrative trials.
Josh is recognized as a “Super Lawyer” in Business Litigation by Super Lawyers Magazine for the years 2021 and 2022. Before that, Super Lawyers Magazine recognized Josh as a “Rising Star” for every year between 2013 and 2020. Josh is also Listed in The Best Lawyers in America for Commercial Litigation. Josh has previously received “Legal Elite” recognition by Georgia Tend Magazine. And Josh received Martindale-Hubbell’s AV Preeminent rating in both Legal Ability and in Ethical Standards, the highest rating, in the 2023 Judicial Edition, reflecting the confidential opinions of members of the bar and judiciary.
Bar Admissions
Georgia
Supreme Court of Georgia
Court of Appeals of Georgia
U.S. District Court Northern District of Georgia
U.S. District Court Middle District of Georgia
U.S. District Court Eastern District of Michigan
United States Court of Appeals, Eleventh Circuit
Recognition
Georgia Trend Magazine: Received "Legal Elite" recognition
Super Lawyers: Recognized as a “Super Lawyer” in Business Litigation by Super Lawyers Magazine for the years 2021 and 2022; recognized as a "Rising Star" in business litigation, 2013-2020
Listed in the Best Lawyers in America for Commercial Litigation
Martindale-Hubbell: AV Preeminent rating in both Legal Ability and in Ethical Standards (their highest rating)
Credentials
J.D., magna cum laude, University of Georgia School of Law,
Order of the Coif
National Order of Barristers;
Joseph Henry Lumpkin Inn of Court, Pupil
Georgia Moot Court Team, National Finalist
Georgia Law Review, Editorial Board and Notes Editor
B.A., Vassar College
Representative Experience
Complex Business Disputes and Class Actions
· Josh defended the independent directors of a real estate investment company in securities class action alleging over $140 million in damages related to the internalization of the company’s outside advisor and the company's public disclosures and was a member of the legal team that successfully secured summary judgment in the clients’ favor.
· Josh is lead counsel in defending a nationwide class actions involving credit card processing fees and alleging more than $100,000,000 in damages.
· Josh was co-counsel in the defense of financial institutions and consumer consolidated class actions involving card payment data breach.
· Josh secured the dismissal of an unfair competition class-action lawsuit filed in federal court in California against a manufacturer of infant products.
· Josh secured a full defense verdict in a one-week jury trial on an employment agreement between a financial advisor and his former firm.
· Josh represented a manufacturer in parallel litigation in the Delaware Chancery Court and in the Southern District of New York in a dispute related to the manufacturer’s acquisition of several industrial plants.
· Josh was a member of the legal team that successfully defended four executives of a wire manufacturer in a TRO action filed by their former employer seeking to restrain them from forming a competing entity. The federal district judge denied the employer's request for a preliminary injunction.
· Josh secured summary judgment that awarded a lending institution over $1.5 million owed for a business loan and that denied the defendants' counterclaims for breach of contract and various intentional torts. Josh obtained affirmance of the summary judgment award from the Georgia Court of Appeals, and he successfully defended against the defendants’ application for certiorari with the Supreme Court of Georgia.
White Collar Litigation
· Josh has routinely represented both corporate and individual clients in investigations by the SEC, DOJ, and FINRA.
· Josh represented a former Fortune 500 executive in parallel civil and criminal securities-fraud cases, including a two-week criminal jury trial in federal court.
· Josh has represented multiple clients accused by federal agencies of insider trading.
· Josh represented the former executive of a bank against allegations of misappropriation, self-dealing, and other misconduct. No charges were filed against the executive.
Internal Investigations, Cybersecurity & Privacy
· Josh has advised clients on the adequacy of their privacy policies and their compliance with privacy and cybersecurity requirements.
· Josh conducted an internal accounting investigation on behalf of the Audit Committee of a government-run hospital.
· Josh conducted an internal accounting investigation into stock-option-backdating activities on behalf of the Audit Committee of a Nasdaq-listed company.
· Josh performed an internal investigation into the possible misappropriation of millions of dollars in funds of a non-profit, professional organization in Atlanta.
· Josh has represented the Audit Committee of a Fortune 50 company in an internal accounting investigation.
Appellate Litigation
· Josh has represented multiple clients in briefing matters to the federal and state appellate courts in Georgia.
· Josh represented a client on a question of first impression before the Georgia Court of Appeals and the Supreme Court of Georgia and obtained a unanimous opinion in the client’s favor from the Supreme Court.
· Josh secured summary judgment in favor of a company in litigation challenging the company’s services under the Americans with Disabilities Act and obtained confirmation of the summary judgment award on appeal to the Second Circuit Court of Appeals and denial of the plaintiff’s application for certiorari with the United States Supreme Court.