A partner with the Los Angeles office, Josh practices litigation with a primary focus on complex commercial litigation matters, including insurance, banking, antitrust, unfair business practices, and business torts, in both individual and class actions.
1994 - J.D. University of California at Los Angeles
1991 - B.A., cum laude, Political Science, Duke University
American Jurisprudence Award for Civil Procedure in 1992.
Before joining the firm, Josh served as 1994-1995 law clerk for The Honorable Irving S. Hill, United States District Court for the Central District of California. During law school, he also completed judicial externships for The Honorable William D. Keller and The Honorable Harry L. Hupp, United States District Court for the Central District of California.
Admitted to practice law in 1995 in California, and to practice before the Central, Northern, Eastern and Southern Districts of California, all federal courts and the Ninth Circuit Court of Appeals.
Recent significant matters include:
- Participating in defense of putative class action of 1 million life insurance policyholders alleging fraud and unfair business practices in the sale and administration of the policies.
- Defeated motion for class certification; affirmed on appeal. Fairbanks v. Farmers New World Life Ins. Co., 197 Cal. App. 4th 544 (2011).
- Obtained ruling from California Supreme Court dismissing claim under California Consumers Legal Remedies Act, on the basis that the statute does not apply to the sale of life insurance. Fairbanks v. Superior Court, 46 Cal. 4th 56 (2009).
- Defending multiple state and federal MDL class action antitrust claims alleging client engaged in conspiracy to manipulate natural gas and electricity markets.
- Obtained summary judgment of state law antitrust claims as preempted by the Natural Gas Act. In re Western States Wholesale Natural Gas Antitrust Litig, 2011 U.S. Dist. LEXIS 83062 (D. Nev. July 18, 2011). Summary judgment reversed on appeal. Learjet, Inc., et. al. v. Oneok, Inc., et. al., 715 F.3d 716 (9th Cir. 2013). Certiorari to the U.S. Supreme Court granted June 30, 2014.
- Obtained dismissal of action by Missouri Public Service Commission on the ground that taking assignments of private damages claims exceeded the Commission's statutory authority to act. Mo. Pub. Serv. Commn. v. OneOK, Inc., et. al., 318 S.W.3d 134 (Mo. App. 2009).
- Obtained ruling that client had not waived attorney-client privilege by disclosing information to U.S. Atty. and other federal agencies, because the disclosure was coerced by the government and, therefore, not voluntary. Regents of the Univ. of California v. Superior Court, 165 Cal. App. 4th 672 (2008).
- Obtained dismissal of California state government and putative class action claims alleging manipulation of electricity market and unfair business practices, based on the filed rate doctrine. California ex rel. Lockyer v. Mirant Corp,et. al., 266 F.Supp.2d 1046 (N.D. Cal. 2003), affd. in California ex rel. Lockyer v. Transcanada Power L.P., 110 Fed. Appx. 839 (9th Cir. 2004); City of Tacoma et. al. v. American Electric Power Corp., et. al., cv-04-1841 (W.D. Wash. Feb. 9, 2005). )
- Defended after-market auto parts company in Lanham Act and false advertising suits brought by competitor who alleged that defendant utilized photographs of plaintiff's products in its advertisements. Brought counter-suit for misappropriation of trade secrets. Matter favorably settled.
- Defended provider of independent medical examination services in cases alleging unfair business practices, including collusion with insurers alleged to be seeking to avoid paying disability claims. Obtained summary judgment in favor of client.
- Participated in defense of statewide professional services association in putative class action for fraud and unfair competition in its dispute resolution program. Obtained dismissal of the class action allegations on the pleadings, which was affirmed on appeal.
- Participation in the representation of a small, publicly traded medical device manufacturer who sued its exclusive distributor for fraud and breach of contract. After defeating a motion for summary judgment, the action was settled for payment to client in the amount of $9.75 million.
Memberships & Activities
- National Association for Business Economics
- Los Angeles Chapter, President (2004 - 2005); Director (2003 - 2008)
- American Bar Association
- State Bar of California
- Los Angeles County Bar Association
Rankings and recognitions
- Legal 500 US, recommended lawyer, Antitrust: Cartel, The Legal 500, 2015
- Legal 500 US, recommended lawyer, Energy - litigation, The Legal 500, 2016
"Unfair Business Practices: 2003 Developments," Orange County Bar Association, Corporate Counsel Section, February 2004
"Unfair Business Practices: Is There any End to the Insanity," Orange County Bar Association, Corporate Counsel Section, November 2002
"Developments in Antitrust Law," Los Angeles Daily Journal's Roundtable Panel Discussion, May 2002
Co-author, "2012 Developments in Summary Judgments and Rule 12(b)(6) Motions in Antitrust Law," Annual Review of 2012 Antitrust Law Developments (American Bar Association Antitrust Section), May 2013.
Co-author, "California Supreme Court Clarifies Statute of Limitations For Unfair Business Practices," Fulbright Briefing, January 28, 2013
Co-author, "Ninth Circuit Tightens Standards for Certifying Nationwide Consumer Class Actions Applying California Law," Fulbright Briefing, January 19, 2012
Co-author, "Consumer Actions and Fraud/Reliance-Based Torts," A Practitioner's Guide to Class Actions (American Bar Association), pending
"The Filed Rate Doctrine as Applied to Alleged Manipulation in the Wholesale Natural Gas Market: A Defense Perspective," The Antitrust Source (American Bar Association Antitrust Section), September 2005
- California State Bar License
In addition to being an avid Duke basketball fan and loving to play golf, Josh also enjoys reading about current events and politics.
The Ninth Circuit has held that, because a complaint was “indeterminate” with respect to allegations of the parties’ citizenship and the amount in controversy, a def.
July 01, 2013
Resolving a split between California appellate and federal courts, the California Supreme Court, in Aryeh v. Canon Bus. Sols., Inc., Case No. 8184929 (J....
January 28, 2013