AWARDS & RECOGNITIONS

Josh has been repeatedly recognized by various trade publications and legal directories for his accomplishments. The Daily Journal recognized Josh as a “Top White Collar Lawyer” in California in 2022 and 2023, and previously named him one of the “Top 20 Lawyers Under 40” in California. He has been ranked by Chambers USA in the Litigation: White-Collar Crime & Government Investigations (CA) category since 2018, with Chambers most recently recognizing Josh for his “strong capabilities in antitrust, FCA and securities matters.” The Legal 500 US has recognized Josh in the Corporate Investigations and White-Collar Criminal Defense categories, Best Lawyers lists Josh as a leading lawyer in the Criminal Defense: White Collar (CA), Litigation-Regulatory Enforcement (CA) and Litigation-Securities (CA) categories. Josh was also named to Lawdragon’s 2025 “500 Leading Litigators in America” and “500 Leading Global Entertainment, Sports & Media Lawyers” guides.

EXPERIENCE

For more than two decades, Josh has represented clients across technology, energy, healthcare, sports, and asset management industries on a diverse range of government and internal investigations and complex litigations. 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.

WHITE COLLAR & REGULATORY DEFENSE

Josh has represented both corporations and individuals in numerous high-stakes regulatory and white collar enforcement matters throughout his career, including some of the most significant matters in Northern California in recent years. Josh’s representations include:

• Waste management company Recology in negotiating a deferred prosecution agreement with the U.S. Attorney’s Office for the Northern District of California following a USAO investigation into alleged bribery involving the former head of San Francisco’s public works department. Prior to the DOJ settlement, he helped negotiate the settlement of a consumer protection action brought by the San Francisco City Attorney unrelated to the bribery allegations.
• Pacific Gas & Electric as special regulatory counsel in resolving investigations and enforcement proceedings by the Safety and Enforcement Division of the California Public Utilities Commission (CPUC) related to wildfires in 2017 and 2018. He previously represented PG&E in a CPUC enforcement proceeding concerning natural gas distribution pipelines, including a trial-like evidentiary hearing before an administrative law judge.
• Amazon in litigation by the Attorney General for the District of Columbia claiming unfair practices related to a prior multimillion-dollar settlement Amazon entered into with the FTC.
• A former executive of multiple generics pharmaceutical companies in a DOJ Antitrust Division criminal investigation and parallel state attorneys general civil antitrust investigation concerning an alleged conspiracy to fix the prices of several generic pharmaceutical products, helping to negotiate a non-prosecution agreement with the DOJ and a favorable settlement with the Connecticut AG.
• One of the largest energy companies in the U.S. in an internal review of allegations regarding its primary subsidiary and the subsidiary’s relationship with a political consulting firm and its political spending, as well as in related securities litigation.
• A private equity firm in a DOJ False Claims Act investigation related to his client’s investments in a number of physician-owned medical practices. He successfully convinced the DOJ to decline to intervene in the qui tam case, which was later dismissed, in a complete victory for his client.
• A for-profit university in a DOJ False Claims Act investigation based on the novel theory that ITU defrauded the government of work visa fees, ultimately negotiating a global settlement with the government.
• The president of a construction company at trial in a multimillion-dollar criminal tax indictment in the Northern District of California.
• A leading technology company in connection with restitution and related claims arising out of the federal government’s prosecution of a former employee.
• A global restaurant franchise in an internal investigation regarding whistleblower allegations of potential FCPA violations and customs fraud.
• 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 the dismissal of the whistleblower complaint.
• A leading pharmaceutical manufacturer in parallel DOJ criminal and civil investigations related to allegations of false and misleading promotion practices.
• A real estate executive in a government prosecution alleging fraud related to a failed real estate development, in which the government voluntarily dismissed the federal indictment on the eve of trial. After re-indictment, Josh prevailed on the motion to dismiss, resulting in the government’s decision to abandon the prosecution.
• A publicly traded biotech company in a DOJ securities fraud investigation concerning the company’s public statements regarding its lead drug in development.
• An investment company in a multi-state attorneys general antitrust and consumer protection investigation focused on consolidation in a nascent industry.
• A senior manufacturing executive in connection with a DOJ antitrust price-fixing investigation.

LITIGATION

Josh has significant experience representing clients in securities class action and derivative litigations, complex consumer class actions, antitrust litigations, AAA and JAMS arbitrations, and matters brought under the False Claims Act. His representations include:

• Intuitive Surgical, Inc. in securing a complete defense victory at trial in the Northern District of California in a high-stakes antitrust suit brought by Surgical Instrument Service Company, Inc. (SIS) alleging that Intuitive illegally tied the sale and service of its da Vinci surgical robots to the purchase of its EndoWrist Instruments.
• Pactiv Evergreen in the favorable resolutions of a Delaware Court of Chancery litigation regarding a counterparty’s failure to close on the sale of a paper mill and a parallel state court litigation against the North Carolina Department of Commerce regarding the closure of the paper mill.
• Portola Pharmaceuticals and certain executives in the successful resolution of a securities class action alleging that the company made misrepresentations and omissions about its lead drug, Andexxa.
• Kirkland Lake Gold and its former CEO, in defeating class certification and winning summary judgment in an SDNY securities fraud class action arising from alleged misrepresentations about its strategy for future acquisitions of gold mining companies.
• NextEra Energy in the dismissal, with prejudice, of a federal securities class action alleging that the company made false and misleading statements in connection with the legal and reputational risks arising from the political activity of its subsidiary Florida Power and Light a federal securities class action, and in related derivative litigation.
• Citigroup in multiple state qui tam lawsuits and a related putative antitrust class action claiming that Citi and co-defendants defrauded several states’ municipal VRDO issuers—with Josh and the Paul, Weiss team negotiating a settlement with the state of Illinois in July 2023 on the eve of trial.
• 17 financial institutions in a securities class action against generic drug maker Valeant Pharmaceuticals, for which the financial institutions were initial purchasers of $15 billion of senior notes issued in Rule 144A private placements as well as underwriters of a secondary offering of common stock.
• US Oncology in the dismissal of False Claims Act whistleblower litigation alleging that US Oncology conspired to accept kickbacks in exchange for the use of a pharmaceutical drug.
• The outside directors of Amplify Energy in various complex, high-stakes matters and litigation related to the 2021 California oil spill associated with its offshore.
• Virtu Financial in a lawsuit brought against a former senior executive seeking a preliminary injunction preventing the former employee from joining a competitor in violation of a noncompete agreement.
• The Golden State Warriors in several matters, including in AAA arbitration against the Oakland-Alameda County Coliseum Authority related to the lease to Oracle Arena.
• The former executive director of the National Basketball Players Association in the favorable settlement of a breach of contract litigation against the NBA players’ union.
• The special committee of the board of directors of Black Girls Code in a high-profile suit brought by the organization’s former executive director in California state court related to her suspension with pay from her position as CEO pending an investigation into her workplace conduct and termination from the organization.
• A major corporation in a series of high-value confidential arbitrations with an entity spun-off from the corporation concerning contractual agreements that governed the parties ongoing obligations to one another and their joint clients.
• A large technology company in several high-stakes consumer class actions, including an action alleging violations of California’s unfair competition law, which settled on favorable terms; an action alleging violations of unfair business practice and false advertising laws, in which Josh successfully argued to deny class certification; and an action alleging violations of the California Song-Beverly Credit Card Act in connection with the collection of consumer data.
• 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.

CRISIS MANAGEMENT & INTERNAL INVESTIGATIONS

Josh also maintains a unique and impactful practice advising major corporations and other clients in workplace crisis response matters and is also called upon regularly to handle highly sensitive internal investigations. He has recently represented:

• A major university system in an independent investigation into allegations of abusive conduct by senior members of the community.
• A prestigious dance company in an independent investigation into allegations of sexual harassment and assault involving dance company members.
• The board of directors of a private university in an internal investigation concerning employee allegations of leadership misconduct.
• An energy company in an investigation related to allegations of CEO favoritism and misspending in the workplace.
• A private equity firm in an investigation related to accusations of workplace misconduct and harassment.
• UPS in multiple matters, including in the dismissal with prejudice of all claims in a wrongful-death litigation arising out of a multiple-casualty workplace shooting, and in the settlement of a lawsuit under California’s Unruh Civil Rights Act alleging sexual harassment violations.
• A global corporation and its U.S.-based subsidiary in conducting an internal investigation following a shooting that occurred at the subsidiary’s facility.
• A prominent cultural institution in conducting an internal investigation concerning a stabbing incident that took place on the institution’s premises.
• A private university in an internal investigation regarding whistleblower allegations related to the administration of federal grants.

Josh previously 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, where he was a Senior Editor of the Yale Law Journal, his M.A. in economics from Johns Hopkins University, and his B.A. in economics from Morehouse College.