Joshua, Managing Member of the firm’s LA office, is a highly experienced trial lawyer with a national practice. He has received awards and national recognition for his innovative approach to the defense of bet-the-company litigation.
He has represented clients in such industries as financial services, building products, retail, pharmaceuticals, automotive, professional sports, food and beverage, petroleum, chemical manufacturing, health care, high technology, and higher education. He frequently publishes and lectures before national and local bar and industry organizations.
CLASS ACTION DEFENSE
Joshua has served as lead defense counsel on over 300 alleged class actions in state and federal courts across the country.
Privacy Class Actions
Joshua defends clients on TCPA faxing, prerecorded voicemail messages, mobile calls, and text messages. He also defends companies sued for allegedly improper call recording, collecting personal information, fraudulent and/or deceptive charges, negative options, disclosure issues, direct marketing, mobile and electronic commerce platforms, loyalty programs, and other promotions practices.
- Motion to dismiss granted with prejudice (no discovery) in David M. Emanuel v. The Los Angeles Lakers Inc., 13-55678 (CD CA)
- Motion to dismiss granted with prejudice (no discovery) in Shaya Baird v. Sabre Inc., CV-00999-SVW-JPR (CD CA)
- Motion to dismiss granted with prejudice (no discovery) in Noreen Sussino v. Work Out World, Inc., 3:15-cv-05881 (D NJ)
- Motion to dismiss granted in class action in which plaintiff claimed defendant developed an app that secretly tracked users in Pamela Moreno v. San Francisco Bay Area Rapid Transit District, et al., 17-CV-02911-JSC (ND CA)
- Motion for summary judgment granted in class action in which plaintiff claimed defendant unlawfully recorded plaintiff's conversations in Gruber v. Yelp, Inc., CGC 16-554784
Marketing and Advertising Class Actions
Joshua regularly defends class actions alleging that companies or their executives engaged in false or deceptive marketing. These claims often involve allegations that products or services lack adequate substantiation or that companies or individuals have failed to disclose material information. Joshua has successfully defended claims involving allegedly false or deceptive representations related to dietary supplement products, wellness devises, food products, direct marketing businesses, and guarantees and warranties.
- Motion to dismiss granted with prejudice in class action in which the plaintiff claimed the labeling misrepresented the actual ingredients in the product in Lifsey et al. v. Kraft Foods Global Inc., 2-07-CV-D0041 (CD CA)
- Achieved extremely favorable settlement in a class action in which the plaintiff claimed that the defendant falsely represented ingredients in a food product in Starks v. Jimmy John’s LLC, BC501113 (Cal. Sup.)
ADA Website Accessibility Class Actions
Joshua regularly defends retailers, restaurants, financial services firms, and educational institutions against website accessibility claims brought under the ADA, Unruh Act, or state-specific consumer protection statutes across the US.
- Achieved extremely favorable settlements in class actions in which plaintiff claimed defendant's website was inaccessible in Thorne v. Nippon Life Insurance Company of America, 1:18-cv-02361-GHW; DeLa Cruz v. Pacific College of Oriental Medicine, 1:17-cv-08088
Economic Product Defect Class Actions
Joshua has extensive experience defending economic defect class actions alleging that the failure to disclose alleged defects constitutes a violation of various consumer protection and warranty laws, including California’s Consumer Legal Remedies Act, Unfair Competition Law, Proposition 65 and Song Beverly Consumer Warranty Act.
- Achieved extremely favorable settlement in class action in which plaintiff claimed that defendant improperly designed and manufactured Morgan Dollar replicas in Harry Green v. SilverTowne, L.P., SilverTowne Inc., and Leon Hendrickson, 1:15-cv-08703
Securities Class Actions
Joshua represents a wide array of clients in securities litigation. He represents private equity funds, including hedge funds, broker-dealers, underwriters, placement agents and issuers in securities class actions, shareholder derivative actions and takeover defense litigation
- Clarified standards for examining securities investments by ERISA fiduciaries in Quan v. Computer Sciences Corp., 623 F.3d 870 (9th Cir. 2010)
COMPLEX BUSINESS LITIGATION
In addition, Joshua has an active complex business litigation practice, and regularly represents parties in securities, anti-trust, trademark, trade secrets, and copyright actions.
- Reversed the trial court’s granting of the plaintiff’s motion for summary judgment involving client’s trademark in ConsumerInfo.com, Inc. v. Money Management International, Inc., 374 Fed. Appx. 696, 2010 WL 882868 (C.A. 9 March 11, 2010)
COMPLIANCE AND RISK MANAGEMENT
Joshua is well-versed in substantive privacy and marketing laws, regulations, and best practices, and uses his insight to design and implement compliant marketing programs.
Joshua also regularly drafts and amends privacy policies, risk management protocols, and a broad range of data management issues, including cyber and data security, cloud agreements, managing privacy class action risks, trans-national data flows, navigating difficult conflicts between foreign privacy laws and US compliance obligations, regulation of advertising and marketing practices, healthcare and financial privacy, children's and student privacy, privacy regulation of communications media, employee data, records management and responses to government surveillance requests. He has extensive experience with European, Asian and Latin American privacy regimes, and leads global teams on complex international security and privacy matters.
Recognitions & Awards
- Recognized by Los Angeles Business Journal as one of the Most Influential Minority Attorneys in Los Angeles (2018)
- Recognized by Los Angeles Business Journal as one of the Leaders in Law - Attorney Nominees (2017)
- Recommended by The Legal 500 United States for Telecom & Broadcast: Regulatory (2017)
- Included on the Southern California Super Lawyers: Rising Star – Class Action/Mass Torts list (2011 – 2013)
Professional & Community Involvement
- Earlier in his career, Joshua served as an adjunct professor of law, teaching classes on class actions in the United States for the Universidad Panamericana and the Instituto Tecnológico Autónomo de México (ITAM) in Mexico City.
- Fellow, American Bar Foundation
- Fellow, Leadership Council on Legal Diversity
- Past president, Board of Directors, UCLA Law Alumni Association