For over twenty years, Josh has successfully been solving problems faced by his clients. His litigation practice focuses on complex civil disputes in legal areas such as healthcare, commercial, corporate, and business torts/competition. In addition to his litigation practice in the trial and appellate courts, Josh frequently advises clients on matters concerning healthcare, corporate governance, and competition [i.e. trade secrets and covenants not to compete]. He has repeatedly been recognized in Mountain States Super Lawyers List for Business Litigation; Best Lawyers® The Best Lawyers in America© for Appellate Practice; and Benchmark Litigation – Litigation Stars List for Nevada in the area of General Commercial Litigation.
While Josh’s litigation practice spans many different industries, much of it occurs in the healthcare space. This encompasses disputes involving healthcare-specific issues (e.g. physician privileges/peer review, payor/reimbursement disputes, etc.), business disputes arising in the healthcare setting (e.g. non-competes, partnership disputes, reimbursement disputes, disputes arising from practice acquisitions, etc.), and advising clients on healthcare-related issues (HIPAA, peer review, responding to subpoenas, etc.). Whether litigating his clients’ cases to a successful conclusion, advising them on how to avoid litigation or minimize their exposure, or providing guidance on issues faced in the day-to-day operations of their businesses, Josh keeps his clients’ business interests foremost in mind when developing a strategy to achieve their desired objectives.
- Obtained summary judgment, which was affirmed on appeal, in favor of hospital in a dispute with a physician who asserted a myriad of claims and sought substantial damages arising from the revocation of his privileges.
- Obtained arbitration award and attorneys’ fees in favor of healthcare company in dispute with former executives who unsuccessfully sought more than $50 million in damages for alleged violations of their employment agreements.
- Represented hospital and healthcare company in payment disputes with insurers resulting in favorable settlements.
- Represented clients in preparation and review of physician employment agreements.
- Represented healthcare providers in connection with subpoenas from litigants and governmental entities.
- Advised healthcare providers concerning regulatory and compliance matters, including HIPAA and peer review.
- Tried case on behalf of a cannabis cultivation company and its majority owner in which the plaintiff sought significant damages based upon the alleged breach of agreement to convey to her a percentage of the company, resulting in a unanimous jury verdict in favor of the cannabis company and its majority owner.
- Tried case on behalf of charitable organization in which a donor sought $2.5 million in damages on numerous claims including fraud, breach of contract, breach of the implied covenant of good faith and fair dealing, breach of fiduciary duty, and conversion, resulting in complete victory for the charity on all claims, and zero damages to the donor.
- Tried a case on behalf of a contractor resulting in a verdict and substantial award of attorneys’ fees in favor of the contractor on its breach of contract and mechanic’s lien claims, and the dismissal of a construction-defect based counterclaim against it.
- Second-chaired a jury trial that resulted in a verdict in excess of two million dollars in favor of client arising out of a gaming company’s failure to honor an agreement requiring it to convey stock to the client in return for the client’s services in facilitating an initial public offering.
- Obtained summary judgment and award of significant attorneys’ fees in favor of general partner in a dispute with a limited partner who was seeking millions of dollars in purported damages.
- Represented minority shareholder in “freeze out” action resulting in favorable settlement for minority shareholder.
- Represented minority shareholder in shareholder derivative action resulting in favorable settlement.
- Represented clients in repurchases of minority owners’ interests in entity.
- Represented client in preparation of governance documents including operating agreements, shareholder agreements, and buy-sell agreements.
- Represented client concerning investigation of client’s status in connection with government contracts resulting in no action by governmental entity.
- Advised clients regarding various governance issues including voting, meetings, and removal of directors.
- Advised clients regarding disputes among owners of entities.
- Obtained preliminary injunction (affirmed by the Ninth Circuit) on behalf of healthcare company against former executives who attempted to operate a competing business in violation of their covenants not to compete.
- Defeated attempt by medical practice to enforce a covenant not to compete against nephrologist who left and established new nephrology practice.
- Obtained preliminary injunction on behalf of podiatry practice against formerly employed podiatrist and obtained a substantial award of attorneys’ fees against formerly employed podiatrist for violations of the preliminary injunction.
- Represented property management company in an action filed by plaintiff competitor asserting claims for, among other things, misappropriation of trade secrets, intentional interference with contractual relations, and unfair competition. After defeating plaintiff’s motion for preliminary injunction and obtaining dismissal of the majority of plaintiff’s claims, the plaintiff voluntarily dismissed the entire case.
- Obtained preliminary injunction on behalf of credit card processor against former salesperson for violating covenant not to compete.
- Represented clients accused of misappropriating trade secrets of company for which they formerly worked, resulting in a walk-away settlement shortly after trial began.
- Defeated attempt by purchaser of dental practice to enforce a covenant not to compete against dentist who sold the practice.
- Obtained dismissal of antitrust claims against hospital client.
- Frequently advise clients concerning the protection of their business interests, including drafting documents addressing the same (i.e. covenants not to compete, confidentiality clauses, and confidentiality/trade secret policies).
Prior Professional Experience
- Associate, Lionel Sawyer & Collins (June 1998-July 2003)
Professional and Civic Involvement
- Member, State Bar of Nevada Southern Nevada Disciplinary Board
- Member, Clark County Bar Association
- Member, State Bar of Nevada
- Member, American Bar Association
- Editorial Staff, Nevada Civil Practice Manual (Fifth Edition)
- Mountain States Super Lawyers – Business Litigation
- Best Lawyers® The Best Lawyers in America© – Appellate Practice
- Benchmark Litigation – Litigation Stars, Nevada, General Commercial Litigation
- Author, Covenants Not to Compete and Business Acquisitions: Sound Tax Advice Can Lead to Poor Business Decisions, The Silver State CPA, May 2010.
- University of the Pacific, McGeorge School of Law, with great distinction, Order of the Coif, 1998
- Editor-in-Chief, McGeorge Law Review
- California State University, Sacramento, B.A. magna cum laude, 1995
- State Bar of Nevada
- United States District Court for the District of Nevada
- United States Court of Appeals for the Ninth Circuit