Practice Areas
Joshua P. Gilmore practices in the area of complex commercial litigation, handling matters involving breach of contract, fraud, antitrust and unfair competition, and business torts. His clients include restaurateurs, medical providers and facilities, transportation companies, property management companies, financial services companies, retailers and wholesalers, and small businesses.
Mr. Gilmore also practices in the area of professional responsibility and legal ethics, handling matters involving legal malpractice (plaintiff and defendant), attorney disqualification, lawyer advertising, unauthorized practice of law, and charging and retaining liens, as well as discipline defense for attorneys being investigated by the Office of Bar Counsel and appearing before the Southern Nevada Disciplinary Board of the State Bar of Nevada.
Representative Litigation Matters
- Represented the owners of a group of local gaming taverns in a breach of contract action brought against the buyer of the businesses for failing to close the transaction, which resulted in a favorable settlement for the clients
- Represented popular restaurateurs in a breach of contract and civil conspiracy action brought against the owners and operators of a local hotel and casino over the closing of a restaurant, which resulted in a favorable settlement for the clients
- Represented a medical facility in a breach of contract and deceptive trade practices action brought against a third party insurance carrier for refusing to honor the facility’s medical liens when settling third party casualty claims, which resulted in a favorable settlement for the client
- Represented a transportation company in an antitrust and unfair competition action brought by the owners of multiple gentlemen’s clubs, which resulted in a dismissal of all claims and recovery of attorneys’ fees and costs for the client
- Represented a local municipality in a fraud action brought against a land developer and his representatives over a failed real estate transaction, which resulted in a favorable settlement for the client
- Represented a tenant in a breach of contract action brought against its landlord based on the landlord’s breach of a use restriction in the lease, which resulted in a favorable settlement for the client, including a permanent injunction against the landlord’s intended use of the property and recovery of attorneys’ fees and costs for the client
- Represented a landlord in a breach of contract action brought by its tenant over the tenant’s attempted exercise of an early termination clause in the lease, which resulted in a favorable settlement for the client
- Represented a hospital on appeal from a final judgment in a medical malpractice action, which resulted in an Order from the Nevada Supreme Court affirming the jury’s decision that the client’s actions did not proximately cause the plaintiff’s alleged harm
- Represented a loan modification company in a breach of contract action brought by a third party consultant, which resulted in a favorable settlement for the client
Representative Ethics Matters
- Represented a bankruptcy firm and its partners in a legal malpractice action brought by two of their former clients, which resulted in a dismissal of the claims on summary judgment and award of attorneys’ fees and costs in favor of the clients
- Represented a property management company in a professional negligence action brought against its former counsel for improper conduct occurring during a bench trial in a matter, which resulted in a complete recovery of the client’s damages plus attorneys’ fees and costs
- Represented a commercial litigation firm and three of its members in seeking extraordinary writ relief from the Nevada Supreme Court from an Order disqualifying them as counsel of record in a matter, which resulted in a reversal of the decision
- Represented a solo practitioner in pursuing a charging lien against successor counsel in a personal injury matter and the third party insurance carrier for refusing to honor the client’s lien at the time of settlement of the matter, which resulted in a complete recovery of the client’s damages plus attorneys’ fees and costs
- Represented a suspended personal injury attorney in seeking reinstatement to practice law in Nevada, which resulted in an Order from the Nevada Supreme Court reinstating the attorney to practice law
- Represented a regional, full-service law firm and one of its senior partners in an aiding and abetting breach of fiduciary duty action brought by a minority shareholder of several companies represented by the firm in a complex commercial transaction, which resulted in a favorable settlement for the clients
- Represented two bankruptcy practitioners in formal disciplinary proceedings before the Southern Nevada Disciplinary Board, which resulted in a favorable resolution with Bar Counsel that was unanimously approved by the Nevada Supreme Court
- Represented a commercial litigation attorney at an informal hearing before the Southern Nevada Disciplinary Board, which resulted in a dismissal of the proposed letter of reprimand
- Represented a prominent trial attorney in formal disciplinary proceedings brought before the Southern Nevada Disciplinary Board, which resulted in a dismissal of all charges
Representative Pro Bono Matters
- Represented an elderly tenant in a dispute with her landlord over a broken underground gas pipe, which resulted in a favorable settlement for the client, including payment for the repair plus attorneys’ fees and costs
- Represented a single parent before the Nevada Supreme Court in a family law matter, which resulted in a reversal of the lower Court’s decision awarding primary custody and child support to the other parent
Continuing Legal Education Instruction
- Nevada Legal Ethics for Every Occasion, National Business Institute, December 17, 2015
- Before We Go Any Further, There are Some Things You Should Know, Clark County Bar Association, June 8, 2016
- Legal Ethics: Top Challenges, National Business Institute, December 20, 2017
Publications
- Can I Bill For That?, Communiqué, Clark County Bar Association (December 2017)
Accolades
- Mountain States Super Lawyers, Rising Star, 2013-2017
- Benchmark Litigation, Future Star, 2015-2018
- Nevada Business Magazine Legal Elite, Top Attorney, 2016; Best Up and Coming Attorney, 2015
Educational Background
- William S. Boyd School of Law, University of Nevada, Las Vegas, J.D., summa cum laude, 2009
- Recipient, James E. Rogers Outstanding Scholastic Achievement Award, 2009
- Articles Editor, Nevada Law Journal, 2008-2009
- Author, Murder Felony Is Felony Murder: How the Nevada Supreme Court’s Decision in Nay v. State Reflects the Growing Misconception Surrounding “Afterthought” Robbery, 9 NEV. L.J. 672 (Spring 2009)
- Judicial Extern to the Honorable Justice Michael L. Douglas, Nevada Supreme Court (Jan. 2008 – Apr. 2008)
- Tulane University, B.S., cum laude, 2006
Professional and Civic Involvement
- Member, State Bar of Nevada
- Member, Clark County Bar Association
Bar / Court Admissions
- State Bar of Nevada
- United States District Court for the District of Nevada
- United States Court of Appeal for the Ninth Circuit