Skip to Main Content
Overview

Clients look to Josh – a seasoned litigator – for class-action defense and representation on other complex financial and real estate matters nationwide.

Josh concentrates his practice on class action defense, auto insurance risk and coverage matters, antitrust issues, construction, public procurement law and other complex litigation. He has served as lead counsel for numerous multi-million dollar cases before state and federal courts, and on public bid protests before local, state and federal agencies. He also routinely guides clients in private mediation and arbitration.

His class action and insurance-related defense experience includes defending companies against alleged violations of federal antitrust and Racketeer Influenced and Corrupt Organizations Act (RICO) statutes, as well as defending against claims brought under state statutes related to personal injury protection (PIP) and uninsured motorist (UIM) coverage and common law across the country. Josh’s focus on public procurement involves client public bid procedures, bid protests and contract administration primarily with state and local government entities in Arizona and New Mexico. Josh has also worked with the Arizona Department of Administration in addressing proposed changes to Arizona’s Administrative Code.

In addition, construction owners, developers, general contractors, subcontractors, suppliers, design professionals, insurance companies and lenders rely on Josh’s guidance through negotiation, litigation, arbitration and mediation involving public and private projects. Josh has represented companies in preparing construction claims, calculation and proof of damages, surety rights, lien and bond claims, licensing and registration requirements, architect and engineer liability, and administrative law. No matter the client or issue, Josh believes in an aggressive but appropriate defense with business goals in mind.


Industry

Services

Recognition

  • The Best Lawyers in America, Construction Law, Construction Litigation, 2015-2020
  • Arizona's Finest Lawyers Foundation

Education

  • J.D., Georgetown University Law Center
    • cum laude
  • B.A., University of Arizona

Admissions

  • Arizona
  • New Mexico
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, District of Arizona
  • U.S. District Court, District of New Mexico

Professional Associations and Memberships

  • Arizona Capital Representation Project, Member, Board of Directors, Finance Committee Chair, 2012-present
  • Forum on Construction, 2010-present
  • American Bar Association, 1998-present
  • Arizona Town Hall, 2000-2010
  • Arizona Contractors Association, Corporate Counsel, 2010-2013

Clerkships

  • The Hon. Sheldon Weisberg, Arizona Court of Appeals
Experience
  • Represented a large national automobile insurer in $3 billion nationwide consumer class action alleging breach of contract. Defeated class certification and obtained dismissal.
  • Successfully represented owner of $180 million development deal in defending against claims from former member of LLC seeking temporary restraining order and permanent injunction.
  • Defended large automobile insurer in $3 million claim in federal court in claims related to steering, breach of contract and bad faith. Obtained summary judgment dismissing all claims.
  • Successfully defended large automobile insurer on multi-million dollar class action claim in federal court on breach of contract claim. Won summary judgment on all claims.
  • Successfully represented nonprofit entity in lawsuit for breach of contract against the state of Arizona. Received judgment in excess of $18 million at trial.
  • Represented multiple software providers in successful bid protest related to various state procurement contracts.
  • Successfully prosecuted and/or defended multiple bid protests and administrative proceedings in state and local government proceedings in both Arizona and New Mexico.
  • Successfully defended multiple claims against automobile insurer related to alleged breach of contract and/or bad faith.
  • Represented multiple contractors and subcontractors in pursuing claims under Arizona's Prompt Payment, Bond and Lien laws.
  • Successfully represented large rental vehicle company in challenging inappropriate state tax audit in administrative proceeding.
Thought Leadership
Blog Posts
View all
Outside the Office

Josh plays tennis and golf, “not particularly well.” He also coaches his two children, a son and a daughter, in several sports. And he’s trying really hard to learn a new a language: teenage girl, soon to be followed by teenage boy.

Community Leadership
  • Arizona Hugh O’Brian Youth (HOBY) Leadership, Board of Directors, 1998-2003; President, 2004-2007; Vice President, 2008-2010; Board of Advisors, 2011-present
  • Special Olympics Advocacy Resource Council, Leadership Council, 2011-2013
  • University of Arizona Maricopa County Alumni Association, Board of Directors, 2012-2014
  • Suns Charities 88, 2017-present
  • Valley Leadership Class 35, 2014-present