Clients turn to Josh to win the highest stakes appeals, including
appeals in cases that threaten the very survival of a business. He represented
DISH Network in one of the most high-profile patent appeals in the country,
successfully overturning an infringement finding that yielded $400 million in
damages and an injunction that ordered the satellite TV company to turn off the
recording capabilities of millions of customers. He represented Facebook in the
high-profile battle waged by the founder's Harvard classmates who have laid
claim to the idea for Facebook, recently winning a ruling from the Ninth Circuit to end the lawsuit. He represented Apple in the "smartphone wars" in an appeal
about the validity of the patent on Apple's revolutionary touchscreen.
In 2005, he successfully represented Merck KGaA in a Supreme Court case that
the National Law Journal described as
“the most significant patent infringement case to confront the biotech and
pharmaceutical industries in a generation.” He represented 36 law schools in a
high-profile Supreme Court case against the Department of Defense. He also
argued and won a case that many consider to be the most important employee
benefits case of the decade. And in March 2013, he won a landmark victory in a
Supreme Court case that rescued the estimated $60 billion U.S. market of
copyrighted goods manufactured abroad.
Josh was the founding president and CEO of the Brennan Center for
Justice at New York University School of Law, one of the country’s foremost
public interest firms. Over the course of eight years, he was the Brennan
Center’s chief strategist on litigation and public policy advocacy. Under his
direction, the center represented parties in connection with more than 50 cases
(including three at the U.S. Supreme Court) and filed almost 40 amicus briefs
(including 20 at the U.S. Supreme Court). Before creating the Brennan Center, Josh founded the Office of the Appellate Defender, a public defender
office specializing in criminal appeals in New York state courts.
Josh has published numerous books, monographs, chapters and scholarly articles. He has also authored 18 op-eds or articles in major newspapers and magazines, including The New York Times, The Washington Post, The Los Angeles Time, The Chicago Tribune, The Washington Monthly, The Boston Review, The National Law Journal, and The American Prospect.