Josh has been named American Lawyer's “Litigator of the Year” twice, in addition to being a finalist for 2022 and 2025. In 2012, the magazine dubbed him “the Defibrillator” based on his streak of appellate wins for companies that “appeared to be at death’s door,” and in 2017 it declared, he “still deserves the moniker we once gave him.”
In 2014, The Financial Times named Josh one of the 10 most innovative lawyers in the North American legal sector for his work “demystify[ing] the technical issues” and securing a victory in the blockbuster Federal Circuit appeal, Oracle v. Google. Chambers USA has reported, “He wins accolades for his ‘brilliant analysis and judgment.’ Clients appreciate how he ‘rethinks every case from the ground up,’ and add: ‘He can take the most complicated legal or technological issue and present it in a way that seems like common sense.’” Another edition of Chambers USA added: “‘His briefs are quite simply beautiful,’” and “clients describe his courtroom presence as ‘both commanding and accessible at the same time.’ He has the ‘perfect combination of persuasiveness, intelligence, wit, and deference.’”
Josh's practice covers a wide range of subjects, including intellectual property, financial services, securities, privacy, antitrust, federal preemption, insurance law, corporate governance, criminal law, and constitutional litigation. Among his recent clients are Cisco, Credit Suisse, Cox Communications, DISH Network, Genentech, Gilead, Johnson & Johnson, JPMorgan Chase, Microsoft, Mozilla, Oracle, Sonos, and Royal Bank of Scotland.
Clients turn to Josh to win the highest stakes appeals, including appeals in cases that threaten the very survival of a business. For example:
He represented Microsoft in an international cause célèbre in the U.S. Supreme Court challenging the U.S. Government’s claim that it can serve warrants for emails stored overseas.
He represented DISH Network in one of the most high-profile patent appeals in the country, successfully overturning an injunction that threatened the company's life.
He has been lead counsel in multiple cases either defending or challenging verdicts over $1 billion.
He represented Facebook in the high-profile battle waged by the founder's Harvard classmates, the Winklevoss twins, who laid claim to the idea for Facebook, winning a ruling from the Ninth Circuit to end the lawsuit.
He won a landmark victory in a Supreme Court case that rescued the estimated $60 billion U.S. market of copyrighted goods manufactured abroad.
He represented 36 law schools in a high-profile Supreme Court case against the Department of Defense.
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. Before that, Josh founded the Office of the Appellate Defender, a public defender office specializing in criminal appeals.
Erica draws on deep experience in legal ethics and litigation. She served as Staff Attorney with the New York State Commission on Judicial Conduct, where she investigated and prosecuted judges for ethical violations. Prior to joining Orrick, she was Deputy General Counsel at Foley & Lardner, advising the firm on complex legal ethics, regulatory, compliance, procurement, and other professional responsibility and risk management issues. She began her private practice career as a litigator at Morvillo, Abramowitz and Gibson, Dunn.
Erica clerked for the Hon. Peter K. Leisure of the U.S. District Court for the Southern District of New York and was an Adjunct Professor of Legal Writing & Research at Fordham University School of Law.
As Chief Practice Officer of the Strategic Advisory & Government Enforcement Business Unit, which encompasses attorneys with litigation, regulatory, transactional and legislative policy backgrounds in 18 Orrick global markets, Amy advises on the strategic planning, operation and management of the Unit. Her responsibilities include oversight of the Unit's financial performance, advancement of the Unit’s strategic initiatives, business planning and execution.
Amy's practice focuses on the representation of public companies, directors and officers in securities class actions, SEC and DOJ investigations and enforcement actions and shareholder derivative actions. She has extensive experience in litigation involving compliance breaches of fiduciary duty and securities law violations, and she has conducted dozens of corporate investigations of all types all over the world.
Amy has represented the following companies and/or individuals associated with the following companies: McKesson Corporation, Brocade Communications Systems, Inc. and Olympus Corporation.
He represents venture-backed companies, private equity sponsors and their portfolio companies, public companies, and lenders, in a wide variety of financing transactions, across the capital structure and in a range of industries. He has significant experience advising on venture debt transactions, acquisition financings, recapitalizations and restructurings.
Aviva has experience in governmental and exempt facility bonds, including general governmental facilities, 501(c)(3) bonds, tobacco asset securitizations, capital funds financing, arbitrage and post-issuance compliance relating to private use issues.
Prior to joining Orrick, she was a docket attorney at the Internal Revenue Service Office of Chief Counsel where she drafted regulations, notices and private letter rulings.
Daniel advises private equity clients and other investors in all aspects of their real estate, real estate finance, and related matters, including purchase and sale transactions, development, mortgage and mezzanine financing, preferred equity arrangements, workouts, restructuring transactions, and joint venture formations.
He counsels clients on transactions backed by diverse asset classes throughout the United States, including multifamily, office, industrial, shopping center, data center, and hotel properties, as well as land for development.
Judith advises French and international banks, financial institutions, funds and corporates on both cross-border and domestic financing transactions. Judith has significant experience in structured finance, securitisation, covered bonds and asset-based financing transactions.
Prior to joining Orrick, Judith was an associate for two years in the Banking & Finance department of Freshfields Bruckhaus Deringer and for five years in the Securization department of Gide Loyrette Nouel.
Please do not include any confidential, secret or otherwise sensitive information concerning any potential or actual legal matter in this e-mail message. Unsolicited e-mails do not create an attorney-client relationship and confidential or secret information included in such e-mails cannot be protected from disclosure. Orrick does not have a duty or a legal obligation to keep confidential any information that you provide to us. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.
By clicking "OK" below, you understand and agree that Orrick will have no duty to keep confidential any information you provide.