Joshua Fowkes

ATTORNEY BIO

Joshua Fowkes

	Joshua Fowkes November 11, 2011 Partner Washington, DC 202.857.6217 joshua.fowkes@arentfox.com Josh is a partner in the Litigation Group. His significant versatility enables him to lead a wide variety of complex commercial litigation, particularly contract actions, fraud and other business torts, corporate and partnership disputes, and employment claims. He also has experience defending derivative and class action claims. In addition to litigating disputes, Josh is a trusted business counselor who provides creative solutions to demanding and unique problems. A committed advocate for his clients, Josh has represented entrepreneurs, private companies, and Fortune 500 companies across various industries, including real estate, investment banking, private equity, health care, manufacturing, intellectual property, financial services, food and drug, and government contracting. Josh has led all phases of litigation, including the preparation of initial pleadings, fact development and electronic discovery, engagement of experts, depositions, written and oral motion practice, negotiation of settlement agreements, bench and jury trials, arbitrations, and mediations. He has also authored briefs to several state and federal appellate courts, as well as the United States Supreme Court. Additionally, Josh has also conducted internal investigations on behalf of his clients. As co-chair of Arent Fox's electronic discovery taskforce, Josh has led several presentations on various electronic discovery issues and has served on the editorial board of a prominent electronic discovery publication. Josh has authored and led portions of the following presentations: The Electronic Discovery Amendments to the F.R.C.P.; Ethical Duties When Using Email; Best Practices for E-Discovery; and Navigating the New World of E-Discovery. His knowledge in this emerging practice area enables him to reduce his clients’ discovery costs and efficiently discover information from his adversaries. Client Work Josh has participated in the following significant matters: Successfully defended investment company, real estate partnerships and LLC’s, and officer against direct and purported derivative claims seeking millions of dollars invested in Bernard Madoff Ponzi scheme. Achieved complete dismissal of all thirteen direct and derivative claims; after appellate court affirmed dismissal of all derivative claims and reversed dismissal of handful of direct claims, matter settled favorably. George Wasserman & Janice Wasserman Goldsten Family LLC v. Kay, 197 Md.App. 586, 14 A.3d 1193 (Md. Ct. Spec. App. 2011). First-chaired evidentiary hearing resulting in complete victory as court ruled that Arent Fox’s client, an expert economist, had not violated confidentiality agreement signed as part of a nationwide class action suit. Sullivan v. DB Investments, Inc., 2010 WL 3429576 (D.N.J. Aug. 27, 2010). Obtained complete dismissal of class action antitrust suit raised against investment fund accused of bid-rigging when acquiring public company. Pennsylvania Ave. Funds v. Borey, 569 F.Supp.2d 1126 (W.D. Wash. 2008). Represented hospital in connection with employment and loan forgiveness dispute with its employee; settled in 2008 on favorable terms after mediation. Defended corporate employer and supervisors against sexual harassment claims; case settled in 2007 on favorable terms the day that the trial was scheduled to begin. Obtained dismissal of contract claims, tort claims, and claims under ERISA related to corporation’s termination of executive; affirmed by the DC Circuit. Watts v. Parking Mgmt. Inc., 210 Fed.Appx. 13, 2006 WL 3835764 (D.C. Cir. Dec. 22, 2006). Represented real estate development companies in connection with two different disputes in 2005 and 2007 over sales of large real estate portfolios and claims under partnership agreements. Obtained summary judgment for public company defending claims under ERISA and claims seeking millions under Louisiana’s “bad faith” insurance statute; affirmed by the Fifth Circuit. Bertrand v. ABI Admin. Serv. Corp., 155 Fed.Appx. 120, 2005 WL 3067827 (Nov. 15, 2005). Achieved complete dismissal of lawsuit against environmental technology corporation and its founder related to its license agreement; affirmed by the Sixth Circuit. Mahler v. Startari, 142 Fed.Appx. 839, 2005 WL 1017994 (May 2, 2005). Previous Work Josh joined Arent Fox in 2005 after working at a leading law firm in Cleveland, Ohio. He became partner in January 2012. Bar and Court Admissions District of Columbia Bar Ohio Bar US Court of Appeals, District of Columbia Circuit US Court of Appeals, 6th Circuit US District Court, District of Columbia US District Court, Northern District of Ohio US District Court, Southern District of Ohio Education Vanderbilt University Law School , JD Duke University ( MPP ) Davidson College , BA	Practices Appellate Commercial Litigation Areas of Focus Commercial E-Discovery Real Estate Real Estate Litigation
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