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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

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In his trial work, Josh has tried nearly a dozen cases to verdict. For his plaintiff clients, he has secured multimillion-dollar verdicts and settlements. For his defense clients, he has obtained full-defense victories, including against plaintiffs seeking over a billion dollars in damages.

In his appellate work, Josh has served as lead appellate counsel in numerous matters before the U.S. Courts of Appeals for the Fifth and Federal Circuits and appellate courts across Texas, including the Supreme Court of Texas. His appellate experience extends to assisting plaintiffs and defendants in developing effective legal strategies in trial courts that have achieved real results, such as preliminary injunctions, dismissal of entire actions or securing and preserving substantial verdicts.

core/freeform

J.D., University of Utah S.J. Quinney College of Law, 2007

B.A., History, University of Utah, 2002

<ul>
<li>The Best Lawyers in America® (2024 to 2025)
<ul>
<li>Texas: Appellate Practice</li>
</ul>
</li>
<li>Texas Super Lawyers
<ul>
<li>&#8220;Super Lawyer&#8221; (2019 to 2024)</li>
<li>&#8220;Rising Star&#8221; (2014 to 2018)</li>
</ul>
</li>
<li>D Magazine: Best Lawyers for Business Litigation (2016)</li>
</ul>

Dallas

BakerHostetler Adds Pair of Prominent Dallas Trial Attorneys to Its Labor and Employment and Litigation Practice Groups

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Media and Telecommunications

Trial Level
<ul>
<li>(N.D. Tex. – Dallas) Assisted in obtaining summary judgment against claims of patent infringement &#8211; pre-Markman &#8211; for Dallas-based client and with very little discovery being taken.</li>
<li>(N.D. Tex. – Dallas) Obtained dismissal with prejudice on behalf of global media client against claims of defamation and invasion of privacy arising out of client’s streaming of a documentary in which the plaintiff’s picture appeared.</li>
<li>(E.D. Tex. – Lufkin/Beaumont) Served as lead counsel and obtained a preliminary injunction for a global media client against a local district attorney who pursued bad-faith criminal charges against the company for streaming a controversial film.</li>
<li>(Tex. Dist. – Dallas Cnty) Obtained a take nothing jury verdict on behalf of a global real estate investment firm and its principals in defense of breach contract and breach of fiduciary duty claims seeking $1.2 billion in damages following a five-week trial.</li>
<li>(E.D. Tex. – Texarkana) Obtained order granting global media client and comic book author’s motion to dismiss all copyright infringement claims, which resulted in case being voluntarily dismissed with prejudice.</li>
<li>(E.D. Tex. &#8211; Texarkana) Served as lead trial counsel in patent infringement case resulting in judgment in client’s favor on all issues.</li>
<li>(M.D. Tenn.) Led the pursuit of trade-secret misappropriation claims on behalf of a bankruptcy trustee against a large payment processing company, resulting in a publicly disclosed $9 million settlement for the bankruptcy trustee on the eve of trial.</li>
<li>(W.D. Tex.) Obtained a take nothing jury verdict on behalf of a national non-profit company and its CEO in defense of antitrust conspiracy and tortious interference claims seeking in excess of $224 million following a three-week trial.</li>
<li>(Tex. Dist, – Bowie County) Obtained a take nothing jury verdict on behalf of a global synthetic turf manufacturer on three of four claims asserted by a local school district, the fourth of which was reversed, and judgment was rendered on the client’s behalf following appeal.</li>
<li>(Tex. Dist, – Comal County) Obtained a take nothing jury verdict on behalf of a global synthetic turf manufacturer on four of five claims asserted by a local school district, including a fraud claim with collateral estoppel implications for a then-pending class action lawsuit. The fifth claim was reversed and rendered following the client’s successful appeal of the judgment on that claim.</li>
</ul>
Appeal
<ul>
<li>(Tex. App.—Dallas) Served as appellate counsel for global media client sued by more than 20 Texas cities and municipalities for more than $1 billion in franchise taxes and helped the client secure mandamus relief that resulted in the trial court entering a final judgment in the client’s favor.</li>
<li>(5th Cir.) Briefed and argued global media client’s defense of the district court’s order enjoining a Texas district attorney from pursuing bad-faith criminal charges against the client in state court, resulting in a unanimous decision affirming the injunction.</li>
<li>(Tex. App.—Dallas) Assisted in briefing and argued appeal for a real estate investment trust harmed in a short-and-distort scheme, resulting in reversal of trial court’s order granting the defendants summary judgment.</li>
<li>(Tex. App.—Dallas) Briefed and argued appeal of trial court’s order denying public health client’s motion to dismiss on governmental immunity grounds, resulting in a rendered judgment in client’s favor.</li>
<li>(U.S.) Represented a public health client in successfully opposing a high-profile and highly publicized petition for certiorari on whether a single use of the “n-word” violates Title VII resulting in petition’s denial.</li>
<li>(Tex.) Briefed and argued petition for review and brief on the merits on behalf of a global synthetic turf manufacturer seeking reversal of the court of appeal’s judgment requiring client to endure a new trial on local school district’s breach of warranty claims, resulting in the court of appeals’ judgment being vacated and remanded.</li>
<li>(Tex. App.—Texarkana) After obtaining reversal of court of appeals judgment from the Supreme Court of Texas, secured a rendered take-nothing judgment in the client’s favor on remand.</li>
<li>(Tex. Dist.—Amarillo) Briefed and argued appeal seeking rendered judgment on local school district’s breach of warranty claims against global synthetic turf manufacturer, resulting in entry of a take-nothing judgment in client’s favor.</li>
<li>(5th Cir.) Assisted a national non-profit company and its CEO in briefing and defending full defense verdict on appeal resulting in affirmance of the district court’s judgment and the recovery of more than $90,000 in costs.</li>
<li>(5th Cir.) Briefed and argued appeal of district court’s order denying public health clients qualified immunity and secured decision rendered judgment in their favor.</li>
</ul>

Joshua J. Bennett

Joshua J. Bennett

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