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Josh Berman is a trial lawyer who focuses on complex commercial litigation. Josh successfully represents a spectrum of businesses from technology start-ups to Fortune 500 companies, including private equity firms, investment banks and other financial institutions. He has strong relationships with technology-focused clients, among others, providing advice on some of their most complex business and legal challenges.
Josh has a strong track record in all areas of complex civil litigation, including commercial and intellectual property disputes. His experience includes high-stakes litigation arising out of broken deals, earn-out disputes, shareholder claims, licensing matters, and false advertising claims. Josh also defends clients in patent, copyright and trade secrets disputes. He applies business vision and innovative strategies to disputes, often involving novel questions of law with far-reaching implications, in order to achieve the best possible outcomes for his clients.
Josh served as a law clerk to the Honorable Rosemary Barkett, United States Court of Appeals for the 11th Circuit, in Miami, Florida from 2001 to 2002.
Represented a mobile app-based, on-demand transportation network company in the defense of a suit brought by New York black-car services alleging the company unfairly dominates the New York City ground transportation market through false advertising claims under the Lanham Act, and other violations; secured a complete dismissal.*
Represented the procurement subsidiary of a telecommunications company in the defense of a lawsuit filed in the New York Commercial Division alleging misappropriation of trade secrets, among other claims.*
Represent a Japanese chemical company in a contract dispute against a biotechnology company in the Southern District of California.*
Represented a marketing technology products company in the defense of a suit filed in the Southern District of New York alleging infringement of online advertising software copyright and claims under the Digital Millennium Copyright Act.*
Represented an international designer apparel company in the defense of a patent dispute filed in the Southern District of New York claiming infringement of a touchscreen gloves patent; secured dismissal.*
*Matters prior to joining White & Case.