JOSH ANDERSON has extensive experience handling the defense of class actions, appeals and complex, multi-party litigation in federal and state trial and appellate courts. With a passion for providing creative solutions to complicated legal issues, Josh has substantial experience in the areas of insurance, life sciences, pharmaceuticals and consumer fraud. His recent victories include:
- Obtaining dismissal with prejudice of RICO claims in a putative nationwide class action alleging that a financial services company conspired to rig a robo-adviser-type asset allocation product to choose only investment options that provided revenue sharing payments the company.
- Obtaining dismissal with prejudice of consumer fraud and other statutory claims in a putative nationwide class action alleging that a life insurance company engaged in deception related to the marketing of certain life insurance products.
- Obtaining denial of class certification in a putative nationwide class action alleging that a pharmaceutical company deceptively marketed a savings card program for a prescription drug.
- Obtaining denial of class certification in a putative nationwide ERISA class action challenging a life insurance company’s receipt of revenue sharing payments from third-party mutual funds.
- Obtaining summary judgment, affirmed on appeal, with respect to the claims of a certified nationwide class in an ERISA action challenging the amount of profit a life insurance company receives from a stable value investment product it offers to 401(k) plans.
- Obtaining dismissal with prejudice of product liability claims in an action challenging the safety of prescription medications used to treat HIV.
- Obtaining a $104 million judgment for a pharmaceutical company in a Hatch-Waxman patent infringement lawsuit following a three-week bench trial, more than $98 million of which was affirmed on appeal by the Federal Circuit.
- Obtaining $118 million judgment for a Korean automobile manufacturer after a four-day bench trial before a bankruptcy court, which was affirmed on appeal by the district court and the Ninth Circuit.
- Obtaining voluntary dismissal of two administrative proceedings brought by the California Department of Insurance (CDOI) against a broker-dealer involving alleged California Insurance Code violations that the CDOI contended warranted revoking or suspending the company’s license to sell insurance products in the State of California.
Josh’s litigation and relationship skills have earned him recognition from clients and peers. He has been recognized in The Best Lawyers in America (2020 – 2021). In 2017, he was named one of the BTI Client Service All-Stars, an elite group of lawyers whom world-leading corporate counsel recognize as client service leaders.
Josh’s cases and victories have been reported in The American Lawyer, The National Law Journal, Law360 and the Drug and Device Law blog. For example, the federal district court’s judgment in AstraZeneca AB v. Apotex Corp., 985 F. Supp. 2d 452 (S.D.N.Y. 2013), was described in Law 360’s article naming the firm number two on its list of Litigation Powerhouses for 2016 and in The National Law Journal’s article naming the firm to its 2014 Intellectual Property Hot List.