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Josh regularly guides companies and individuals through complex and challenging disputes. Drawing on his trial and appellate litigation experience, he helps clients creatively resolve disputes and effectively advocate their position. Through his commercial and corporate practice, he regularly represents clients with contract and business disputes and general litigation in a number of industries including real estate, mortgage banking, construction, wholesale insurance brokerage, and emerging businesses. Josh has experience handling TRO and Injunction trials, including ones involving non-compete/non-solicitation agreements, trade secrets, and other business disputes. He also assists clients with regulatory compliance and investigations as well as white collar criminal defense.
Awards & Accreditations
- Advises and advocates for companies and individuals with disputes before regulatory bodies, state and federal court, and in arbitration proceedings.
- Regularly speaks to clients and industry groups on the litigation process, prevalent areas of dispute in their industry, and best practices to minimize risk.
- Significant in-court and briefing experience, appearing in 50 of Alabama’s 67 Circuit Courts and each of Alabama’s federal courts and handling dozens of appeals before state and federal courts.
- Admitted to practice
- US Court of Appeals for the Eleventh Circuit
- US District Court for the Middle District of Alabama
- US District Court for the Southern District of Alabama
- US District Court for the Northern District of Alabama
- Alabama state courts
- US Court of Appeals for the Eleventh Circuit
- Birmingham Bar Association
- Alabama Bar Association
- Defense Research Institute (DRI)
- Trial Tactics Committee
- American Bar Association
- Girls Inc. of Central Alabama’s Committee of 25, who plan the annual Cajun Cook-off (member since 2013; 2016 Cajun Cook-off Event Co-Chair and 2017 Event Chair);
- Phoenix Club of Birmingham, which supports the Boys & Girls Club of Central Alabama (since 2012)
- Young Lawyer’s Section Executive Committee of the Birmingham Bar Association (since 2015, 2015-2016 membership chair)
Cumberland School of Law
- National Trial Team, 2009 & 2010 Regional Winner NTC/TYLA
- Studied abroad at Cambridge University, Summer 2008
- Order of the Barristers & American Board of Trial Advocates Awards
Caruther'sLegal Writing Fellow
University of Mobile
- Honors Program Graduate
- President, Student Government Association
Political Science & Philosophy Double Major
- Advised insurance brokerage in subpoena response and indemnity demand arising from coverage dispute involving multiple wrongful death suits against a prominent technology company
- Regularly advises and advocates temporary restraining order and injunction cases involving non-compete/non-solicitation agreements, trade secrets, and protection of proprietary information
- Lead brief writer and co-writer on multiple appeals successfully defending mortgage banking industry clients
- Advocated for protection of privileged and confidential health records for health provider as amicus curiae (“friend of the court”) in federal district court
- Advocated for plumbing sub-contractor and successfully resolved dispute with general contractor over a large off-campus housing development
- Successfully resolved multiple lawsuits involving contractors and materials suppliers in construction disputes
- Advocated for multiple small and closely held companies against allegations of shareholder squeeze-out and
- Successfully resolved multiple felony and misdemeanor cases on behalf of individual clients, resulting in dismissal or probation
- Regularly advise and advocate for commercial and residential landlords over breach of lease and liability allegations
- "Are we in Agreement? A Refresher on the Basics of Contracts for Commercial Transactions" to the National Association of Credit Management, Credit & Financial Development Division - Birmingham, presentation to be given March 14, 2017.
- Preparing for & Giving a Deposition, interactive client presentation to wholesale insurance brokers, February 2, 2016.
- Preparing Your File for the Attorney & Preparing for a Deposition, presented at the 2015 Credit Workshop, National Association of Credit Management, Credit & Financial Development Division - Birmingham, September 22-23, 2015.
- Author, "Revealing the Mystery of
LitagationHolds, "The Counselor" July 2014
- Author, "Healthcare Authority Not Entitled to Immunity; Separate Arbitration Agreement Enforceable", Alabama Law Weekly Update, March 7, 2014
- Author, "Settlement Agreement Unenforceable; TRO Issued For Possible Violation of Computer Fraud and Abuse Act", Alabama Law Weekly Update, November 8, 2013
- Author, "Knowledge of OSHA Violation Not Imputed to Company; FLSA Claim Barred", Alabama Law Weekly Update, August 2, 2013
- Author, "Are You Overlooking Non-Compete Agreements?," The Counselor, December 2013
- MERS & Assignments of Mortgage: Impacts on Enforcing the Power of Sale in Mortgages, presented at and published by CLE Alabama, What Every Real Estate Lawyer Needs to Know seminar, September 19, 2012
- The Pitfalls and Snares of Foreclosures in Alabama: A View of Foreclosures from Post-Foreclosure
Litagation, presented to the Birmingham Bar Association, September 27, 2013