Joshua Fleming

Litigator-informed risk assessment and management

Josh Fleming is an experienced trial lawyer and legal counselor who leverages his experience as a litigator and his extensive knowledge of client businesses to advise clients on the commercial risks they face, risk avoidance as well as litigation prevention strategies. His practical, business-minded counsel extends to a variety of areas, including:

• Contract disputes
• Relationship terminations and related litigation, including distributor terminations
• Restrictive covenant enforcement and defense, including drafting covenants
• Risks associated with acquisitions
• Trade secrets and unfair trade practices
• Regulatory compliance and enforcement
• Product liability defense and due diligence

When litigation is necessary, Josh always works with an eye to providing efficient, cost-effective and aggressive representation. He has represented clients around the country in both state and federal courts and at the appellate level.

• Advising on the risks associated with restrictive covenants, enforcing a client’s covenants and defending clients (and affiliates) following a competitive hire.
• Advising on the unique risks faced by product manufacturers and distributors during due diligence for transactions and when issues arise involving product performance or possible injury-causing events.

• As national product liability counsel, managing a team of lawyers representing a client across the country against claims and lawsuits allegedly arising from the use of the client’s products.