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Joshua S. Johnson

Joshua S. Johnson Counsel, Appellate

Josh is an appellate litigator. His practice involves a wide range of civil and criminal matters in the U.S. Supreme Court and federal and state appellate courts, as well as matters in federal trial courts and regulatory and legal counseling.

Before joining the firm, Josh served in the Appellate Section of the U.S. Department of Justice’s Criminal Division, where he participated in briefing cases before the U.S. Supreme Court and argued five cases before the U.S. Courts of Appeals.

Josh served as a law clerk at all three levels of the federal court system. He clerked for Judge Nancy Gertner (District of Massachusetts, 2009–2010), Judge David S. Tatel (D.C. Circuit, 2010–2011), and Justice Ruth Bader Ginsburg (U.S. Supreme Court, 2012–2013).

Josh has also served as an instructor for the University of Virginia School of Law’s Supreme Court Litigation Clinic.

Experience Highlights

  • (U.S.) – Briefed and argued case involving the copyrightability of annotations to a state’s official code
  • (11th Cir.) — Secured affirmance of summary judgment in favor of airline client in putative antitrust class action alleging price-fixing of checked baggage fees 
  • (D.C. Cir.) – Successfully defended award of summary judgment to government contractor in False Claims Act suit 
  • (Va.) — Drafted and presented oral argument in support of a petition for appeal in a government-contracting dispute involving numerous claims, including defamation and misappropriation of trade secrets
  • (D.C. Cir.) – Successfully defended the EPA’s decision not to promulgate financial-responsibility regulations for the hardrock mining industry under the Comprehensive Environmental Response, Compensation, and Liability Act
  • (1st Cir.) – Secured affirmance of district court order holding that federal preemption prevented the application of a municipal ordinance to a federally approved natural gas pipeline compressor station
  • (2d Cir.) – Drafted briefs in appeal from a criminal conviction in a case involving an alleged violation of the International Emergency Economic Powers Act, among other charges 

Additional Experience

  • (Fed. Cir.) – Won vacatur of Armed Services Board of Contract Appeals’ decision rejecting government contractor’s claims of breach of implied duty of good faith and fair dealing and constructive change
  • (D.C. Cir.) — Participated in two successful mandamus proceedings challenging district court orders compelling disclosure of privileged documents created in connection with a corporate internal investigation
  • (2d Cir.) —  Won reversal of $35 million antitrust judgment, successfully arguing that client’s alleged tortious conduct in connection with settlement of patent infringement litigation had not harmed competition
  • (4th Cir.) — Secured affirmance of dismissal of False Claims Act suit
  • (W.D. Tex.) – Obtained dismissal for lack of jurisdiction based on amended legislation that mooted constitutional claims at issue in the case 
  • (5th Cir.) — Drafted an amicus brief supporting challengers of an order certifying a RICO class action
  • (9th Cir.) — Petitioned the Ninth Circuit for review of the EPA’s partial disapproval of Arizona’s regional-haze state implementation plan
  • (5th Cir.) — Petitioned for review of Board of Immigration Appeals orders


Contact Details

Washington

T +1.202.639.6623
F +1.202.879.8934
joshjohnson@velaw.com
2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037
Local time: 3:37 PM
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Josh's Practices

  • Yale Law School, J.D., 2009 (Senior Editor, The Yale Law Journal)
  • Yale University, B.A., Ethics, Politics, & Economics summa cum laude, 2006 (Phi Beta Kappa)
  • Admitted to practice: District of Columbia; Texas; Virginia
    • Law clerk to Associate Justice Ruth Bader Ginsburg, United States Supreme Court, 2012–2013
    • Criminal Division, Appellate Section, U.S. Department of Justice, Washington, D.C., Attorney, 2011–2012
    • Law clerk to The Honorable David S. Tatel, U.S. Court of Appeals for the District of Columbia Circuit, 2010–2011
    • Law clerk to The Honorable Nancy Gertner, U.S. District Court for the District of Massachusetts, 2009–2010
      • Selected to the Washington, D.C. Rising Stars list, Super Lawyers (Thomson Reuters), 2016, 2017, 2019
      • Work recognized in Law360 feature, “Top Gov’t Contracts Cases of 2017: Mid-Year Report”, July 2017
      • Recipient: American Gateways’ Access to Justice Award, 2014
      • Instructor: University of Virginia School of Law Supreme Court Litigation Clinic
      • Member: Edward Coke Appellate Inn of Court