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Joshua S. Johnson
Joshua S. Johnson
Counsel — Appellate
Counsel — Appellate

Joshua S. Johnson

Joshua S. Johnson

2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037

Joshua S. Johnson

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.); (D.Mass.) – Secured and successfully defended on appeal district court order holding that Natural Gas Act preempted 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

  • (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


  • 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)
  • 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
  • The National Law Journal, D.C. Rising Star, 2020
  • Legal 500 U.S., Dispute Resolution: Appellate, 2020 and 2021
  • 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
  • District of Columbia
  • Texas
  • Virginia