Joshua D. N. Hess focuses his practice on white collar and securities litigation and antitrust matters, with a particular emphasis on internal investigations and the defense of class actions, shareholder litigation, and civil and criminal price-fixing cases. Mr. Hess frequently defends companies, boards and individuals in corporate governance matters and litigations in Delaware courts and nationwide.
Mr. Hess has been recognized by The Legal 500 US as a recommended lawyer for “Dispute Resolution: M&A Litigation Defense”. He has also been recognized by Euromoney Legal Media Group’s Expert Guides as a “Rising Star” in Litigation in 2016 and 2017.
Mr. Hess also frequently represents veterans pro bono in appeals of denial of benefits from the Department of Veterans Affairs before the U.S. Court of Appeals for Veterans Claims. In addition, he was awarded the San Francisco Bar Association’s “Outstanding Volunteer in Public Service” Award in 2012.
- Columbia University, B.A., 1998, cum laude, Surdna Foundation Scholar
- Georgetown University Law Center, J.D., 2001, cum laude, Philip Hart/Ralph J. Gilbert Scholar, Managing Editor of the American Criminal Law Review
- District of Columbia
MEMBERSHIPS : Antitrust, Litigation and International Sections, American Bar Association (ABA)
- Successfully secured dismissal with prejudice of a complaint against one of the largest mutual fund complexes asserting breach of contract and fiduciary breach claims premised on the fund’s purported violation of an investment limit on securities related to “emerging markets.”
- Defended the ten independent directors of Lehman Brothers Holdings Inc. in the multitude of investigations, litigation, and corporate governance matters arising from the collapse of Lehman Brothers in what is the largest bankruptcy in U.S. history.
- Currently defending OppenheimerFunds, Inc., and its senior officers and directors, in multi-billion dollar MDL proceedings brought by investors in seven municipal bond funds that invested in a range of allegedly volatile securities.
- Represented an Independent Committee of Hewlett-Packard Co.’s Board of Directors (which included the Chairman) to represent the Committee in an investigation of certain shareholder derivative claims and demands concerning the termination of HP’s former C.E.O. and the Board’s oversight of various compliance issues.
- Defended a large Taiwanese company in international criminal investigations into price-fixing in the TFT-LCD panel and cathode ray tube (CRT) markets. Also represented the client in the extensive civil litigation that followed.
- Successfully challenged Virginia’s “crimes against nature” statute in habeas corpus petition to the U.S. Court of Appeals for the Fourth Circuit on various grounds, including that the lower courts had erroneously and improperly interpreted the statute to remain valid as applied even in the wake of the U.S. Supreme Court’s decision in Lawrence v. Texas.
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