Branson D. Joshua

Joshua D. Branson

Partner

Office Phone

202.326.7944

Education

  • Harvard Law School, J.D., magna cum laude, 2010
  • Northwestern University, B.S., magna cum laude, 2006
    • National Intercollegiate Debate Champion, 2005; Top Oralist, 2006

Clerkships

  • Law Clerk, Judge Diana Gribbon Motz, U.S. Court of Appeals, Fourth Circuit, 2010-2011

Admitted

  • 2011, Massachusetts
  • 2012, District of Columbia
  • 2023, Supreme Court of the United States

Josh Branson regularly serves as lead counsel in high-stakes trial, appellate, and regulatory matters.  Drawing on skills he honed as a record-setting, national-champion collegiate debater, Josh has successfully represented clients in a range of contentious disputes worth billions of dollars.

Josh is a creative, versatile litigator with a track record of prevailing in trial and appellate courts. He has extensive first-chair experience representing both plaintiffs and defendants, focusing on copyright and DMCA litigation; antitrust matters; terrorism-funding lawsuits; shareholder and investor disputes; and telecommunications matters. He also has significant experience in bankruptcy, securities and foreign exchange, and defamation litigation. Josh has tried multiple cases to judgment, including a nearly billion-dollar interstate-water dispute in the U.S. Supreme Court; served as lead counsel in a multi-billion-dollar copyright dispute that settled on the eve of trial; and has successfully argued both sides of dispositive motions on an array of cutting-edge issues.

At the appellate level, Josh is undefeated in the six U.S. Court of Appeals cases in which he was primary counsel. He also has drafted many additional briefs – including merits, certiorari, and amicus briefs – in the U.S. Supreme Court and the U.S. Courts of Appeals. Those appellate representations spanned a range of topics, including international-comity abstention, antitrust, bankruptcy, whistleblower retaliation, telecommunications, and ERISA. Further, he has advised multiple litigation funders and represented clients in antitrust and other proceedings before the Department of Justice and the Federal Communications Commission.

Josh has been quoted discussing his cases in many prominent media outlets, including the Wall Street Journal, the New York Times, Reuters, and Bloomberg.  In 2022, the American Lawyer named him the national Litigator of the Week for a D.C. Circuit appellate victory in Atchley v. AstraZeneca, No. 20-2077 (D.C. Cir. Jan. 4, 2022).  Since 2022, Josh has been named among the Lawdragon 500 Leading Litigators in America.  Josh also has delivered a guest lecture on complex litigation at Georgetown University Law Center and has spoken about bankruptcy appellate litigation at the American Bankruptcy Institute’s Views From The Bench conference.

Josh graduated magna cum laude from Harvard Law School and served as a law clerk to the Honorable Diana Gribbon Motz on the U.S. Court of Appeals for the Fourth Circuit in Baltimore.  Before law school, he was a championship policy debater at Northwestern University, where he broke the then-record for best individual performance at the 2006 National Debate Tournament.  Similarly, in high school, he won the U.S. national championship in policy debate for St. Mark’s School of Texas.

Representative Experience

  • UMG Recordings, Inc. v. Verizon Communications Inc., No. 24-cv-05285 (S.D.N.Y.) – Lead counsel representing Verizon in copyright-infringement litigation brought by the major music record labels for alleged peer-to-peer music piracy.
  • X Corp. v. Bright Data Limited, No. 23-cv-03698-WHA (N.D. Cal.) – Represented X Corp. as lead counsel in DMCA and copyright-preemption case against large data scraper; case resolved after X’s amended claims substantially survived dismissal.
  • Optimum Comm’cns, Inc. v. Apollo Capital Mgmt., 25-cv-09785 (S.D.N.Y.) – Lead counsel representing debtor in first-of-its-kind antitrust action challenging creditor “cooperation agreement” that restrains trade in the leveraged-finance market.
  • In re Determination of Royalty Rates & Terms For Making & Distributing Phonorecords (“Phonorecords IV”), No. 21-CRB-0001-PR (2023-2027) – Represented Amazon as lead trial counsel in Copyright Royalty Board rate-setting proceeding to establish statutory mechanical-royalty rates for interactive music streaming.  Case resolved on eve of trial.
  • Foley v. Lafarge S.A., No. 23-cv-05691 (E.D.N.Y.) – Lead counsel representing American families killed and injured by ISIS in a civil antiterrorism lawsuit against French cement conglomerate that made multi-million-dollar payments to ISIS in Syria.  Merits discovery is ongoing after the Court substantially denied dismissal.
  • Cabrera v. Islamic Republic of Iran, No. 19-cv-03835 (D.D.C.) – Lead counsel representing U.S. service members, civilians, and their families in a Foreign Sovereign Immunities Act lawsuit against Iran for providing material support to the Afghan Taliban.  Conducted bench trial on liability and bellwether damages in October 2021.  Obtained 126-page decision entering judgment on liability and nearly $16 billion in damages.
  • Atchley v. AstraZeneca UK Limited, No. 17-cv-02136 (D.D.C.) – Lead counsel representing U.S. service members, civilians, and their families in a civil antiterrorism lawsuit against Johnson & Johnson, Pfizer, GE Healthcare, AstraZeneca, and Roche for bribing Jaysh al-Mahdi terrorists in Iraq.  Obtained unanimous D.C. Circuit decision reversing dismissal of claims. Reargued case on remand after Supreme Court’s GVR.
  • Cox Comm’cns, Inc. v. Sony Music Ent., No. 24-171 (U.S.) – filed amicus brief on behalf of leading large internet service providers addressing the standard for contributory copyright infringement with respect to online music piracy.
  • WNAC v. Verizon, No. 21-cv-10750 (D. Mass.) – Represented Verizon as lead counsel against copyright-infringement lawsuit alleging unlawful retransmission of broadcast station signal. Obtained threshold dismissal of most claims and favorably resolved the rest.
  • Reid v. Doe Run Resources Corp., No. 23-1625 (8th Cir.) – Served as lead appellate counsel in interlocutory appeal on the doctrine of international-comity abstention in a mass-tort action involving lead emissions in Peru; obtained favorable opinion from the Eighth Circuit affirming on all issues.
  • Cabrera v. Black & Veatch, No. 19-cv-03833 (D.D.C.) – Lead counsel representing U.S. service members, civilians, and their families in a civil antiterrorism lawsuit alleging that large Western contractors paid protection money to the Afghan Taliban.
  • Tenny Journal Communications, Inc. v. Verizon New Jersey, No. 19-cv-19183 (D.N.J.) – Represented Verizon as lead counsel in lawsuit alleging overbilling for payphone service.  Secured complete dismissal of all claims, as well as final judgment awarding Verizon its full damages on all counterclaims.
  • ControlCase Attestation Services LLC v. ControlCase LLC, No. CL2020-19720 (Va. Cir. Ct.) – Represented SOC 2 auditor as lead counsel defending breach-of-contract and tortious-interference lawsuit brought by former joint-venture partner.  Obtained complete dismissal of all claims.
  • Mississippi v. Tennessee, et al., No. 143, Orig. (U.S.) – Conducted trial of original-jurisdiction claims concerning interstate water dispute over the Middle Claiborne Aquifer.  Obtained full dismissal of claims before Special Master and unanimous affirmance from the U.S. Supreme Court.
  • In re Aearo Technologies, LLC, No. 22-2606 (7th Cir.) – Represented Official Committee of Unsecured Creditors Related To Use Of Combat Arms Version 2 Earplug in high-profile bankruptcy case concerning scope of automatic stay for largest MDL in U.S. history.  Led drafting of Official Committee’s merits brief, which represented the interests of hundreds of thousands of U.S. military veterans harmed by 3M’s defective earplugs. Case settled for $6 billion after oral argument in the Seventh Circuit.
  • In re Bestwall LLC, No. 17-31795 (W.D.N.C. Bankr.) – Represents Official Committee of Asbestos Claimants in Fourth Circuit and Supreme Court appellate matters arising from the nation’s first “Texas Two Step” bankruptcy case.
  • Roy Moore v. Tiana Lowe, No. 20-cv-00124 (N.D. Ala.) – Represented journalists against defamation claims brought by former U.S. Senate candidate Roy Moore.  Delivered oral argument on motion to dismiss and obtained dismissal of all claims.
  • Mattil v. Department of State, No. 2020-1322 (Fed. Cir.) – Represented whistleblower as lead counsel in appeal from adverse Merit Systems Protection Board decision.  Case settled on favorable terms after appellate briefing in the Federal Circuit.
  • CenturyLink Communications, LLC v. Verizon Services Corp., et al., No. 18-33 (FCC) – Represented Verizon as lead counsel in significant regulatory dispute with CenturyLink over special-access charges.  Obtained full dismissal of CenturyLink’s claims after contested evidentiary proceeding.
  • Midcontinent Communications v. MCI Communications Services, Inc., No. 16-cv-04070 (D.S.D.) – Represented Verizon as lead trial counsel in billing dispute with South Dakota-based cable company.  Secured final judgment in Verizon’s favor on both Plaintiff’s claims and Verizon’s counterclaims.
  • CallerID4u, Inc. v. MCI Communications Services Inc., No. 15-35028 (9th Cir.) – Delivered oral argument in Ninth Circuit federal-preemption case concerning state-law equitable claims brought by competitive local exchange carrier.  Obtained published decision affirming favorable ruling below.
  • Maxi Dinga Sopo v. U.S. Attorney General, No. 17-15426-EE (11th Cir.) – Delivered oral argument in Eleventh Circuit case concerning the constitutionality of indefinite civil immigration detention.  Obtained published decision reversing dismissal of claims below.
  • Redbox Automated Retail, LLC v. Buena Vista Home Entertainment, Inc., et al., No. 18-cv-00677 (C.D. Cal.) – After fully briefing a motion to dismiss, successfully resolved antitrust claims against merchandising wholesaler alleging anticompetitive conduct in the DVD rental market.
  • Roy Jones v. Party City Holdco Inc., et al., No. 15-cv-09080 (S.D.N.Y.) – Obtained full dismissal of securities-law claims against Party City for alleged misstatements in offering documents.
  • Stephen Robertson, et al. v. John Franco, et al., No. 49C01-0812-MI-057122-001 (Ind. Cir. Ct.) – Successfully resolved fiduciary-duty claims brought against outside directors of liquidated Indiana life insurance company.
  • Ronan Telephone Company, et al. v. Federal Communications Commission, et al., No. 05-71995 (9th Cir.) – Delivered oral argument in Ninth Circuit case concerning administrative-law challenge to a Federal Communications Commission declaratory rule.  Successfully avoided vacatur of the FCC’s rule to enable favorable resolution on remand.
  • In re Bank of New York Mellon Forex Transactions Litigation, No. 12-md-2335 (S.D.N.Y.) – Represented Bank of New York Mellon in consolidated lawsuits alleging that BNYM overcharged its custody customers on foreign-exchange services.  Obtained full dismissal of parallel state False Claims Act claims brought in six States, alleging billions of dollars in damages.
  • In re National Football League Players’ Concussion Injury Litigation, MDL No. 2323 (E.D. Pa.) – Represented retired football players in prominent MDL alleging that NFL was responsible for players’ head injuries.  Served as primary brief drafter, and assisted in oral argument, on NFL’s threshold preemption defense.  Case settled favorably after argument on the NFL’s motion to dismiss.

Achievements

Articles, News & Events

News

January 04, 2022
Families of Americans Killed or Injured by Terrorists in Iraq Can Proceed in Anti-Terrorism Act Case Against Pfizer, Johnson & Johnson, GE Healthcare, AstraZeneca, and Roche

January 4, 2022— The U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of the families of 395 Americans killed or injured by the terrorist group Jaysh al-Mahdi in Iraq.  In this U.S. Anti-Terrorism Act (ATA) case against major pharmaceutical and medical-supply corporations, the federal appellate court held that the plaintiffs’ allegations stated a claim under the ATA.  The plaintiffs are more than 1,200 Americans, who were attacked or who had a family member attacked by the terrorist group Jaysh al-Mahdi. Among the plaintiffs are more than 180 families who lost a loved one.  The defendants are the parent companies and/or subsidiaries of AstraZeneca, GE Healthcare, Johnson & Johnson, Pfizer, and Roche.  The plaintiffs allege that these companies bribed Iraqi terrorists to obtain contracts from Iraq’s terrorist-controlled Ministry of Health, knowingly financing terrorist attacks on Americans. Kellogg Hansen is plaintiffs\' trial and appellate counsel, serving as lead counsel in the courtroom.  Partner Josh Branson argued the appeal for the plaintiffs and was joined on the brief by partners David Frederick and Andrew Goldsmith.  Partners Thomas Schultz and Matthew Duffy and associate Grace Knofczynski have also been instrumental in several stages of the litigation.  The appeal received support from an impressive collection of amici, who were cited by the D.C. Circuit several times in the opinion.  A bipartisan group of eight U.S. Senators, led by Senators Grassley and Blumenthal, submitted a brief explaining why Congress enacted the ATA and describing how Defendants’ arguments defied Congress’s intent.  A group of retired U.S. military commanders also submitted a brief detailing Hezbollah’s role in planning and authorizing Jaysh al-Mahdi’s attacks.  Other effective briefs were authored by Professor Steve Vladeck and other national-security law professors, a group of anti-corruption experts, and the American Association for Justice. The lawsuit follows an extensive investigation by Kellogg Hansen and the Washington, D.C.-based law firm Sparacino PLLC.  Throughout the case, the Sparacino team has been Kellogg Hansen’s partner, serving as lead investigative counsel. Case Caption:  Atchley v. AstraZeneca, No. 20-2077 (D.C. Cir. Jan. 4, 2022). ..

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