Biography
Josh is a trial lawyer. He began his career with a judicial clerkship at the Texas Supreme Court and the U.S. Court of Appeals for the Fifth Circuit. Over the last 18 years, he has represented both plaintiffs and defendants in high-stakes cases across the country in complex commercial litigation, bad-faith insurance claims, trade-secret cases, whistleblower and qui tam cases, and First Amendment litigation. Josh has successfully tried cases to juries ranging from multimillion dollar corporate disputes and fraud cases to commercial construction cases. In prior years, he assisted his clients in obtaining the largest settlement in Texas, and the fourth largest settlement in the United States, as featured in the The National Law Journal.
Josh has received the highest rating “AV Preeminent” from Martindale-Hubbell Peer Review Ratings. He has been recognized by Chambers USA: America’s Leading Lawyers for Business and featured in “The Best Lawyers in America” publication. Lawdragon has named Josh as one of the “500 Leading Litigators in America.” In addition, Josh has been named “Texas’ Top Rated Lawyers” by ALM Legal Publishing and recognized as a “Super Lawyer” by Thomson Reuters. Josh has also consistently been named a “Top Attorney” in Austin by Austin Monthly Magazine. He was appointed to the Texas Supreme Court Rules Committee by the State Bar of Texas to advise the Court on the rules governing trial practice and the Texas Rules of Civil Procedure. While he is honored by these awards and recognitions, the results he has obtained for his clients, as set forth below, are far more important.
As a member of the firm’s appellate section, clients have entrusted Josh to handle appeals in a wide spectrum of cases, including complex commercial disputes, contract disputes, class actions, and business torts. He has presented oral argument numerous times at the U.S. Court of Appeals for the Fifth Circuit. Over the past decade, Josh has handled appeals in the U.S. Supreme Court, the U.S. Court of Appeals for the Fifth Circuit, the U.S. Court of Appeals for the Fourth Circuit, the Texas Supreme Court, and appellate courts across Texas.
Education
B.S., cum laude, Stephen F. Austin State University
J.D., cum laude, Northwestern Pritzker School of Law
Bar Admissions
Texas, 2004
Court Admissions
United States Court of Appeals for the Fourth and Fifth Circuits
United States District Court for the Northern, Southern, Eastern and Western Districts of Texas
Litigation
- $23,550,000.00 recovery against hospital in qui tam/False Claims Act case in federal court.
- $9,500,000.00 recovery for corporate client in bad-faith insurance claim in federal court.
- $9,354,892.00 jury verdict and final judgment (no appeal) in complex financial fraud case.
- $8,000,000.00 recovery for three physician clients in complex litigation with hospital in federal court.
- $6,500,000.00 recovery obtained against a national armored vehicle company. This recovery was many times more than the defendant’s pre-trial offer and was obtained on day five of a seven-day jury trial in Houston.
- $1,100,000.00 recovery for corporate client in breach-of-contract case in arbitration.
- Obtained confidential seven-figure settlement on behalf of client in securities fraud case.
- Secured confidential six-figure settlement for corporate client in data breach case against computer security firm.
- Obtained dismissal of Fortune 50 company from federal lawsuit involving development of a large data center, which was upheld on appeal at the Fifth Circuit.
- Obtained complete dismissal of qui tam/False Claims Act case for corporate client in federal court.
- Won complete defense verdict for corporate client in high-stakes Deceptive Trade Practices Act case in arbitration.
- Obtained dismissal of all claims against corporate client in wrongful termination suit in federal court.
- Obtained dismissal of numerous lawsuits under the Anti-SLAPP statute and obtained awards of attorneys’ fees and sanctions in clients’ favor.
- Obtained complete dismissal of claims against the renowned photographer behind Nirvana’s iconic “Nevermind” album cover that accused the defendants of commercializing child pornography.
Appellate
- Rockett Special Utility Dist. v. Alamo Mission, 858 F. App’x 160 (5th Cir. 2021) (obtain affirmance of district court’s dismissal of Google entity).
- Equity Trust Co. v. Hampton, 2020 Tex. App. LEXIS 5674 (Tex. App.—Austin July 23, 2020, pet. denied) (obtained complete reversal and render of adverse jury verdict).
- Chavez v. Plan Benefit Services, Inc., 957 F.3d 542 (5th Cir. 2020) (obtained reversal of certification of nationwide class action).
- Title Source, Inc v. HouseCanary, Inc., 2019 Tex. App. LEXIS 5768 (Tex. App.—San Antonio July 10, 2019, no pet. h.) (obtained sealed records for media client, the Reporters Committee for Freedom of the Press).
- Warner Bros. Entm’t, Inc. v. Jones, 538 S.W.3d 781 (Tex. App.—Austin 2017, pet. granted) (obtained dismissal of claims against Warner Bros. and TMZ under Anti-SLAPP law).
- United States ex rel. Parikh, M.D. v. Citizens Med. Ctr., 2014 WL 4854217 (5th Cir. Oct. 1, 2014) (obtained affirmance of district court’s denial of defendants’ motion to dismiss in qui tam/False Claim Act litigation).
- Westminster Falcon/Trinity, LLP v. Shin, 2012 WL 5231851 (Tex. App.—Amarillo Oct. 23, 2012) (obtained reversal of verdict against client in construction dispute and obtained take-nothing judgment in favor of defendant-client).
- Citizens Med. Ctr. v. Gaalla, 460 F. App’x. 469 (5th Cir. Feb. 16, 2012) (obtained affirmance on interlocutory appeal of denial of defendants’ motions for summary judgment based on governmental immunity).
- Util. Comm’n of Tex. v. Constellation Energy Commodities Group, Inc., 351 S.W.3d 588 (Tex. App.—Austin 2011, pet. denied) (obtained reversal of PUC ruling against client).
- Las Palmas Med. Ctr. v. Moore, 349 S.W.3d 57 (Tex. App.—El Paso 2010, pet. denied) (appellate court affirmed seven figure arbitration award for hospital client).
- New Wave Dist. Co. v. LSKR, Inc., 2007 WL 178465 (Tex. App.—Austin Jan. 24, 2007) (obtained expedited reversal of temporary injunction imposing restrictions on corporate client’s business).
- Chambers USA: America’s Leading Lawyers for Business
- Up and Coming in Litigation: General Commercial – Texas: Austin & Surrounds, 2021-2022
- The Best Lawyers in America (Woodward/White Inc.), Appellate Practice, 2023
- Texas Super Lawyer, Super Lawyers by Thomson Reuters, 2022
- “Top Attorneys in Austin” in the Civil Litigation category, Austin Monthly Magazine, 2019-2022
- Lawdragon 500 Leading Litigators in America, 2022
- “Texas’ Top Rated Lawyers,” ALM, 2014-2022
- Texas Bar Foundation Fellow, 2018
- Texas Rising Star, Super Lawyers – Rising Stars by Thomson Reuters, 2013-2019
- AV Preeminent, Martindale-Hubbell
- 2015 Big Money Wins – Top 50 Settlements of 2015, The National Law Journal, 2015
- Member, Court Rules Committee, State Bar of Texas
- American Bar Association
- Texas Bar Association
- Austin Bar Association
- Austin Young Lawyers Association
- The College of the State Bar of Texas
- Northwestern University – Alumni Club of Austin, Past President
- Northwestern University – Young Wigmore Club
- Northwestern University – School of Law, Volunteer Admissions Interviewer
- Open Door Preschools, Board Member
November 17, 2022
NewslettersJW Diversity & Inclusion Newsletter – November 2022
View Jackson Walker’s November 2022 Diversity & Inclusion Newsletter, Perspectives.
October 25, 2022
Attorney News‘Austin Monthly’ Lists 14 Jackson Walker Attorneys Among “Austin’s Top Attorneys” of 2022
Jackson Walker congratulates the 14 attorneys recognized among Austin Monthly’s list of “Austin’s Top Attorneys” for 2022. For recognition in the list, Austin attorneys must be nominated by their peers on the basis that they offer experienced counsel in one of 38 categories.
October 7, 2022
Attorney NewsJackson Walker Congratulates 36 Attorneys Named Among the Lawdragon 500 Leading Litigators in America
Jackson Walker announces the selection of 36 attorneys to Lawdragon’s inaugural list of the 500 leading litigators in America.
October 4, 2022
NewslettersJW Media | VIA ePostcard – October 2022
View the October 2022 edition of the JW Media | VIA ePostcard.
September 21, 2022
Attorney NewsJackson Walker Congratulates Its 64 “Texas Super Lawyers” of 2022
Each year, less than 5% of attorneys in Texas are named to the list. Selection is based off of peer nominations that are then reviewed by a research team. Each nominee is evaluated on his or her professional accomplishments, peer recognition, and community involvement.
September 6, 2022
Client ResultsRenowned Photographer Kirk Weddle and Nirvana Win Lawsuit Over Iconic ‘Nevermind’ Album Cover
Josh Romero and Emilio Nicolas successfully represented Kirk Weddle, the photographer behind Nirvana’s iconic Nevermind album cover, in a dispute brought by Spencer Elden. On September 2, 2022, a California-based U.S. District Judge granted the defendants’ Rule 12(b)(6) motion to dismiss the lawsuit as time-barred and, in doing so, dismissed the entire lawsuit with prejudice.
August 18, 2022
Attorney News‘The Best Lawyers in America’ Honors 214 Jackson Walker Attorneys in 2023 Edition, Including 11 “Lawyers of the Year” and 41 “Ones to Watch”
The Best Lawyers in America has recognized 214 Jackson Walker attorneys across 6 offices and 79 specialty practice areas in its 2023 edition, including 11 Lawyers of the Year and 41 Ones to Watch. Best Lawyers listings are based on an exhaustive peer review survey of thousands of attorneys who vote on the legal abilities of others in their practice areas.
August 1, 2022
NewslettersJW Diversity & Inclusion Newsletter – August 2022
View Jackson Walker’s August 2022 Diversity & Inclusion Newsletter, Perspectives.
June 1, 2022
SpotlightChambers and Partners Recognizes Jackson Walker Attorneys and Practices in 2022 USA and Global Guides
Jackson Walker is pleased to announce that Chambers and Partners has selected 48 attorneys and 16 departments for inclusion in the 2022 edition of the Global and USA guides.
February 11, 2022
Attorney NewsJackson Walker Announces Largest Class of Newly Elected Partners to Date
Jackson Walker is pleased to announce the election of 14 attorneys to the Firm’s partnership on Friday, February 11, 2022. In addition to electing 14 new partners, the Firm also congratulates Bart Cicuto, Noah Speck, and Austin Thomas on their promotion from associates to senior counsel.
- “Lawsuit against Austin photographer of Nirvana’s ‘Nevermind’ album dismissed,” Fox 7 Austin (September 2022)
- “Austin lawyers with Jackson Walker win Nirvana ‘Nevermind’ album cover lawsuit,” Austin Business Journal (September 2022)
- “Judge dismisses lawsuit over Nirvana’s ‘Nevermind’ cover,” Austin American-Statesman (September 2022)
- “‘Nirvana Baby,’ All Grown Up, Waited Too Long To Sue,” Law360 (September 2022)