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Joshua S. Lipshutz

 
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Joshua S. LipshutzJoshua S. Lipshutz
Associate Attorney
T: +1 415.393.8233
F: +1 415.374.8469
555 Mission Street
Suite 3000
San Francisco, CA 94105-0921
USA

Joshua S. Lipshutz is an associate in the San Francisco office of Gibson, Dunn & Crutcher.  He currently practices in the firm’s Litigation Department and its Appellate and Constitutional Law Practice Group.

Mr. Lipshutz is experienced in representing clients before the Supreme Court of the United States, the Ninth Circuit Court of Appeals, and other state and federal appellate courts. He also has served as post-trial counsel in several state and federal courts, where he has obtained new trials and other relief from adverse verdicts. Recent appellate matters include:

  • Daimler AG v. Bauman (U.S. Supreme Court): Whether it violates due process for a court to exercise general personal jurisdiction over a foreign corporation based on the in-State activities of a corporate subsidiary.
  • The Standard Fire Insurance Co. v. Knowles (U.S. Supreme Court):  Whether a putative class action plaintiff can stipulate to keep classwide damages below the federal jurisdictional threshold under the Class Action Fairness Act (“CAFA”).
  • Hollingsworth v. Perry (U.S. Supreme Court and Ninth Circuit):  Whether a state law prohibiting same-sex marriage violates the Due Process and Equal Protection Clauses of the U.S. Constitution.
  • Gabelli v. Securities & Exchange Commission (U.S. Supreme Court amicus brief):  Whether the government can bring a securities enforcement action more than five years after the claims accrued.
  • U.S. Department of Health & Human Services v. Florida (U.S. Supreme Court amicus brief):  Whether the minimum coverage provision of the Patient Protection and Affordable Care Act exceeds Congress’s powers under the Commerce Clause of the U.S. Constitution.
  • McDonald v. City of Chicago (U.S. Supreme Court):  Whether state and local handgun bans violate the Second Amendment of the U.S. Constitution.
  • Vergara v. California (California Court of Appeal): Whether state tenure laws that prevent school administrators from hiring and retaining the most effective teachers violate students' fundamental right to education under the California Constitution.

Mr. Lipshutz also maintains an active securities litigation practice. In recent matters, he has secured the dismissal of claims against the Financial Industry Regulatory Authority ("FINRA"), private equity firm Lone Star Funds, and other financial services clients. Mr. Lipshutz has represented financial services firms and other corporate clients in shareholder derivative and securities fraud actions under Delaware, New York and California law, the federal Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Company Act of 1940. Mr. Lipshutz has also successfully represented individuals pro bono in immigration matters.

Mr. Lipshutz served as a judicial clerk to the Honorable Alex Kozinksi of the United States Court of Appeals for the Ninth Circuit and to the Honorable Antonin Scalia of the Supreme Court of the United States. He graduated Order of the Coif from Stanford Law School, where he was Senior Articles Editor of the Stanford Law Review. He received his undergraduate degrees, summa cum laude, in finance and systems engineering from the University of Pennsylvania. Before practicing law, Mr. Lipshutz worked as a principal investment professional at Silver Lake Partners and as an investment banking associate at Goldman, Sachs & Co.

Mr. Lipshutz is admitted to practice law in the State of California and the Commonwealth of Massachusetts. 

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