Joshua S. Lipshutz is a partner in the San Francisco and Washington, D.C. offices of Gibson, Dunn & Crutcher. He currently practices in the firm's Litigation Department and its Appellate and Constitutional Law Practice Group. In 2015, Law360 selected Mr. Lipshutz as one of six "Rising Star" appellate attorneys under 40 to watch nationwide. In 2016, the San Francisco Business Times named Mr. Lipshutz to its "40 Under 40" list.
Mr. Lipshutz's practice focuses primarily on constitutional, class action, and securities-related trial and appellate matters. He has represented clients before the Supreme Court of the United States, the Ninth Circuit Court of Appeals, the California Supreme Court, and other state and federal appellate courts. In addition, Mr. Lipshutz has served as an integral member of several trial teams in California, Delaware, and Massachusetts. Recent and ongoing appellate matters include:
- Daimler AG v. Bauman (U.S. Supreme Court): Secured a unanimous victory for Daimler in a case setting new limitations on the jurisdiction of U.S. courts over foreign corporations.
- The Standard Fire Insurance Co. v. Knowles (U.S. Supreme Court): Obtained a unanimous victory in the first Supreme Court decision to interpret the jurisdictional limitations of the Class Action Fairness Act ("CAFA").
- Hollingsworth v. Perry (U.S. Supreme Court and Ninth Circuit): Restored marriage equality to California in a historic decision striking down California's ban on same-sex marriage, Proposition 8, as unconstitutional.
- Munchkin, Inc. v. Playtex Products, LLC (Ninth Circuit): Secured post-trial reversal of a $14 million jury award against Playtex Products based on a false marketing claim; successfully defended victory on appeal.
- Uber Technologies, Inc. (Ninth Circuit and N.D. California): Representing Uber in a series of putative class actions asserting that Uber has misclassified drivers as independent contractors, as well as several related interlocutory appeals seeking to enforce Uber's arbitration agreements.
- ev3, Inc. v. Lesh (Delaware Supreme Court): Secured reversal of a $250 million jury award against Covidien subsidiary ev3, Inc. based on the trial court's improper interpretation of a merger agreement.
- Soto v. BorgWarner Morse TEC Inc. (California Court of Appeal): Obtained reversal of a $32.5 million punitive damages award against automotive parts manufacturer BorgWarner Morse TEC, which if left standing would have been the third largest punitive damages award in California history. The decision won the Daily Journal's award for Top Appellate Reversal of 2015.
- Vergara v. California (California Court of Appeal): Served as one of the principal trial attorneys winning a landmark ruling, now on appeal, that California's teacher tenure laws violate students' fundamental right to education under the California Constitution. Mr. Lipshutz's work on Vergara was featured in the August 2015 cover story of California Lawyer magazine.
Mr. Lipshutz also maintains an active securities litigation practice. In recent years, he has secured the dismissal of claims against the Financial Industry Regulatory Authority ("FINRA"), a private equity firm, and other 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 served as a judicial clerk to the Honorable Antonin Scalia of the Supreme Court of the United States and the Honorable Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. 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, the District of Columbia, and the Commonwealth of Massachusetts.