Joshua D. Dick is a partner in the San Francisco office of Gibson Dunn & Crutcher. He is a member of the firm’s Litigation Department and practices in its Antitrust and Competition Practice and Securities Litigation Practice Groups.
Josh has significant experience litigating a broad range of matters in both state and federal courts. He has successfully represented clients throughout the United States and abroad involving claims brought under the Sherman and Clayton Acts, the Securities Exchange Acts, the California Unfair Competition Law, and the Foreign Corrupt Practices Act. He has substantial experience in complex, multifaceted and high stakes litigation, where has managed and overseen day-to-day operations in many of these cases. He also has extensive experience in representing companies in complex domestic and multi-national government investigations into alleged antitrust and competition law violations, financial fraud and corporate malfeasance. Josh also represents a variety of companies and trade associations to challenge state and municipal regulations and ordinances.
Recent government investigation matters include:
- Representing a multinational financial institution in connection with more than 15 domestic and international cartel investigations related to alleged manipulation of the London Interbank Offered Rate (“LIBOR”) and other interest rate benchmarks including, plea negotiations and/or leniency applications in the United States, Australia, New Zealand, Japan, Korea, Singapore, and other jurisdictions.
- Representing a Japanese auto parts manufacturer and its U.S. and foreign subsidiaries in an investigation by the U.S. Department of Justice into an alleged antitrust conspiracy to fix prices, rig bids and allocate territories.This include extensive plea negotiations that ultimately resulted in a reduction of the proposed fine by more than 75%.
- The defense of a foreign bank in several investigations brought by domestic and international antitrust and financial enforcers into the alleged manipulation of foreign exchange (“FX”) rates and financial products.
Recent litigation matters include:
- Representing a financial institution in over ten separate class action lawsuits alleging manipulation of LIBOR and other interest rate benchmarks and asserting a wide variety of claims including, antitrust, RICO, Commodities Exchange Act and state law claims. The cases are pending in the Southern District of New York.
- Representing an auto parts manufacturer in consolidated lawsuits, which are among the largest and most complex multidistrict litigation (MDL) cases ever brought in the United States. Plaintiffs assert several causes of action including state law claims in more than 30 states. The cases are pending in the Eastern District of Michigan.
- Representing a Fortune 500 technology company, which has a majority of total revenues derived from government procurement contracts, in a consolidated securities fraud case pending in the Southern District of New York. As part of this case, Josh was a lead drafter of a petition for a writ of certiorari with the United States Supreme Court to resolve an important area of federal law.
- Representing a real estate company in a group action brought by over 125 individual plaintiffs in state court in Nevada and a consolidated class action in California asserting several claims related to the conversion of a privately held mortgage fund into a publicly traded real estate investment trust (REIT). This representation resulted in a complete victory following a 10-day trial in California and a very favorable settlement in Nevada.
Recent regulatory matters include:
- Representing plaintiffs in litigation in the Northern District of California, and currently pending appeals before the Ninth Circuit, in challenges to two local government ordinances in California. The first is a challenge to a City of Berkeley ordinance requiring disclosures of purported safety risks of cell phones, CTIA – The Wireless Association v. City of Berkeley, No. 16-15141 (2016), and the second is a challenge on behalf of the California State Outdoor Advertising Association to a San Francisco ordinance that would require certain sugary beverage advertisements to carry a government scripted warning label, American Beverage Association v. City and County of San Francisco, No. 16-16072 (2016).
- Representing a multinational bank in an investigation by the California Attorney General’s Office regarding potential manipulation of foreign exchange rates and financial derivative instruments.
- Defending the Fresno Unified School District in a lawsuit challenging the proprietary of using lease-leaseback contracts to finance and construct school buildings in California.
- Representing a multinational company in assessing the viability of bringing pre-election lawsuits to challenge a county ballot initiative that would largely prohibit all oil and gas operations in Monterey County, California.
Josh graduated cum laude from the University of Michigan Law School where he served as an associate and articles editor for the Journal of Law Reform.