JoshuaD. N.
HessHe / Him / His

Partner
Joshua Hess

Overview

Joshua Hess is a first-chair trial lawyer who represents clients in securities, antitrust and corporate-governance litigation. Known for his ability to resolve complex disputes with both legal precision and commercial pragmatism, he has also successfully tried multiple cases to verdict.

Representing clients nationwide, Joshua has particular expertise defending public companies and asset managers in class-action, white-collar and shareholder litigation, as well as in internal investigations. He also frequently defends companies, boards and individual executives in corporate-governance disputes and business divorces arising from breach of fiduciary duty claims, contested transactions and struggles over corporate control.

A significant portion of Joshua’s work involves advising C-suite leaders and directors. As a trusted boardroom consigliere, he provides high-level strategic guidance when commercial and legal issues intersect, helping decision-makers balance risk and opportunity. Clients commend his blend of commercial judgment, responsiveness and capacity to align legal strategy with business objectives.

Joshua has been regularly recognized by The Legal 500 US as a recommended lawyer for “Securities Litigation” and “Dispute Resolution: M&A Litigation Defense" and by Euromoney Legal Media Group’s Expert Guides as a “Rising Star” in Litigation. He was also recognized with the Financial Times’ Legal Innovation Award for his “standout” defense of Schwab Investments.

Committed to pro bono service, Joshua represents veterans in benefits appeals before the U.S. Court of Appeals for Veterans Claims and has received the San Francisco Bar Association’s “Outstanding Volunteer in Public Service” Award.

Experience
  • Successfully secured dismissal with prejudice of a complaint against one of the largest mutual fund complexes asserting breach of contract and fiduciary breach claims premised on the fund's purported violation of an investment limit on securities related to “emerging markets.”
  • Defended the largest bond fund manager in class-action market manipulation cases regarding Treasury futures.
  • Successfully secured dismissal of class action complaint against a mutual fund complex on pathbreaking SLUSA preclusion defense, which was affirmed by the Ninth Circuit. This victory was recognized with the highest award in the Financial Times’s Legal Innovation Awards.

  • Successfully represented a blockchain-focused venture fund in joint DOJ/SEC investigation into token-based investments.

  • Successfully defended a blockchain-focused venture fund in breach of duty/misrepresentation litigation brought by one of its principal limited partners.

  • Successfully represented large cryptocurrency wallet provider in invoking material adverse condition clause in potential merger with custodial service provider.

  • Obtained a directed verdict at trial on all counts for a large gaming peripherals maker in shareholder litigation in Nevada arising from an acquisition, which included successfully arguing the preeminent decision on shareholder standing before the Nevada Supreme Court.
  • Defended a closed-end energy infrastructure fund and its advisor in class action litigation in Delaware Chancery Court in wake of its collapse in energy market crisis in March 2020.
  • Successfully represented the nation’s second-largest grocery chain in state and federal challenges to its merger with a competitor, as well as an appraisal proceeding in Delaware Chancery Court.
  • Won a trial verdict in favor of a business-development corporation in a merger challenge brought in Delaware Chancery Court.
  • Successfully defended the independent directors of a large investment bank in myriad litigations that arose in the wake of the bank’s collapse, the largest bankruptcy in U.S. history.
  • Successfully defeated a challenge to John McCain’s appearance on the California ballot as a candidate for President in 2008 on the grounds he was not a “natural born citizen” of the United States.
Credentials
Education

J.D., Georgetown University Law Center, cum laude, Philip Hart/Ralph J. Gilbert Scholar, Managing Editor of the American Criminal Law Review

B.A., Columbia University cum laude, Surdna Foundation Scholar

Admissions

California

District of Columbia

Honors

Recommended Lawyer - Securities Litigation, The Legal 500 

Recommended Lawyer - Dispute Resolution: M&A Litigation Defense, The Legal 500

"Rising Star" in Litigation, Euromoney Legal Media Group’s Expert Guides 

Legal 500 Recommended Lawyer 2025
Memberships

Antitrust, Litigation and International Sections, American Bar Association (ABA)

Thought Leadership
  • "Mutual Fund Litigation and Enforcement Update," Mutual Fund Directors Forum, November 17, 2020