Joshua L.Fuchs (Josh)

Partner

Houston + 1.832.239.3719

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Josh Fuchs is a first chair trial lawyer with substantial jury trial, arbitration, and appellate experience as lead counsel in federal and state courts. In addition, he has substantial experience responding to governmental investigations brought by agencies such as the Commodity Futures Trading Commission (CFTC), the Federal Trade Commission (FTC), and the Department of Justice (DOJ). Josh also has broad-based experience in the oil and gas industry.

Josh's cases include complex breach of contract, class actions, aviation, health care, intellectual property, trade secret, toxic tort, product liability, fraud, antitrust, False Claims Act (FCA), market manipulation, and purchase price disputes. He has worked with clients such as Atlas Energy, Access Midstream, BP, Chevron, Eni, Experian, Global Medical Response, IBM, International Paper, KFC, Research In Motion, SAP, Sherwin-Williams, Stone Energy, Textron, and Total. In addition, he has worked with a wide array of experts preparing cases for trial including forensic accountants, economists, software engineers, metallurgists, epidemiologists, and land appraisers. Josh also has had substantial success helping clients reduce e-discovery costs by presenting burden arguments to courts and opponents.

Josh is also involved in community efforts and pro bono activities. He recently chaired the Houston Young Lawyers Foundation's Board of Trustees, which provides grants to local charities. He is also representing numerous clients in pro bono matters involving human trafficking and immigration. Josh has chaired the Houston Office's United Way campaigns and is heavily involved in training programs for Firm associates.

Experience

  • SAP wins summary judgment on Teradata trade secret and antitrust claimsJones Day successfully defended SAP, one of the world's leading producers of software for the management of business processes, against trade secret and antitrust claims in a lawsuit filed in the Northern District of California.
  • Air Evac's summary judgment victory affirmed in Fifth CircuitJones Day represented Global Medical Response, Inc. subsidiary Air Evac EMS, Inc (“Air Evac”), an air-ambulance provider, in a federal lawsuit against various Texas state officials who administer the state's workers'-compensation system.
  • Guardian Flight prevails in Eighth CircuitJones Day obtained a significant victory for Global Medical Response, Inc. in Eighth Circuit cross-appeals involving regulation of air ambulances.
  • Air Evac secures preliminary injunction against Commissioner of Insurance for State of West VirginiaJones Day secured a preliminary injunction for Global Medical Response, Inc. subsidiary Air Evac EMS, Inc. (“Air Evac”) against the Commissioner of Insurance for the State of West Virginia.
  • Experian obtains complete defense verdict in federal jury trial involving Fair Credit Reporting Act claimsJones Day secured a unanimous defense verdict on behalf of Experian Information Solutions, Inc. in a case involving claims brought under the Fair Credit Reporting Act.
  • Med-Trans wins full dismissal of consumer class action in FloridaJones Day represents a network of life-saving emergency air transport carriers that includes Med-Trans Corp. (“Med-Trans”) against claims filed in various jurisdictions around the United States alleging that air ambulance carriers charge improper fees for their services.
  • SAP defends patent infringement claims involving HANA database management softwareJones Day is representing SAP in a patent infringement litigation brought by a competitor in the Northern District of California.
  • IBM defends software services agreement lawsuit brought by Pennsylvania Dep’t of Labor & IndustryIn a lawsuit brought by the Pennsylvania Department of Labor & Industry, Jones Day is defending International Business Machines Corporation (IBM) against breach-of-contract and other claims premised on allegations that IBM failed to deliver a computer system that would aid the administration of both the tax assessment and benefit payment sides of Pennsylvania's unemployment compensation system.
  • Air Evac secures voluntary dismissal of Plaintiffs' claims following opening brief on motion to dismissJones Day represents Global Medical Response, Inc. subsidiary Air Evac EMS, Inc. ("Air Evac") against claims filed in the Southern District of Illinois on behalf of a putative class of consumers alleging that Air Evac charges improper fees for its services.
  • REACH defends against claims filed on behalf of a putative class of consumers in CaliforniaJones Day represents Global Medical Response, Inc. subsidiary REACH Air Medical Services, LLC ("REACH") against claims filed on behalf of a putative class of consumers in California alleging REACH charges improper fees for its services.
  • Med-Trans defeats class certification concerning air ambulance billingJones Day obtained complete denial of class certification in a putative consumer class action brought against Global Medical Response, Inc. subsidiary Med-Trans Corporation ("Med-Trans"), which is part of a network of life-saving emergency air transport carriers.
  • Air Evac's summary judgment victory affirmed in Fourth CircuitJones Day represented Global Medical Response, Inc. subsidiary Air Evac EMS, Inc. ("Air Evac"), which sued the State of West Virginia seeking to enjoin it from applying limits on reimbursement for air ambulance services to patients who are either covered by workers' compensation insurance or public employee insurance, as well as from prohibiting "balance-billing" of policy-holders.
  • SAP's district court victory affirmed by Ninth CircuitThree months after oral argument, the Ninth Circuit issued an order affirming federal district court judge Phyllis Hamilton's decision to overturn a $1.3 billion verdict against Jones Day client SAP AG in a long-running copyright dispute with Oracle.
  • Air Evac wins full dismissal of consumer class action in West VirginiaJones Day is representing a network of life-saving emergency air transport carriers that includes Air Evac EMS, Inc. against claims filed in various jurisdictions around the country that allege the air ambulance carriers charge improper fees for their services.
  • Holloman recovers damages for breach of contract by midstream oil and gas companyJones Day client Holloman Operating, LLC filed a lawsuit against a midstream oil and gas company for breach of contract.
  • Air Evac's district court dismissal of putative class action affirmed in Eighth CircuitJones Day represents Global Medical Response, Inc. subsidiary Air Evac EMS, Inc. ("Air Evac") against claims filed on behalf of a putative class of consumers in Arkansas alleging Air Evac charges improper fees for its services.
  • SAP's $1.3 billion jury award vacatedIn November 2010, Jones Day defended SAP AG, SAP America, Inc. and TomorrowNow, Inc. in an Oakland federal trial that was limited to the amount of damages to be awarded on Oracle's copyright claims.
  • Chevron sold 43% stake in two Colombian gas production fields to HocolJones Day represented Chevron Petroleum Company ("Chevron"), a subsidiary of Chevron Corporation (NYSE: CVX), in the sale of its 43% interest in the Association Contract and related rights and assets, pursuant to which Chevron operates certain upstream natural gas assets in the Chuchupa natural gas field in the Caribbean Sea and Ballena fields in the province of La Guajira, Colombia, to Hocol, S.A. ("Hocol"), a subsidiary of state-owned Ecopetrol S.A. ("Ecopetrol").
  • Chevron buys Pasadena Refining System for $350 million from Petrobras America Inc.Jones Day advised Chevron U.S.A. Inc., a wholly-owned subsidiary of Chevron Corporation, in its purchase of all of the equity interests of Pasadena Refining System Inc. ("PRSI") and PRSI Trading, LLC from Petrobras America Inc. for $350 million, subject to adjustments for working capital.
  • Air Evac obtains affirmation of dismissal of putative class action by Tenth CircuitJones Day represents Global Medical Response, Inc. subsidiary Air Evac EMS, Inc. ("Air Evac") against claims filed on behalf of a putative class of consumers in Oklahoma alleging Air Evac charges improper fees for its services.
  • Air Medical Group Holdings obtains TRO in trade secret and non-solicitation matterJones Day successfully obtained a temporary restraining order for its client, Air Medical Group Holdings, Inc. and affiliated companies ("AMGH"), in two related lawsuits against three former employees and AMGH's competitor, Medical Air Services Association d/b/a MASA Assist ("MASA").
  • Owner of real estate project defends against temporary restraining order and appointment of receiverJones Day represented the owner of a multimillion dollar real estate project in a lawsuit in Harris County state court relating to a series of complex commercial real estate transactions.
  • PNC defends against antitrust litigation related to bank interchange feesJones Day represents PNC Financial Services Group, Inc. ("PNC") in a multi-district class action involving bank interchange fees.
  • Enable Midstream Partners acquires Align Midstream, LLC for $300 millionJones Day advised Enable Midstream Partners, LP, an owner, operator, and developer of strategically located natural gas and crude oil infrastructure assets, in connection with its $300 million acquisition of Align Midstream, LLC from Tailwater Capital.
  • Prisoner obtains trial victory in Section 1983 civil rights actionAfter a three day trial in the United States District Court for the Southern District of Texas, Jones Day won a jury verdict on behalf of a prisoner, David Becerril, in a Section 1983 civil rights action
  • Chevron resolves pipeline dispute with Shell and TesoroJones Day represented Chevron in a breach of contract dispute with Shell and Tesoro regarding the alleged excess delivery of crude oil.
  • Landlord successfully obtains full dismissal in defense of breach of contract suitJones Day successfully obtained summary judgment on behalf of the client in a breach of contract and injunction action brought by the purchasers of a piece of commercial property.
  • Med-Trans defends against billing disputeJones Day successfully represented Med-Trans Corporation, one of the nation's leading air ambulance service providers, in litigation filed in Jefferson County, Texas.
  • Love146 submits amicus curiae brief before U.S. Supreme Court in important Fourth Amendment caseJones Day, serving as pro bono counsel, filed an amicus brief before the U.S. Supreme Court on behalf of Love146 in a case raising a Fourth Amendment challenge to an ordinance authorizing law enforcement to inspect without a warrant hotel and motel guest registries.
  • SAP uses cost-saving strategies to comply with overwhelming data requests seeking in excess of twenty terabytes of dataJones Day demonstrated significant e-discovery expertise in its representation of SAP AG, SAP America, and TomorrowNow, Inc. in a software copyright infringement matter.
  • Energy industry participant responds to Department of Interior subpoenaJones Day assisted an energy industry participant to efficiently and cost effectively respond to a subpoena from the Office of the Inspector General of the U.S. Department of the Interior.
  • Alderwoods defeats class certification motions in antitrust actions by consumers and casket distributorsJones Day defended Alderwoods Group, Inc. against companion antitrust class actions, one by consumers and the other by independent casket distributors (ICDs), against allegations that Alderwoods conspired with other funeral home defendants and with a casket manufacturer to fix the price of caskets at artificially high levels, to engage in a group boycott of ICDs, and to violate California's unfair competition law.
  • Major energy company responds to multiple CFTC inquiries relating to trading of certain energy commoditiesJones Day represented a major energy company in multiple CFTC inquiries relating to the trading of certain energy commodities.
  • International Paper opposes class certification in toxic tort case alleging property damage from paper mill located in Lufkin, TexasJones Day represented International Paper Company against an attempted multi-million dollar toxic tort class action of purported class of 5,000 property owners for alleged pollution by a large paper mill in East Texas.
  • Lycoming receives appellate decision that reversed $96 million judgment after seven week jury trialJones Day represented Lycoming Engines, a Textron company, through trial and appeal in a breach of contract and fraud matter involving complex multi-forum issues, a seven week trial and a complete appeal.
  • Hawkwood Energy acquires interests in upstream oil and gas properties in East TexasJones Day represented Hawkwood Energy LLC in the acquisition of interests in upstream oil and gas properties in East Texas, producing a combined 100 million cubic feet of natural gas and 1,200 barrels of oil per day.
  • Targa Resources Partners forms two joint ventures with subsidiary of Sanchez Energy CorporationJones Day advised Targa Resources Partners LP ("TRP") on the formation of two joint ventures with a subsidiary of Sanchez Energy Corporation ("SN") to construct a new 200 MMcf/d cryogenic natural gas processing plant in La Salle County, Texas and approximately 45 miles of associated high pressure gathering pipelines that will connect SN's Catarina Ranch acreage in the Eagle Ford shale play to the processing plant, costing approximately $240 million.
  • Jones Day's Houston lawyers bike 180 miles for charityA team of nine lawyers from the Houston Office of global law firm Jones Day and several clients took part in last month's MS 150, a two-day bicycle ride to Austin benefiting the National Multiple Sclerosis Society.
  • Atlas Pipeline Partners sells interest in West Texas LPG Pipeline for $135 millionJones Day advised Atlas Pipeline Partners, L.P. in the $135 million sale of 100 percent of the equity interests in subsidiaries that own a 20 percent stake in the West Texas LPG Pipeline Limited Partnership to a subsidiary of Martin Midstream Partners, L.P.
  • Cooper Industries resolves liability insurance dispute over contaminated ground waterJones Day represented Cooper Industries and its affiliate Cooper B-Line, involved the allocation of amounts paid in settlement of two wrongful death claims filed against the two Cooper entities, one of which was covered by the relevant policy and the other which was not covered.
  • Citigroup completes $775 million bond offering and $350 million term loan by Vantage Drilling subsidiaryJones Day represented Citigroup Inc. in connection with the issuance of $775 million of 7.125% Senior Secured First Lien Notes due 2023 in a Rule 144A and Regulation S offering by Offshore Group Investment Limited, a Cayman Islands exempt company and wholly owned subsidiary of Vantage Drilling Company.
  • Access Midstream Partners to acquire midstream gathering and processing assets from Chesapeake Energy Corporation for $2.16 billionJones Day advised Access Midstream Partners, L.P. in its acquisition of Chesapeake Midstream Operating, L.L.C., a wholly owned subsidiary of Chesapeake Midstream Development, L.LC., from Chesapeake Energy Corporation for $2.16 billion.
  • Chevron sold its Hawaii refining, distribution, and retail assets to Island Energy Services, LLCJones Day advised Chevron U.S.A. Inc. in its sale to Island Energy Services, LLC, a wholly owned subsidiary of One Rock Capital Partners, LP, of all of Chevron's refining, distribution, and retail assets located in Hawaii, including the 58,000 barrel-per-day refinery in Kapolei, interests in a network of 58 retail service stations, four product distribution terminals on Oahu, Maui, Kauai, and Hawaii Island, pipeline distribution systems, and other related downstream assets statewide.
  • SAP acquires leading cloud-based business commerce network Ariba for $4.3 billionJones Day advised SAP AG in its $4.3 billion acquisition of Ariba, Inc.
    • View All

    May 2023 Alert

    Texas Legislature Passes Law Creating New Business Courts

    August 2022 Alert

    Final Rule Issued to Implement the No Surprises Act's Independent Dispute Resolution Process

    March 2022 Alert

    No Surprises Act Update: Rule Governing Dispute Resolution Process Set Aside

    June 2017 Commentary

    Eastern District of Texas Latest Court to Criticize "Subject To" Language in Discovery Objections

    September 2016 Commentary

    Noteworthy Trends from Cases Decided Under the Recently Amended Federal Rules of Civil Procedure

    June 2016 Commentary

    Texas Federal Court Declines to Apply State Law Privilege in False Claims Act Case

    December 2015 Alert

    Antitrust Alert: Fifth Circuit Upholds Verdict Against Steel Manufacturer in Steel Distributors' Per Se Illegal Group Boycott

    September 2015 Jones Day Publications

    Significant Changes to the Federal Rules of Civil Procedure Expected to Take Effect December 1, 2015: Practical Implications and What Litigators Need to Know

    October 2014 External Publications

    Oil and Gas Partnership by Ambush: The Challenges of Disclaiming a Partnership or Joint Venture in Texas, The Texas Lawbook

    August 2014 Commentary

    The New Texas Two-Step: Texas Supreme Court Articulates Evidence Spoliation Framework
    View All

    Additional Speaking Engagements

    • March 15-17, 2017
      NITA Financial Expert Testimony Program
    • November 15, 2016
      Federal Rules of Civil Procedure Update: Understand New Rules, Standards, and Disclosure Requirements, Lorman Education Services
    • September 15, 2016
      Eliminating the Weakest Link: Cybersecurity Ethics and Risk Mitigation for Lawyers
    • November 5, 2015
      Ethical Considerations in E-Discovery for Corporate Attorneys and Litigators-2015
    • May 7, 2015
      Turmoil in the Oil Patch: Risks and Opportunities for Oil & Gas Companies and Investors
    • May 28-29, 2014
      Accounting Due Diligence, Mergers & Acquisitions / Acquisitions & Disposals Conference, Institute For Energy Law
    • April 3, 2014
      Special Immigrant Visas
    • March 5-7, 2014
      NITA Mini Trial Program, faculty
    • September 20, 2012
      Law Tech Texas
    • June 15, 2012
      Basics of E-Discovery
    • May 15, 2012
      Understanding International Data Privacy Law in E-Discovery
    • January 11, 2012
      How Following the Rules of Professional Responsibility Can Lessen the Burden and Cost of E-Discovery
    • September 15, 2011
      Ethical Considerations for Attorneys in the Course of E-Discovery
    • August 16, 2011
      E-discovery Best Practices, Masters Conference

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