Josh Stambaugh is a member of the firm’s Complex Commercial Litigation Department with extensive experience assisting businesses of all size, from Fortune 500 companies to internet start-ups, in virtually area of commercial litigation, including: business litigation; interference claims; breach of contract; antitrust; unfair competition; misappropriation of trade secrets; fraudulent advertising; and class actions brought pursuant to consumer protection statutes. Josh has developed considerable knowledge of, and familiarity with, breach of contract, unfair competition, antitrust and consumer fraud class actions.
Josh has a proven track record of aggressively litigating matters of all sizes and finding sensible solutions for companies that are based upon both immediate and long term business needs. Josh is particularly adept at handling discrete business disputes with the same vigor and efficiency of larger bet-the-company litigations, and within appropriate budgetary confines. He has significant experience representing corporations in complex commercial matters at every stage of litigation, from pleading motions through oral argument on appeal. He is accomplished at both taking and defending the deposition of key witnesses, including experts, arguing dispositive motions, and stepping in to assist with a trial-ready matter.
While drawing upon, and giving substantial assistance to, Kaye Scholer’s top-notch Life Sciences Group, Josh has become well-versed in virtually every facet of product liability litigation, and especially pharmaceutical litigation. He has successfully defended claims on behalf of large pharmaceutical corporations in both state and federal court, and has supervised the litigation of both individual and large coordinated actions. Josh is proficient with litigations involving both prescription and over-the-counter drugs, on behalf of brand name and generic products.
Josh is also heavily involved in the firm’s Intellectual Property Department and recently served as second chair in a successful trademark infringement trial, which resulted in a jury verdict awarding millions of dollars in damages to the client. He has also litigated copyright matters, and skillfully handled the preparation of damage theories and damages expert witnesses in a number of intellectual property cases.
Josh has also been actively involved in numerous pro bono matters, and takes very seriously the obligation of the legal profession to give back to those in dire need of legal services. Josh was successful in securing asylum for a young women from Cameroon persecuted on account of her political beliefs. He has also worked on large-scale impact litigation affecting welfare recipients, unlawful detainer actions and the representation of victims of real estate fraud.
- Served as second chair in a trademark infringement and cybersquatting jury trial which resulted in a verdict of millions of dollars awarded to the client.
- Represented a manufacturer of sportswear products facing allegations of misleading advertising in various jurisdictions. Successfully obtained approval of nationwide settlement of consumer fraud class action claims.
- Represented a major pharmaceutical company during a challenge to a defense verdict for the company that was upheld on appeal.
- Obtained a quick and favorable settlement of copyright infringement claims brought against an internet company that operates a number of celebrity and entertainment blogs.
- Represented a radio station against claims of breach of contract. Successfully obtained a voluntary dismissal of the suit.
- Represented a foreign semiconductor manufacturer against numerous individual and class actions, which alleged violations of antitrust and consumer protection statutes under both state and federal law.
- Represented a real estate management company in its claims for breach of contract and recovery of earnest money deposits while defending against counterclaims for breach of contract.
- Represented a large pharmaceutical company in defending against a unique product liability action by plaintiff who was prescribed off-label use of a drug.
- Played a key role in numerous other cases, including representation of a wind turbine operator against claims under California’s Unfair Competition Law for operating wind turbines in the flight path of migratory birds; representation of a copyright holder in a suit alleging unauthorized and unlicensed use of those copyrights in karaoke recordings; and representation of a property owner against a nuisance action and an attempt to extinguish the property owner’s easement.