Litigator-informed risk assessment and management

Josh Fleming is an experienced trial lawyer and legal counselor who leverages his experience as a litigator and his extensive knowledge of client businesses to advise clients on the commercial risks they face, risk avoidance as well as litigation prevention strategies. His practical, business-minded counsel extends to a variety of areas, including:

• Contract disputes
• Relationship terminations and related litigation, including distributor terminations
• Restrictive covenant enforcement and defense, including drafting covenants
• Risks associated with acquisitions
• Trade secrets and unfair trade practices
• Regulatory compliance and enforcement
• Product liability defense and due diligence

When litigation is necessary, Josh always works with an eye to providing efficient, cost-effective and aggressive representation. He has represented clients around the country in both state and federal courts and at the appellate level.

Bar Admissions

• Indiana

Education

• Marquette University (B.S., 1996)
  • Business Administration with an emphasis in Marketing and Economics

• Marquette University Law School (J.D., cum laude, 2000)

• "In-House Expert Witness Seminar"
• "Ostrich, Tiger, or Gazelle: Which Approach Should a Manufacturer Take in Monitoring and Responding to Online Content?"
• “Are these things really enforceable? A Review of the Legal Landscape and Pitfalls Underlying Non-Compete, Non-Solicit and Non-Disclosure Covenants”
• “Challenging Ind.’s $5M Damage Cap”
• “Electronic Discovery and Litigation Holds in Business Litigation”
• “In-House Experts and the Impact of FRCP 26 Amendments”
• “Myspace Invasion: The Discoverability of Social Networking Sites”
• “The Impact of Social Media on Product Liability Litigation”
• “There’s An App for That: iPad and Trial Technology for the 21st Century”

Seminar

• Business Law Training: Protecting Trade Secrets, Where Do They Go When Employees Leave, and How to Get Them Back Effectively and Efficiently
• Networking Lunch and Corporate Counsel Game Show Style Competition with ACC Indiana
• To Monitor or Not to Monitor: Does Your Company Need a Social Media Monitoring Plan?