Josh David, a partner in the firm, focuses his practice on both litigation and transactional work, largely for the firm’s business clients. His litigation experience allows him to structure transactions and draft documents to avoid litigation while his business and transactional experience allows Josh to approach litigation from a broader perspective and with a depth of business knowledge.
As a litigator, Josh has handled a diverse caseload of commercial, employment, and other matters. He has prosecuted and defended employment cases brought pursuant to a variety of federal, state, and local anti-discrimination and anti-harassment laws, the Family and Medical Leave Act, and the Fair Labor Standards Act. He has served as lead counsel in Fair Labor Standard Act collective actions, representing hundreds of employees in claims for unpaid minimum wage and overtime pay. Josh has handled litigation brought pursuant to the rarely invoked anti-discrimination provisions of the Immigration and Nationality Act, serving as counsel in the case that established that an employer must have true discriminatory intent in order to violate the anti-discrimination provisions of the Act. Josh has also represented clients in cases involving noncompete agreements, breach of fiduciary duty, business torts, real estate disputes, title claims, insurance coverage, defamation, trusts and estates, legal malpractice, and other contractual, commercial, and personal disputes. Josh also regularly counsels clients regarding compliance with labor and employment laws and the avoidance of disputes.
Josh is also an accomplished labor negotiator, having represented management in collective bargaining with unions across the country.
Additionally, Josh regularly represents clients in purchasing and selling businesses and business assets and in the sale and purchase of real estate, particularly multi-family and hotel assets. He assists clients with starting new businesses, selecting the appropriate form of entity, and with corporate and governance issues. He helps existing businesses negotiate and draft all types of agreements, including management agreements, contracts related to the provision of other goods and services, leases, and licensing agreements. Josh is also a sophisticated estate planner who assists clients of both moderate means and significant wealth in planning their estates.
Josh is admitted to all Virginia state courts, the United States District Court for the Eastern District of Virginia, the United States Court of Appeals for the Fourth Circuit, the United States Court of Appeals for the Fifth Circuit, and the United States Supreme Court and has represented clients before the National Labor Relations Board, the United States Department of Justice/Executive Office for Immigration Review/Office of Chief Administrative Hearing Officer, the Equal Employment Opportunity Commission, and other administrative bodies.
Josh is a native of Newport News and attended Ferguson High School. He was an Echols Scholar at the University of Virginia where he graduated with distinction in 1994. Josh also attended law school at the University of Virginia, graduating in 1997. He lives in Newport News with his wife, also a partner in the firm, and their two children.
Josh is active in the community, currently serving on the Peninsula Regional Advisory Board for TowneBank, as President of the Board of Housing Development Corporation of Hampton Roads, as a member of the board of the Peninsula Chapter of the Virginia Center for Inclusive Communities, and as a member of the United Jewish Community of the Virginia Peninsula Endowment, Inc. Josh is also active in Greater Peninsula Now, an organization that brings together the business community to address local, regional, and statewide issues to make the Virginia Peninsula a better place to live and work. Josh previously served as President, Relocation Chair, and member of the Board of Directors of Rodef Sholom Temple, a member of the Board of Directors of the Hampton Roads Chapter of the American Red Cross, a member of the Board of Governors of the Young Lawyers Conference of the Virginia State Bar, a member of the Board of Trustees of the United Jewish Community of the Virginia Peninsula, Inc., and a member of the Virginia-Israel Advisory Board to which he was appointed by then-Governor Mark Warner. Josh was a recipient of the Virginia Center for Inclusive Communities’ Humanitarian Award in 2019.