Josh Gunnemann is an accomplished trial lawyer who represents businesses and individuals who are involved in complex business disputes, difficult litigation, and governmental investigations. In 2015, Josh tried a one-week jury trial on an employment agreement to a full defense verdict in Superior Court. Josh has significant experience representing plaintiffs and defendants in a wide variety of complex business matters, such as shareholder disputes, SEC and DOJ investigations, contract disputes, corporate-governance matters, fiduciary litigation, internal investigations involving fraud or accounting problems, and business breakups. Josh also advises and represents companies in matters relating to various business torts, such as trade-secret misappropriation and unfair competition, and he advises clients on matters of data security and privacy.
In 2017, Super Lawyers magazine again named Josh a “Rising Star” in Georgia for business litigation and white collar criminal defense, an honor limited to 2.5% of all lawyers in Georgia. This is the fifth year Josh has been selected for that honor. Martindale-Hubbell has given Josh its highest rating of AV Preeminent in Litigation, Business Law and Securities Law; and in 2013, Josh was nominated by his peers in The Best Lawyers in America in three categories: Commercial Litigation, Litigation – Regulatory Enforcement (SEC, Telecom, Energy), and Litigation – Securities. Additionally, Josh was selected by his peers as a leading attorney and included in Georgia Trends' 2014 Legal Elite, a select list of leading Georgia attorneys.
Complex Business Disputes and Class Actions
- Josh is lead counsel in defending a nationwide class actions involving credit card processing fees.
- In 2015, Josh secured a full defense verdict in a one-week jury trial on an employment agreement between a financial advisor and his former firm.
- Josh represented a manufacturer in parallel litigation in the Delaware Chancery Court and in the Southern District of New York in a dispute related to the manufacturer’s acquisition of several industrial plants.
- Josh secured the dismissal of an unfair competition class-action lawsuit filed in federal court in California against a manufacturer of infant products.
- Josh was a member of the legal team that successfully defended four executives of a wire manufacturer in a TRO action filed by their former employer seeking to restrain them from forming a competing entity. The federal district judge denied the employer's request for a preliminary injunction.
- Josh secured summary judgment that awarded a lending institution over $1.5 million owed for a business loan and that denied the defendants' counterclaims for breach of contract and various intentional torts. Josh obtained affirmance of the summary judgment award from the Georgia Court of Appeals, and he successfully defended against the defendants’ application for certiorari with the Supreme Court of Georgia.
White Collar Litigation
- Josh has routinely represented both corporate and individual clients in investigations by the SEC, DOJ, and FINRA.
- Josh represented a former Fortune 500 executive in parallel civil and criminal securities-fraud cases, including a two-week criminal jury trial in federal court.
- Josh has represented multiple clients accused by federal agencies of insider trading.
- Josh represented the former executive of a bank against allegations of misappropriation, self-dealing, and other misconduct. No charges were filed against the executive.
- Josh defended the independent directors of a real estate investment company in securities class action alleging over $140 million in damages related to the internalization of the company’s outside advisor and the company's public disclosures and was a member of the legal team that successfully secured summary judgment in the clients’ favor.
Internal Investigations, Cybersecurity & Privacy
- Josh has advised clients on the adequacy of their privacy policies and their compliance with privacy and cybersecurity requirements.
- Josh conducted an internal accounting investigation on behalf of the Audit Committee of a government-run hospital.
- Josh conducted an internal accounting investigation into stock-option-backdating activities on behalf of the Audit Committee of a Nasdaq-listed company.
- Josh performed an internal investigation into the possible misappropriation of millions of dollars in funds of a non-profit, professional organization in Atlanta.
- Josh has represented the Audit Committee of a Fortune 50 company in an internal accounting investigation.
- Josh has represented multiple clients in briefing matters to the federal and state appellate courts in Georgia.
- Josh represented a client on a question of first impression before the Georgia Court of Appeals and the Supreme Court of Georgia and obtained a unanimous opinion in the client’s favor from the Supreme Court.
- Josh secured summary judgment in favor of a company in litigation challenging the company’s services under the Americans with Disabilities Act and obtained confirmation of the summary judgment award on appeal to the Second Circuit Court of Appeals and denial of the plaintiff’s application for certiorari with the United States Supreme Court.