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Indianapolis Office
135 N. Pennsylvania Street
Suite 2400
Indianapolis, Indiana 46204

(317) 399-2814
Fax: (317) 957-5014

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  Litigation & Dispute Resolution

Professional Experience
Josh Fleming concentrates his practice in product liability and general commercial litigation. He has defended clients around the country in litigation involving product liability and premises liability claims, and complex and mass toxic tort claims, as well as prosecuting and defending a variety of commercial claims. He has represented clients in both state and federal courts and at the appellate level.

Josh’s litigation experience includes prosecuting and defending breach of contract and UCC Article 2 claims, as well as enforcement of restrictive covenants contained in employment agreements, defending trade secret claims, and other business related disputes. Josh serves as national counsel to a medical device manufacturer on restrictive covenant enforcement and counsels clients on risk avoidance related to restrictive covenants. In addition, Josh has served as national counsel to product manufacturers in a variety of industries, including automotive restraints, industrial and construction equipment, motorcycles, and chemicals. Josh also regularly advises and defends land owners and contractors in catastrophic loss and property damage claims arising out of construction accidents and fire losses.

Education and Honors
  • Marquette University Law School (J.D., cum laude, 2000)
    National Moot Court Team.
  • Marquette University (B.S., 1996)
    Degree: Business Administration with an emphasis in Marketing and Economics.
Bar Admissions
Indiana, 2006
Wisconsin (inactive), 2000

Professional Recognition
  • Listed in The Best Lawyers in America® (2013-2014).

  • Selected for inclusion in Indiana Super Lawyers-Rising Stars® 2010-2012 Editions.

Professional and Civic Activities
  • Defense Research Institute (Member).

  • American Bar Association (Member).

  • Indiana State Bar Association (Member).
Selected Presentations/Publications
  • “The Impact of Social Media on Product Liability Litigation,” Defense Trial Counsel of Indiana, Indiana Civil Litigation Review, Vol. IX, 2012. 
  • “Electronic Discovery and Litigation Holds in Business Litigation,” ICLEF Seminar, June 2012.
  • “In-House Experts and the Impact of FRCP 26 Amendments,”, Chicago, June 2012. 
  • “There’s An App for That: iPad and Trial Technology for the 21st Century,” DRI Products Meeting, April 2012. 
  • “Challenging Ind.’s $5M Damage Cap,” Law 360, New York, NY, December 5, 2011. 
  • “Myspace Invasion: The Discoverability of Social Networking Sites,” Defense Trial Counsel of Indiana, Indiana Civil Litigation Review, Vol. VI, No. 2, 2009.