Josh Fleming concentrates his practice in general commercial counseling and litigation, as well as product liability defense. He regularly consults with clients on commercial risk avoidance involving acquisitions, relationship terminations, restrictive covenant drafting, compliance and enforcement, and other related matters. Josh also advises clients on product liability risk assessment during due diligence and when issues arise involving product performance or possible injury-causing events.
When the need arises, and unfortunately it does, Josh helps his clients navigate litigation with an eye toward cost-effective, efficient, and aggressive representation. His litigation practice covers a variety of areas, including contract litigation, distributor termination litigation, restrictive covenant enforcement and defense, trade secret and unfair trade practices, and product liability defense. Josh has represented clients around the country in litigation in both state and federal courts and at the appellate level.
Josh serves as national counsel to a medical device manufacturer advising it on the risks associated with restrictive covenants and, when needed, enforcing the client’s covenants and defending the client and its distributors following a competitive hire. In addition, Josh also serves as national counsel to the same medical device manufacturer on its general product liability litigation portfolio where Josh manages a team of lawyers representing the client across the country against claims and lawsuits allegedly arising from the use of the client’s products.
Josh’s approach to risk avoidance, practical business-minded counseling, and efficient and aggressive representation has achieved tremendous results for his clients around the country.
Education and Honors
- Marquette University Law School (J.D., cum laude, 2000)
- Marquette University (B.S., 1996)
- Degree: Business Administration with an emphasis in Marketing and Economics
Professional and Civic Activities
- Defense Research Institute (member)
- American Bar Association (member)
- Indiana State Bar Association (member)
- Selected for inclusion in Indiana Super Lawyers®, Personal Injury Defense: Products, 2015-2019
- Listed in The Best Lawyers in America®, Commercial Litigation, 2013-present
- Selected for inclusion in the Acritas Stars database, recognizing outstanding client service, 2020, 2021
- Selected for inclusion in Indiana Super Lawyers-Rising Stars®, 2010-2012 Editions