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. Josh is the national chair of the Quarles Product Liability, Toxic Tort and Personal Injury Litigation Practice Group.
Experience in Action
- Advising on the risks associated with restrictive covenants, enforcing a client’s covenants and defending clients (and affiliates) following a competitive hire.
- Advising on the unique risks faced by product manufacturers and distributors during due diligence for transactions and when issues arise involving product performance or possible injury-causing events.
Successes
- As national product liability counsel, managing a team of lawyers representing a client across the country against claims and lawsuits allegedly arising from the use of the client’s products.
Capabilities
Professional Recognitions
- Indiana Super Lawyers® (2015-2019: Personal Injury Defense: Products)
- Best Lawyers in America® (2013-present: Commercial Litigation)
- Acritas Stars database, recognizing outstanding client service (2020, 2021)
- Indiana Super Lawyers® "Rising Stars" (2010-2012)
Professional & Civic Activities
- Defense Research Institute, member
- American Bar Association, member
- Indiana State Bar Association, member
News & Insights
Education
- Marquette University Law School (J.D., cum laude, 2000)
- Marquette University (B.S., 1996)
- Degree: Business Administration with an emphasis in Marketing and Economics
Bar Admissions
- Indiana