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About Josh

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.

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.


  • 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.

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

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