Joshua P. Ackerman
Bartlit Beck LLP, 2014-Present, Partner (since 2019)
McKinsey & Company, Engagement Manager, 2007-2010
Keller v. Legacy Farmers Cooperative (Hancock County, OH)
Representing third-party defendant Bayer CropScience LP in action for indemnification and contribution related to Legacy’s alleged misuse of Bayer’s neonicotinoid pesticides.
In re Domestic Drywall Antitrust Litigation (Federal Court, E.D. Pa.)
Defending the leading U.S. drywall manufacturer against allegations that drywall manufacturers conspired to fix prices for gypsum drywall. This multidistrict litigation matter was consolidated in the U.S. District Court for the Eastern District of Pennsylvania.
CASES TRIED OR OTHERWISE TAKEN TO JUDGMENT
Mass. Mutual Life Ins. Co. Residential Mortgage-Backed Securities Litigation (Federal Court, D. Mass.) Represented MassMutual in its actions under the Massachusetts Uniform Securities Act, against underwriters Credit Suisse and Goldman Sachs, arising from their sales of residential mortgage-backed securities to MassMutual in 2005-2007. Credit Suisse settled after four weeks of trial, taking an additional $79.5 million charge to earnings because of the settlement payment. Goldman Sachs settled shortly thereafter.
Other representative cases
Avantor Performance Materials, LLC v. Henson (Denton County, Texas)
Trial counsel for life sciences company and chemical supplier Avantor in breach of contract and trade secrets action against former employee. Avantor’s claims related to Defendant’s violation of, among other things, a non-compete provision in his employment agreement. Obtained TRO precluding Defendant from working with his new employer in a competitive role.
Cole v. Asurion and T-Mobile (Federal Court, Ninth Circuit)
Represented Asurion and T-Mobile in objector’s appeal from district court’s approval of settlement of a consumer class action related to cell-phone insurance.
High 5 Games, LLC v. IGT (Federal Court, N.D. Ill.)
Trial counsel for leading casino-style game developer IGT in breach of contract and trademark dispute with supplier. The dispute involved the parties’ respective rights and obligations related to intellectual property created under their game development agreement. Case settled.
ContentGuard Holdings, Inc. v. Amazon.com, Inc. et al. (Federal Court, E.D. Tex.)
Trial counsel for Amazon.com in a patent infringement suit about Amazon’s use of digital rights management technology. Case settled favorably shortly before trial.
PRO BONO REPRESENTATIONS
Mike Iwebuke Ashien v. William P. Barr (Federal Court, Ninth Circuit)
Lead appellate counsel challenging the denial of Mr. Ashien’s petition for asylum, withholding of removal, and relief under the Convention Against Torture. Argued appeal before the Ninth Circuit, which granted Mr. Ashien’s petition, holding that the Board of Immigration Appeals' adverse credibility finding was unsupported. The decision is available here, and video of the argument is available here.
Kenyatta Brown v. Monaka Williams and John R. Baldwin (Federal Court, N.D. Ill.)
Pro bono trial counsel in civil rights action related to prison official's retaliation against Mr. Brown for exercising his First Amendment rights.
In re Estate of M.T. (Kankakee Cty., Ill. Cir. Ct.)
Pro bono counsel for allegedly disabled adult in contested guardianship proceeding. Successfully obtained revocation of temporary guardianship order and withdrawal of petition for permanent guardianship.
Curtis Fisher v. Department of Corrections, et al. (Federal Court, Ninth Circuit)
Lead pro bono appellate counsel in civil rights action related to defendants’ refusal to allow Mr. Fisher to exercise his Constitutional right to marry. Case settled favorably, and Mr. Fisher was able to marry his fiancée.
Navigating Rule 5.6’s Settlement Restrictions, Attorneys’ Liability Assurance Society Loss Prevention Journal, (Fall 2016) (with Adam Hoeflich).
Crime-Fraud Challenges to the Attorney-Client Privilege and Work Product Doctrine: Why Lawyers Should Care, Attorneys’ Liability Assurance Society Loss Prevention Journal, (Winter 2016) (with Adam Hoeflich).
The Unintended Federalism Consequences of the Affordable Care Act’s Insurance Market Reforms, Pace Law Review (2014)
A Common Law Approach to D&O Insurance “In Fact” Exclusion Disputes, University of Chicago Law Review (2012)