Josh Mahoney

His national litigation and trial practice cuts across different industries and types of matters, with recent engagements in the real estate, aviation, insurance, private equity, and medical device industries.

Josh also regularly advises clients on a range of state and federal regulatory issues relating to Department of Justice (DOJ) and Federal Trade Commission (FTC) enforcement policies, Federal Aviation Administration (FAA) Grant Assurances, state Departments of Insurance (DOIs) and insurance laws, and federal and state health care laws and regulations. 

Representative Antitrust Engagements

Select antitrust investigations and cases include representing:

• Medical device coating supplier and seller in FTC merger challenge, which culminated in a two-week bench trial and denial of FTC’s request to enjoin transaction.
• Three nationally recognized liberal arts colleges defending antitrust claims brought by college students for alleged price-fixing conspiracy regarding early-admissions process.
• National real estate brokerage company defending competitor lawsuit alleging group boycott and price-fixing claims relating to multiple listing service (MLS) sites and in multiple pending large-scale antitrust actions involving rules promulgated by the National Association of Realtors.
• Eight affiliated dental health insurance plans in consolidated antitrust class actions involving alleged market division and price fixing. 
• Two university schools defending antitrust claims brought by college students against national private universities for alleged conspiracy involving financial aid determinations.
• Counsel for pork-processing company in antitrust action alleging anticompetitive conspiracy among pork producers to reduce nationwide pork supplies.
• Counsel for national construction company in parallel criminal and civil proceedings brought by federal, state, and local authorities stemming from allegations of improprieties related to a large-scale public construction project. Matter settled favorably while avoiding litigation or disbarment proceedings.
• Counsel for national auto insurer in multidistrict litigation proceedings involving lawsuits brought by autobody repair shops accusing insurers of conspiring to suppress reimbursement rates for collision repairs. Obtained favorable dismissal of bellwether claims in the multidistrict litigation, which was affirmed on appeal by the Eleventh Circuit in en banc proceedings.

Representative Complex Commercial Engagements

Select commercial disputes include representing:

• Chicago-based residential housing management and leasing company defending putative class actions alleging source-of-income and racial discrimination under fair housing laws.
• Quasi-public commuter rail service company as plaintiff seeking damages from management company-lessee for breach of contract.
• Financial services company as plaintiff in lawsuit against former wealth advisor and company for alleged breaches of nonsolicitation agreement and tortious interference.
• Global pharmaceutical company in trade secret misappropriation case involving allegations of theft of commercial information. Won complete defense verdict on all claims at summary judgment.
• National health care provider in invasion-of-privacy and hostile work environment claims brought by putative class of current and former employees of client clinic. Won denial of class certification and thereafter achieved favorable settlement.
• Counsel for publicly traded major chemical company in dispute involving more than $1 billion in engineering and construction cost defects and overruns at multiple plants. Investigated and prepared board report and litigated matter in private arbitration before reaching successful resolution of all claims.
• Counsel for consumer electronics and technology company as plaintiff in fraud and breach-of-contract case with third-party logistics provider. Case settled favorably after court denied summary judgment to defendant on fraud claims.

At his prior firm, Josh was trial co-counsel for the State of Georgia in a rare “original jurisdiction” water rights dispute with the State of Florida that twice reached the U.S. Supreme Court. The five-week bench trial resulted in two different Special Master decisions rejecting Florida’s claim seeking an equitable apportionment of the water flowing from Georgia into Florida. Final victory was achieved in April 2021 after the Supreme Court overruled Florida’s objections to the second Special Master’s report.

Prior Experience

Josh started his career as a judicial clerk for the Hon. Chief Judge Rebecca Pallmeyer of the Northern District of Illinois and the Hon. Michael J. Melloy of the Eighth Circuit Court of Appeals. He practiced commercial litigation at another international firm in Chicago before joining Faegre Drinker.

Josh played Division I football for the University of Northern Iowa and led his team and the conference in tackles his junior and senior seasons. He received two Academic All-America and All-Missouri Valley Conference selections at linebacker. Following his senior year, he was named an Academic Heisman finalist and received the NCAA Walter Byers Award, which is the NCAA’s highest academic honor awarded annually to one student-athlete in any sport and division of play.