Overview

Josh Mahoney is a commercial litigator and trial attorney in the Chicago office. His practice is focused on representing clients in all types of disputes involving antitrust and competition-related issues, including price fixing, bid rigging, monopolization claims and trade-secret misappropriation.

Josh also regularly defends companies and their executives facing investigations and white-collar proceedings brought by the DOJ, SEC, other regulatory bodies and private plaintiffs.

Josh has litigated alongside and against some of the best trial lawyers in the country and leverages this experience to develop winning case strategies for clients on day one. He has helped clients achieve significant wins in high stakes disputes both at trial and on appeal, as well as in private arbitration.

Prior Experience

Before joining the firm, Josh practiced commercial litigation at Kirkland & Ellis LLP in Chicago. He clerked 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. Prior to law school, Josh served as a paralegal for Iowa Legal Aid through the AmeriCorps program.

Personal Interests

While in college, Josh played linebacker for the University of Northern Iowa Panthers football team and was a two-time Division I Academic All-American and two-time All-Missouri Valley Conference First-Team selection, leading the team and conference in tackles his junior and senior years. After his senior season, he was named an Academic Heisman finalist and received the NCAA Walter Byers Award—the NCAA’s highest academic honor given annually to one student-athlete in any NCAA sport in any division of play.

Josh and his family recently moved back to Chicago after working in Faegre Drinker’s Denver and Boulder offices the last few years.

Representative Antitrust Matters

  • Counsel for eight-affiliated dental health insurance plans in consolidated class actions brought by dental providers across the country challenging certain business practices and agreements as anticompetitive under the Sherman Antitrust Act.
  • Counsel for large international electronics manufacturer and its U.S. subsidiary in multidistrict litigation spanning more than a decade involving allegations of an international price fixing cartel in the cathode ray tube industry, which supplies manufacturing components for television and computer monitor screens.
  • Counsel for national insurer in multidistrict litigation proceedings involving several class action lawsuits brought by autobody repair shops accusing insurers of conspiring to suppress reimbursement rates for collision repairs and boycott certain repair shops in violation of the Sherman Antitrust Act and various state laws. Obtained favorable dismissal of bellwether claims in the MDL, which was affirmed on appeal by the Eleventh Circuit in en banc proceedings.
  • Represented national construction company in parallel criminal and civil proceedings brought by federal, state, and local authorities stemming from allegations of improprieties relating to a large-scale public construction project. Matter settled favorably while avoiding litigation or disbarment proceedings.
  • Defended several Blue health plans in consolidated class actions brought by all Blue insureds and all healthcare providers challenging BlueCross BlueShield system under state and federal antitrust laws.
  • Defended pork processing company in an antitrust conspiracy case alleging an anticompetitive agreement among pork producers to reduce nationwide pork supplies and exchange competitively sensitive information with other pork producers to raise pork prices to all users.

Representative Non-Antitrust Matters

  • Counsel for global pharmaceutical company in trade secret misappropriation case involving allegations of theft of commercial information.
  • Counsel for national healthcare provider in pending invasion of privacy class action in Illinois state court.
  • Represented 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 until reaching a successful settlement of all claims.
  • Represented 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.
  • Counsel for the State of Georgia in a rare “original jurisdiction” water rights dispute with the State of Florida before the United States Supreme Court. The case culminated in a five-week bench trial that resulted in two different Special Master Report and Recommendations, each of which rejected Florida’s claim seeking an equitable apportionment of the water flowing from Georgia into Florida. Final victory in the case was achieved in April 2021 after the Supreme Court overruled Florida’s objections to the second Special Master’s Report.

Credentials

Bar Admissions

Colorado
Illinois

Court Admissions

U.S. District Court for the Northern District of Illinois
U.S. District Court for the District of Colorado

Certifications

VA accreditation

Clerkships

U.S. District Court for the Northern District of Illinois, Hon. Rebecca Pallmeyer, 2014-2015
U.S. Court of Appeals for the Eighth Circuit, Hon. Michael J. Melloy, 2013-2014

Education

University of Chicago Law School
J.D. with honors, The University of Chicago Legal Forum (articles editor) (2013)

University of Northern Iowa
B.A. in Economics and English, summa cum laude (2009)

Insights & Events

Leadership & Community

Pro Bono

  • National Veterans Legal Services Program

Professional Associations

  • American Bar Association — Young Lawyer & Economist Representative (YLR) Program, 2021-22 
  • Faculty of Federal Advocates

Civic Activities

  • Center for Conflict Resolution – Auxiliary Board, 2016-19
  • LINK Unlimited Mentorship Program, 2012-present

Honors

  • Faegre Baker Daniels — Pro Bono Honor Roll, 2019
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