Joshua A.  Weiss

Joshua A. Weiss

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Background

Skilled trial attorney who takes complex cases to trial. Political lawyer at both the state and federal levels. Guides large companies through complex regulatory environments. Has successfully defended organizations against billions of dollars in damages and claims.

Joshua Weiss has built a unique practice pairing litigation with high-level government relations and policy expertise. From the courtroom to the Capitol, Joshua gets results for his clients.

As a litigator, Joshua represents a broad range of companies in federal and state courts, administrative and regulatory proceedings, mediation and arbitration. Joshua is sought by clients across industries, including construction, banking, health care, real estate, homeowners’ associations and cannabis/hemp. He brings hard-won expertise to highly regulated industries nationwide.

When disputes arise, Joshua leverages a decade of litigation experience to make sure his clients achieve the best possible outcome, from sophisticated courtroom representation to strategies avoiding costly litigation through settlement or negotiation. As an advisor and counselor, he uses sharp business sensibilities and deep political connections to understand a company’s specific needs when dealing with complex, sensitive and occasionally novel legal issues. 

Joshua is also one of the few litigators in Colorado who has extensive experience shaping policy at every level of government. As a policy advocate, he has drafted government cannabis regulations and influenced important discussions on methane emissions, federal regulations and banking policy. He leverages his experience and relationships to ensure his clients have a voice at the highest levels of government.

Prior to Brownstein, Joshua was a litigation associate at Williams & Connolly in Washington, D.C.

Representative Matters

Commercial Litigation

  • Obtained full and total victory on summary judgment, which was affirmed on appeal, in $23 billion claim alleging False Claims Act violations involving processing of Medicare Part D prescriptions against one of the nation’s largest healthcare providers. Engagement required managing voluminous discovery of millions of pages of documents, dozens of depositions, and substantial motions practice involving a then-existing circuit split regarding the government knowledge defense in False Claims Act cases.

  • Litigating on behalf of a local elected official sued by a local business owner in a dispute centered on ethics provisions, questions of jurisdiction and state constitutional law. Engagement requires creative and innovative litigation strategies in parallel forums while preserving remedies and appellate rights.

  • Represented homeowner’s association in major lawsuit against developers and builders involving a novel question of state law concerning the scope of the association’s real estate holding. Recovered a substantial financial settlement and a valuable parcel of land for the association following over one year of litigation through discovery and dispositive motions.

  • Counsel to Serratoga Falls, LLC, and affiliated entities, in defense of seventeen water, tort and common law claims that sought millions of dollars in damages and injunctions preventing construction of a 500-home subdivision. Prevailed on all claims after a seven-day bench trial, obtained land development approval and received full attorneys’ fees and costs.

Government Relations

  • Represented a coalition of gyms, fitness companies and small businesses affected by COVID-19 pandemic and government responses to the pandemic, including safety guidance, forced closures, and financial assistance. Counseled the coalition in interpreting mask and distancing rules, secured audience with various government officials, and engaged on legislation that would have significantly impacted business owners.

  • Built relationships with government officials and connections with potential business partners on behalf of innovative start-up tech company focused on monitoring and reducing greenhouse gas emissions at oil and gas sites. Engagement includes drafting and advocating specific regulations and legislation in support of client’s objectives.

  • Counsel to various national gaming companies in matters including government contracting, regulatory compliance, political guidance, and strategic business advice.

Cannabis and Hemp

  • Providing nationwide state and local political strategy and regulatory guidance regarding the cannabis industry for multinational agricultural company.

  • Provided regulatory and compliance counsel for large regional bank that enabled the bank to expand its hemp-related business and service providers deposit accounts despite lingering uncertainties in the hemp banking space.

  • Representing one of the nation’s largest private landowners in litigation related to growing, harvesting and processing of hemp into CBD.

  • Advising a large and award-winning manufacturer of cannabis consumption devices on government relations and regulatory issues. In addition to providing industry and legislation monitoring services, counsel includes the development and execution of outreach strategies ranging from state-level legalization efforts to federal rulemaking.

Insights & Publications

Credentials

Education

  • J.D., 2011, The George Washington University Law School, magna cum laude
  • B.A., 2008, University of Florida, cum laude

Previous Experience

Litigation Associate, Williams & Connolly (Washington, D.C.)

Clerk, U.S. District Court for the Eastern District of Michigan (Chief Judge Gerald E. Rosen)

Clerk, U.S. Court of Appeals for the Fifth Circuit (Judge Edward C. Prado)

Admissions

  • Colorado
  • Virginia
  • District of Columbia
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. District Court, District of Colorado
  • U.S. District Court, Eastern District of Virginia

Memberships

Board of Trustees, Denver Bar Association

Community Involvement

COMMUNITY INVOLVEMENT:

Board of Directors, Liver Health Connection

Chair, Board of Directors, Resource Central