Joshua M. Fliegel

Associate

Chicago
T +1.312.416.6211
F +1.312.416.6215

Overview

Josh Fliegel’s litigation practice serves clients in both state and federal courts, and extends to areas as diverse as insurance, real estate, labor and employment, trade secrets and beyond. Josh applies a strong work ethic and sharp legal knowledge to his representation, and takes a careful, customized approach to each client’s matter. From contract disputes and business torts to unfair competition claims and class actions, Josh’s range of experience offers a well-rounded perspective.

Select Experience

  • Obtained defense judgment on behalf of client in bench trial for breach of contract claims in which ‎the court also awarded the client costs.
  • Conducted bench trial in labor and employment matter resulting in full judgment ‎for the client and dismissal of the case.
  • Drafted two summary judgment motions, and opposed two summary judgment motions, in defense of two clients in a consolidated defamation and consumer protection act matter alleging over $2 million in damages. Resulted in the dismissal of seven of the plaintiffs’ nine claims by the judge, and one plaintiff voluntarily dismissing its two remaining claims with prejudice within a week, ending the case.
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Experience

  • Obtained defense judgment on behalf of client in bench trial for breach of contract claims in which ‎the court also awarded the client costs.
  • Conducted bench trial in labor and employment matter resulting in full judgment ‎for the client and dismissal of the case.
  • Drafted two summary judgment motions, and opposed two summary judgment motions, in defense of two clients in a consolidated defamation and consumer protection act matter alleging over $2 million in damages. Resulted in the dismissal of seven of the plaintiffs’ nine claims by the judge, and one plaintiff voluntarily dismissing its two remaining claims with prejudice within a week, ending the case.
  • Drafted motion for summary judgment and response to cross-motion for summary judgment in federal ‎court in defense of over $600,000 of alleged damages in a two-count complaint. The judge granted ‎summary judgment for the client on both counts, dismissing the case with prejudice.
  • Drafted complaint and motion for temporary restraining order and preliminary injunction in federal ‎court to enforce client’s employment and non-compete agreement. After two hearings, the judge ‎granted both, enforcing the contract in full.
  • Assisted in representing large electric utility company in breach of contract action, including drafting a ‎response to a motion to dismiss two affirmative defenses and a counterclaim, resulting in a denial of ‎all three.
  • Member of team that drafted an appellate brief concerning issues of first impression in Illinois. Resulted in ‎a lower court reversal and an opinion creating new law in Illinois holding that shareholders maintain ‎standing to sue derivatively on behalf of a corporation that became insolvent following initiation of ‎lawsuit alleging that directors had breached their fiduciary duties.
  • Assisted in performing an internal investigation regarding possible violations of the Commodities ‎Exchange Act.
  • Drafted summary judgment motion in defense of large telecommunications provider which resulted in its ‎dismissal from the case.
  • Lead associate in drafting a motion for a temporary restraining order, which was granted. Case settled soon after.
  • Drafted two motions to dismiss in defense of two complaints alleging client was involved in a ‎nationwide price-fixing conspiracy. Plaintiff did not defend against the motions and voluntarily ‎dismissed client from both cases shortly thereafter.
  • Assisted in representing Cook County citizens in the prosecution of Chicago government individuals ‎and agencies for political patronage and subsequent enforcement decrees.
  • Drafted motion for summary judgment based on federal preemption affirmative defenses in ‎defense of client, a large switching terminal railroad, in a property rights dispute where plaintiffs ‎attempted to eject client from their land.
  • Drafted oppositions to summary judgment motions in various cases resulting in two denials of summary ‎judgment and one party to withdraw its motion.
  • Assisted in researching and drafting an appellate response brief to a petition for a writ of review and a ‎writ of mandate submitted to the California Court of Appeals, resulting in the petition being summarily ‎denied.
  • Assisted in researching and drafting a declaratory judgment action, an enforcement action and a Rule 25(c) ‎motion, all filed simultaneously, for clients who attempted to collect on their $156 million judgment ‎that was affirmed by the Seventh Circuit against individuals and organizations alleged to be alter egos ‎of judgment debtors found to have materially supported terrorist organizations, in violation of the Anti-‎Terrorism Act.

Recognitions and Memberships

Recognitions

  • Illinois Super Lawyers "Rising Star," Business Litigation (2021)

Memberships

  • Chicago Bar Association
    • The Anti-Violence Task Force: Co-founder 
  • Duke Law Chicago Board : Board member (2019 to present) 
  • Anti-Defamation League
    • Midwest Associate Regional Board Member (2018 to present)
    • Glass Leadership Institute: Member (2017 to 2018)

Community

  • USC Alumni Club of Chicago
    • President (2018 to 2020‎)
    • Secretary (2016 to 2018‎)

Pro Bono

  • Deposed state education official on behalf of individuals and groups of at-risk youth in case against the state of New Mexico for failing to provide a sufficient education system.
  • Assisted in representing consumers who claimed pet store chain violated consumer protection laws by selling unhealthy animals from a puppy mill. Worked with co-counsel from the Animal Legal Defense Fund and the Humane Society of the United States.
  • Assisted in representing client who alleged excessive force by prison guards, as well as the withholding of medication and other medical treatment.
  • Assisted in representing client who alleged deliberate indifference to his dental needs while incarcerated. Deposed multiple prison dentists and assistants regarding lack of dental care.

Prior Positions

  • District Attorney's Office, Orange County, North Carolina: Law Clerk (2015)
  • U.S. Attorney's Office, Eastern District, North Carolina: Appellate Division Law Clerk (2014)
  • The Honorable Joe L. Webster, U.S. District Court, Middle District of North Carolina: Judicial Intern (2014)
  • The Honorable Charles P. Kocoras, U.S. District Court, Northern District of Illinois: Judicial Intern (2013)

Admissions

  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Northern District of Illinois, Trial Bar
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. District Court, Central District of Illinois
  • U.S. District Court, District of Colorado
  • Illinois

Education

  • J.D., Duke University School of Law, 2015; Senior Staff Editor, Duke Journal of ‎Constitutional Law & Public Policy
  • B.A., University of Southern California, 2012, cum laude