Josh Gardner is a first-chair trial attorney who has practiced at the intersection of law and public policy across five administrations for more than two decades in the US Department of Justice (DOJ) and private practice. He has successfully led multiple trial teams through more than a dozen bench and jury trials, including some of the most consequential cases involving the federal government. Josh has provided strategic counsel and guidance to the White House and federal agencies in high-profile litigation and congressional investigations. He has prepared multiple witnesses for congressional testimony and represented high-level officials in numerous transcribed interviews and depositions on the Hill. Josh has extensive experience in defending depositions on behalf of cabinet and sub-cabinet agency officials in federal court cases. Josh has argued dozens of dispositive and discovery motions and has extensive experience working with expert witnesses. He is recognized for training and developing successful trial teams.
Presidential Rank Award, United States Government, (2024)
Special Commendation Award, United States Department of Justice Civil Division, (2010, 2024)
Training & Professional Development Award, United States Department of Justice, (2015)
Special Commendation Award, United States Department of Justice, (2014)
Honors Award, United States Department of Agriculture, (2011)
Award for The Trial of Litigation, Attorney General's John Marshall, (2007)
Education
J.D., The George Washington University Law School
B.A., University of Central Florida
Publications
Author, "Demystifying The Civil Procedure Rules Amendment Process," Law360, September 9, 2025
Seminars
Speaker, "Taking Effective Depositions," US Army Legal Services Agency, 43rd (Basic) Federal Litigation Course, September 10, 2025
Speaker, "Handling Temporary Restraining Orders and Preliminary Injunctions," US Army Legal Services Agency, 43rd (Basic) Federal Litigation Course, September 10, 2025
Panelist, "Views from the Courtroom," UC Berkeley School Law, Iqbal at 15 Symposium, August 22, 2025
Josh served as a law clerk to the Honorable Justice Barbara J. Pariente of the Florida Supreme Court from 2000 to 2002.
Prior Experience
Prior to joining DLA Piper, Josh was a senior attorney in the Federal Programs Branch, Civil Division at the DOJ. He worked with the White House and virtually every federal agency at all stages of litigation—from counseling and litigation risk assessments before lawsuits had been filed through appeal and post-judgment compliance.
Josh has tried cases in numerous district courts in every circuit in the United States. During his tenure, he has successfully litigated some of the most consequential cases involving the United States:
Lead counsel in a First Amendment and Administrative Procedure Act (APA) class action challenge brought by two states and several individuals against the White House and numerous federal agencies alleging that the United States coerced social media platforms in seeking to prevent the dissemination of misinformation concerning COVID-19 and the 2020 election. The Supreme Court concluded the plaintiffs lacked standing
Lead counsel on behalf of the United States concerning what at the time was the largest federal government data breach in history. The case settled for US$1.7 million under a claims process despite the plaintiffs seeking more than US$1 billion in damages
Lead trial attorney in multiple trials representing the United States in constitutional challenges to the inclusion of a citizenship question on the 2020 decennial census
Co-lead trial counsel in a nine-week class action trial seeking US$40 billion in damages brought by American International Group's (AIG) shareholders alleging that the federal government's rescue of AIG during the 2008 financial crisis constituted a taking and an illegal exaction. The trial court awarded no damages, and the Federal Circuit reversed the trial court's liability determination
Participated as lead or co-counsel in nine trials concerning billions of dollars in claimed damages brought by nuclear utility companies against the Department of Energy based upon the delay in acceptance of the companies' spent nuclear fuel
Josh has supervised teams of lawyers in employment discrimination litigation, including suits challenging government decisions, policies, practices, and regulations affecting employment based on Title VII, the Age Discrimination in Employment Act, the Rehabilitation Act, and other statutes. He has also managed all stages of affirmative and defensive litigation concerning the federal government, including high-profile challenges implicating significant constitutional and national security issues to statutes, government policies, and programs.
Josh previously served as the Acting Chief of Staff for DOJ’s Office of Legislative Affairs. In that role, he prepared and defended witnesses in transcribed interviews and depositions, prepared multiple high-level officials for congressional testimony, and provided responses to congressional requests for information.
Josh also worked with the Advisory Committee on Civil Rules, where he worked alongside judges, law professors, and practitioners in the development of amendments to the Federal Rules of Civil Procedure.
Josh also worked as a trial attorney in the Commercial Litigation Branch at the DOJ, where he handled numerous trials seeking millions of dollars in damages. Prior to joining the DOJ, he worked as an associate at a major Am Law 100 international law firm.
Teaching and Training Experience
Lecturer on Law at Harvard Law School, co-teaching a course concerning legal and ethical issues relating to government lawyers, (2025)
Professorial Lecturer in Law at The George Washington University Law School, co-teaching several one- and two-semester courses to first year, upper level, and LLM students, including: Pretrial Advocacy, Government Lawyering, and Legal Writing and Oral Advocacy, (2004 – present)
Instructor/Lecturer at The National Advocacy Center, instructing DOJ lawyers on a variety of civil pretrial, trial advocacy, and evidence courses, (2008 – present)
Trainer for various government agencies, United States Attorney's Offices, and private groups on a variety of litigation-related topics, (ongoing)
