Josh Borger is an aggressive litigator with the knowledge and experience to pursue or defend you in your case. He practices commercial and civil litigation in a variety of areas, including unfair business practices, breach of contract, trademarks, trade secrets, fraud, employment, insurance coverage and litigation, Proposition 65, and general business litigation. In addition to his litigation work, Josh represents companies in nonlitigation matters, including employment matters and licensing agreements.
Following law school, Josh clerked for the Honorable Margaret B. Seymour in the United States District Court for the District of South Carolina. After clerking, he spent two years as a staff attorney for the Environmental Law Foundation, focusing on governmental violations of natural resource laws. He then spent eleven years litigating a variety of cases at the law firm of Robinson & Wood, Inc.
- United States District Court for the Northern District of California
- United States District Court for the Central District of California
- United States District Court for the Eastern District of California
- United States Ninth Circuit Court of Appeals
- Boston College Law School, J.D.
- Muhlenberg College, B.A. in Philosophy and Economics, Summa Cum Laude
- Santa Clara County Bar Association
Board of Trustees
Executive Committee, former member
- The Honorable William A. Ingram Inn of Court
- Successfully defended an expert witness in an underlying lawsuit in a jury trial in which the plaintiff alleged that he lost the underlying lawsuit because of the expert.
- Represented an independent consulting firm specializing in flooring covering failures before the U.S. Patent and Trademark Office in response to the PTO’s denial of its trademark application.
- Obtained a judgment for a former university professor in his lawsuit against the university for failure to pay him all wages and benefits due under his contract.
- Successfully negotiated a very favorable settlement of a Proposition 65 lawsuit on behalf of an international manufacturer of hardware products.
- Represented individuals in extended litigation, including a lengthy jury trial, alleging trade secret misappropriation against an international bank.
- Represented multiple homeowners in their lawsuits against contractors for breach of contract and fraud.
- Represented a governmental entity against claims of harassment and age discrimination by a per diem nurse.
- Represented purchasers of an almond orchard against the sellers for breach of contract and fraud.
- Represented a former university golf pro in his lawsuit against the university for breach of his employment contract.
- Represented a manufacturer of automotive components against its attorney for malpractice in the underlying lawsuit.
- Represented an elderly individual against a home health care service for financial elder abuse.
- Obtained a very favorable settlement of a lawsuit on behalf of individuals accused of misappropriating a company’s trade secrets after the company purchased their prior employer.
- Represented a nonprofit in an appeal against a manufacturer of dental amalgam for allegedly failing to provide a proper notice under Proposition 65. (Environmental Law Foundation v. Wykle Research, Inc. (2005) 134 Cal. App.4th 60)
- Successfully represented on appeal a Vietnamese calendar distribution corporation and its owner against the former owners for misappropriating the trade secret customer list and using it to solicit business for a competing company. (Huong Que, Inc. v. Luu (2007) 150 Cal. App.4th 400)
- Nuts and Bolts of Financial Elder Abuse. Western Association of Aging Lifecare Managers. August 2019.
- The Ins and Outs of Joint Ventures. San Jose Chapter 13 Bankruptcy Committee. August 2019.
- Nuts and Bolts of Financial Elder Abuse. Professional Fiduciary Association of California (San Mateo County Chapter). June 2019.
- Duties and liabilities of brokers and agents to the client: 101. Santa Clara County Association of Realtors. June 2019.
- Nuts and Bolts of Financial Elder Abuse. Professional Fiduciary Association of California (Santa Clara County Chapter). May 2019.
- Mechanic’s Liens, Stop Payment Notices & Payment Bonds. Bay Area Subcontractors Association. May 2019.
- Contracts 101. Bay Area Subcontractors Association. May 2019.
- Contracts 101. Builder’s Exchange of Santa Clara County. March 2019.