Josh Gardner

• Quoted, "FirstEnergy: Reaffirming Upjohn's Approach to Privilege in Internal Investigations," Anti-Corruption Report, December 3, 2025
• Mentioned, "Unions Say Agencies Can't Handle Resignation Offer Dispute," Law360, June 6, 2025
• Mentioned, "Musk, DOGE Fail to Nix States' Suit Against 'Limitless' Power," Law360, May 28, 2025
• Mentioned, "Gov't Fights Latest Challenge to Worker Resignation Offer," Law360, May 9, 2025
• Mentioned, "Musk, DOGE, Trump Look to Toss USAID Dismantling Suit," Law360, May 2, 2025
• Mentioned, "DOJ Defends Musk's Influence Against States' Challenge," Law360, March 10, 2025
• Mentioned, "State AGs Can't Yet Block Musk from Accessing Agency Data," Law360, February 18, 2025
• Mentioned, "Trump's Federal Worker Resignation Offer Gets Green Light," Law360, February 12, 2025
• Mentioned, "DHS Wants NM Pot Cos.' Property Seizure Suit Tossed," Law360, January 15, 2025
• Mentioned, "EPA Drops Louisiana Environmental Justice Investigations," Law360, June 27, 2023

Prior to joining AKD Partners, 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.

• 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)