Fliegel, Josh

Joshua Fliegel




Josh Fliegel concentrates his practice in the area of complex commercial litigation in both state and federal court. A member of the Trial Bar for the Northern District of Illinois, Josh has tried cases and regularly represents clients in a variety of business law matters, including contract disputes, business torts, trade secret and unfair competition claims, internal investigations, real estate disputes and class actions. Additionally, Josh maintains an active pro bono practice, in which he has represented individuals and organizations in a variety of civil proceedings.

Representative Experience

Josh’s experience includes:

Business Litigation

  • 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; judge granted summary judgment for our client on both counts, dismissing the case with prejudice in its entirety
  • Assisted in representing a large electric utility company in a breach of contract action, including drafting a response to a motion to dismiss two affirmative defenses and a counter-claim, resulting in a denial of all three
  • Drafted summary judgment motion in defense of large telecommunications provider, which resulted in its dismissal from the case
  • Drafted a motion for summary judgment based on our federal preemption affirmative defenses in defense of our client, a large switching terminal railroad, in a property rights dispute where plaintiffs are attempting to eject our 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 a declaratory judgment action, an enforcement action and a Rule 25(c) motion, all filed simultaneously, for our clients who are attempting to collect on their $156 million judgment that was affirmed by the Seventh Circuit against individuals and organizations who we allege are alter egos of judgment debtors found to have materially supported terrorist organizations in violation of the Anti-Terrorism Act

Class Actions

  • 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


  • Obtained defense judgment on behalf of a client in a bench trial for breach of contract claims in which the court also awarded costs to our client
  • 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

Labor & Employment

  • Conducted a bench trial in defense of a client in a labor and employment matter resulting in full judgment for our client and a dismissal of the case

Unfair Competition, Trade Secrets, Non-Competition Agreements

  • Drafted complaint and motion for a temporary restraining order and a preliminary injunction in federal court to enforce our client’s employment and non-compete agreement; after two hearings, the judge granted the TRO and then the PI enforcing the contract in full
  • Lead Associate in drafting a motion for a TRO, which was granted; case settled soon after

White Collar

  • Assisted in performing an internal investigation regarding possible violations of the Commodities Exchange Act
  • Drafted two motions to dismiss in defense of two complaints alleging our client was involved in a nation-wide price fixing conspiracy; plaintiff did not defend against our motions and voluntarily dismissed our client from both cases shortly thereafter
  • Assisted in representing the Cook County citizens in the prosecution of Chicago government individuals and agencies for political patronage and subsequent enforcement decrees

Josh’s pro bono experience includes:

  • Deposed state education official in a large case in which we are assisting in representing many individuals and groups of at-risk students who are suing New Mexico for failing to provide a sufficient education system. Judge ruled for our client, declaring that New Mexico has an inadequate education system in violation of its constitution. See the full opinion here
  • Assisted in representing consumers who claimed that a pet store chain violated consumer protection laws by selling sick puppy mill puppies; worked with co-counsel from the Animal Legal Defense Fund (ALDF) and the Humane Society of the United States (HSUS); case settled. For more information, see the HSUS press release and the ALDF press release
  • Assisted in representing our client who alleged excessive force by his prison guards and the withholding of his medication and other medical treatment; client received his medication and treatment shortly after our correspondence with the prison

Professional History

  • Locke Lord LLP
    • Associate, Sep. 2015-Present
  • District Attorney’s Office for Orange County, North Carolina
    • Law Clerk, Jan.-April 2015
  • U.S. Attorney’s Office, Eastern District of North Carolina
    • Appellate Division Law Clerk, Aug.-Nov. 2014
  • The Honorable Joe L. Webster, Middle District of North Carolina
    • Judicial Intern, Jan.-May 2014
  • The Honorable Charles P. Kocoras, Northern District of Illinois
    • Judicial Intern, May-Aug. 2013

Professional Affiliations and Recognitions

  • Chicago Bar Association
    • Co-Chair and Co-Founder, The Anti-Violence Task Force
  • Duke Law Chicago Board
    • Board Member
  • USC Alumni Club of Chicago
    • Secretary, 2016-2018
    • President, 2018-2020
  • Anti-Defamation League
    • Glass Leadership Institute Member, 2017-2018
    • Midwest Associate Regional Board Member, 2018-Present