First Admitted: 2000, Colorado

Professional Webpage: https://franklinsoto.law/attorneys/joshua-franklin/

Bar/Professional Activity:

Federal Bar Association, San Diego Chapter
U.S. Court of Appeals, Ninth Circuit
Hon. J. Clifford Wallace American Inn of Court (2015-2017)
Association of Business Trial Lawyers, San Diego Chapter
U.S. District Court, Southern District of New York
Executive Committee Member-at-Large, San Diego County Bar Association, 2016
U.S. Court of Appeals, Sixth Circuit
U.S. Court of Appeals, First Circuit
U.S. District Court, District of Colorado
U.S. District Court, Southern District of California
Admitted to practice in California (2009), New York (2015), and Colorado (2000).
U.S. District Court, Northern District of California
U.S. District Court, Central District of California
Chair of Insurance/Bad Faith Law Section - San Diego County Bar Association, 2017

Verdicts/Settlements (Case Results):

Represented attorney and law firm in defense of declaratory judgment action brought by professional liability insurer and in connection with counterclaim asserting claims for breach of contract and bad faith. The matter resolved on confidential terms following denial of insurer's motion for summary judgment and ruling that insurer owed duty to defend attorney sued for malpractice. , 2024
Represented subcontractor-defendant as coverage counsel in connection with wrongful death lawsuit in which commercial general liability insurer initially disclaimed coverage. Coverage dispute was resolved on confidential terms as part of global settlement of wrongful death lawsuit. , 2024
Represented construction company in connection with multi-million dollar builders risk and contractor's equipment insurance claims arising out of flood damage to $50 million stormwater channel improvement project. Disputed amounts were resolved on confidential terms following multi-million dollar recovery. , 2024
Represented subcontractor-insured as coverage counsel in connection with confidential resolution of claims against insured alleging multi-million dollar fire damage to Empower Field at Mile High. , 2023
Represented policyholder in challenging and obtaining reversal of homeowners insurer’s denial of coverage for destruction of vacation home., 2023
Obtained defense and indemnity coverage for lawsuit against investment advisory firm under Errors & Omissions Liability policy following denial of claim by insurer. , 2022
Defeated motion for partial summary judgment brought by D&O insurer, which sought to cut off damages for breach of the duty to defend, preclude recovery of settlement reached after insurer failed to defend, and obtain declaration that insured's damages for breach of the duty to defend were capped by the policy's remaining limits. , 2022
Obtained summary adjudication ruling that professional liability insurer breached its duty to defend in connection with multi-party lawsuit and arbitration brought against insured accounting firm and its partner. , 2021
Represented construction company in connection with multi-million dollar claim under builders risk insurance policy, which resolved on confidential terms. , 2021
Represented officers of non-profit provider of health, palliative, and hospice services in adversary proceeding alleging breach of fiduciary duty brought in bankruptcy court and in separate interpleader action brought by D&O insurer in federal court. Obtained confidential settlement resolving all claims in both actions. , 2020
Obtained partial summary judgment in federal court against insurer for breaching its duty to defend under Directors & Officers Liability policy and for breaching the policy by requiring the non-profit insured to satisfy a $50,000 retention as as condition of the policy's alternate duty-to-defend coverage. The Crosby Estate at Rancho Santa Fe Master Association v. Ironshore Specialty Ins. Co., 498 F.Supp.3d 1242 (S.D. Cal. 2020)., 2020
Represented biotech company in defending lawsuit brought in San Diego Superior Court alleging violations of California Business & Professions Code Section 17200 (unfair competition). The matter was resolved on confidential terms. , 2019
Represented manufacturer of semiconductor packaging in negotiating settlement of business interruption claim arising out of fire that destroyed the company's headquarters and primary manufacturing facility. , 2019
Represented beverage manufacturer in defending "qui tam" action alleging violations of the Insurance Fraud Prevention Act in connection with denial of former employee's workers compensation claim, and in successfully challenging D&O insurer's denial of coverage. The matter was resolved for less than the anticipated cost of defense, with a substantial contribution from the D&O insurer and an agreement to reimburse defense costs incurred above the policy's retention. , 2020
Represented pharmaceutical research company in coverage lawsuit filed in federal court against insurer in connection with handling of directors and officers liability ("D&O") claim. The matter settled on confidential terms. , 2020
Obtained settlement above policy limit in insurance bad faith action following denial of coverage under homeowner's policy for damage requiring replacement of roof., 2018
Obtained settlement with commercial general liability insurer that denied coverage for copyright and trade dress infringement claims based on an intellectual property exclusion in the applicable policy. Lawsuit was filed in federal court and alleged breach of contract and breach of the implied covenant of good faith and fair dealing in failing to defend and indemnify insured in underlying lawsuit., 2017
Obtained recovery of $3.8 million commercial property policy limit for manufacturer in connection with commercial insurance claim arising out of fire that destroyed manufacturer's primary facility., 2018
Obtained dismissal of antitrust claims brought against New Jersey sports authentication company in federal court in Los Angeles. Obtained orders quashing service of summons and complaint for lack of personal jurisdiction in subsequently filed state court lawsuits alleging conspiracy and other business torts., 2016
Obtained unanimous appellate decision affirming trial court's ruling that our client was entitled to 100% of life insurance proceeds from Servicemember's Group Life Insurance Act policy., 2017
In dispute over entitlement to approximately $400,000 in life insurance proceeds, obtained ruling that our client was entitled to 100 percent of the proceeds. The matter is currently on appeal., 2016
Represented former mutual fund portfolio manager and chief investment officer for Wyoming Retirement System charged with insider trading in the Southern District of New York. We resolved the case through a plea agreement and obtained a sentence of time served (no jail) with two years of supervised release. The other two co-defendants received sentences of five years (following plea agreement) and six-and-a-half years (following jury verdict)., 2015
Obtained settlement of insurance bad faith lawsuit arising out of property claim for damage to roof caused by wind and hail storm., 2018
Obtained complete defense verdict for elderly couple accused of securities fraud and violations of the Colorado Viatical Settlement Act following bench trial in which plaintiff sought more than $5 million in damages. The lawsuit arose out of the formation and sale of three limited liability companies, which collectively owned roughly $27.5 million in life insurance policies insuring an 80-year-old man. Plaintiff was an investor who purchased the limited liability companies but was unable to sell them or the life insurance policies., 2014

Pro bono/Community Service:

La Costa Youth Organization, Assistant Coach – T-Ball/Pinto/7U All-Stars (2016-18)
Encinitas Little League, Manager – T-Ball/Rookies (2016, 2017)

Honors/Awards:

“Rising Star” in Super Lawyers
Recognized by Best Lawyers in area of commercial litigation., Best Lawyers, https://www.bestlawyers.com/lawyers/joshua-josh-franklin/253247, 2023
“Best of the Bar” list, San Diego Business Journal, 2017
San Diego Business Journal - Best of the Bar, San Diego Business Journal, 2017
Martindale-Hubbell AV-Preeminent Peer-Review Rating, Martindale-Hubbell, 2013
San Diego Magazine Top Lawyers, San Diego Magazine, 2017
San Diego Magazine Top Lawyers, San Diego Magazine, 2016

Educational Background:

B.A. (International/Intercultural Studies), Fordham University, Cum Laude, 1996

Scholarly Lectures/Writings:

Presenter at online continuing legal education program on insurance bad faith. Presented on topics of: New and Recurring Issues in Bad Faith Litigation Adjuster Depositions: Creative Questions and New Spins on Old Techniques, Presenter, Insurance Bad Faith 2033, National Business Institute, Legal, 2023
Webinar presentation regarding cyber insurance to Colorado chapter of Association of Corporate Counsel (ACC). , Presenter, A Lawyer’s Guide to Cyber Insurance, Association of Corporate Counsel (ACC) - Colorado Chapter, Law, 2022
Why the Supreme Court Denied Certiorari in United States v. Newman and What to Expect Next, L.A. Daily Journal (October 2015)
Presented at live online seminar on the topic of "Adjuster and Bad Faith Expert Witness Deposition and Examination Tactics", Presenter, Advanced Insurance Bad Faith in California, National Business Institute, Law, 2022
Speaker at live online seminar, entitled "Insurance Coverage Litigation Boot Camp" on the topics of "Negotiating Bad Faith and Insurance Coverage Claims" and "Keeping Things Ethical." , Presenter, Insurance Coverage Litigation Boot Camp, National Business Institute, 2020
Mitigating the Costs of Arbitration and Litigation, Financial Executives International, San Diego Chapter (February 2018)
Comment: Three Strikes and You’re Out of Constitutional Rights? The Prison Litigation Reform Act’s “Three Strikes” Provision and Its Effect on Indigents, 71 U. Colo. L. Rev. 191 (2000)
Tipping Friends Without Benefits – Will the U.S. Supreme Court Clarify the “Personal Benefit” Element of Insider Trading After United States v. Newman?, L.A. Daily Journal (August 2015)
Presentation on cyber insurance given to Construction Financial Management Association at its Southwest Regional Conference in Phoenix, Arizona, Presenter, Navigating the Labyrinth of Cyber Insurance, Construction, 2018
Cyber insurance presentation given to the San Diego Chapter of Financial Executives Networking Group., Presenter, Cyber Insurance: What Every Financial Executive Should Know, Financial, 2018
In 2015, I spoke to members of the Colorado Trial Lawyers Association at their 2015 Insurance Bad Faith Seminar. I presented on effective strategies for Rule 30(b)(6) depositions of insurance companies in cases alleging insurance bad faith., Presenter, Strategies for Effective Rule 30(b)(6) Depositions of Insurance Companies, Colorado Trial Lawyers Association 2015 Insurance Bad Faith Seminar, 2015
Speaker at CLE presentation on cyber insurance., Speaker, Cyber Insurance 101, San Diego County Bar Association, Law, 2015
Speaker at round table discussion on J.R. Marketing case, which was presented by Insurance/Bad Faith Law Section of the San Diego County Bar Association., Speaker, Roundtable Discussion: Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C., San Diego County Bar Association, Law, 2016
Speaker at CLE presentation on data privacy litigation and cyber insurance coverage., Speaker, Nightmares on Cyber Street: Developments in Data Privacy Litigation and Cyber Insurance Coverage, San Diego County Bar Association, 2016
Presentation to Financial Executives International - San Diego Chapter regarding cyber insurance., Speaker, Cyber Insurance Basics, Financial Executives International - San Diego Chapter, Finance, 2017
An introduction to and summary of cyber insurance coverage issues., Author, Cyber Insurance 101, Linkedin, Law, 2016
Gave presentation on cyber insurance to members of Association of International Certified Professional Accountants at AICPA's Construction and Real Estate Conference in Las Vegas, Nevada., Presenter, Navigating the Labyrinth of Cyber Insurance, Association Of International Certified Professional Accountants, 2017
Gave presentation to members of Financial Executives International regarding strategies for mitigating the costs and risks of arbitration and litigation, including: forum selection clauses, arbitration clauses, class action waiver provisions, attorney's fee provisions, Rule 998 statutory offers, alternative attorney fee arrangements, and insurance coverage., Presenter, Mitigating the Costs and Risks of Arbitration and Litigation, Financial Executives International - San Diego Chapter, 2018

Industry Groups:

Biotech
Construction
Financial
Manufacturing
Medical
Professional Services
Real Estate
Software

Josh Franklin