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  • Joshua Drian
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Joshua Drian

Drian_Joshua_New-Bio-Template-730-x-730

Partner

Litigation
Contact
  • jdrian@manatt.com
  • Phone: 202.585.6625
  • Download vCard
  • Washington, D.C.
Bar Admissions
  • District of Columbia

    Virginia

Education
  • University of Virginia School of Law, J.D., 2011
    Order of the Coif

    Wesleyan University, B.A., with honors, 2006

Services
  • Investigations, Compliance and White Collar Defense
  • Litigation
  • Private Wealth and Fiduciary Disputes
  • Profile
  • Experience
  • Honors & Awards
  • Memberships
Profile

Profile

Joshua Drian is an accomplished litigator and skilled trial attorney based in the Firm’s Washington, D.C., office. He helps clients navigate a wide array of complex litigation and white collar issues, especially those at the intersection of criminal and civil law. Josh has extensive experience in high-stakes civil disputes and government and internal investigations involving multiple areas, including the False Claims Act; health care, procurement, and corporate fraud; breach of fiduciary duty; theft of trade secrets; bid rigging; civil RICO; conspiracy; false advertising; antitrust; defamation; business torts; and contract disputes. Josh is also a member of the Firm’s private wealth and fiduciary disputes practice, representing clients in cases involving breach of fiduciary duty and fraud by attorneys, business managers, financial advisors and others.

Josh litigates in federal and state courts throughout the country, in arbitration, and before a variety of government entities. Unlike many attorneys, Josh is practiced in both bringing and defending cases, and knows what it takes to build a case on behalf of a client or to stop one before it ever gets to trial. Josh is experienced in all stages of litigation, having tried cases to verdict and successfully briefed and argued appeals. Notably, Josh has extensive experience in the U.S. District Court for the Eastern District of Virginia, known as the “Rocket Docket,” which requires cases to be litigated under compressed timelines pursuant to unique procedures. He also is well-versed in the many issues that may arise during internal and government investigations.

Josh has a demonstrated commitment to pro bono work, representing indigent criminal defendants alongside the Federal Public Defender’s Office for the Eastern District of Virginia. He also led a team bringing civil rights claims for excessive force and other misconduct against state law enforcement agents.

Josh began his legal career as a law clerk to the Honorable Henry Coke Morgan Jr. of the U.S. District Court for the Eastern District of Virginia. Before joining Manatt, he worked for an international law firm, where he focused on a combination of complex civil litigation, white collar criminal defense, and government and internal investigations. During law school, Josh was a member of the University of Virginia’s Prosecution Clinic, prosecuting misdemeanor and felony cases in the Office of the Commonwealth’s Attorney for Culpeper, Virginia, and trying numerous cases to verdict.

Experience

Experience

Health Care Fraud and the False Claims Act

  • Represented a leading durable medical equipment supplier and its employees in False Claims Act and Anti-Kickback investigation by the U.S. Attorney’s Office for the Southern District of New York involving allegations of failure to comply with government regulations, lack of medical necessity and improper copay waivers, and in follow-up litigation concerning similar issues.  
  • Represented a contract therapy provider in civil litigation brought by a skilled nursing facility alleging that the provider caused the nursing facility to submit false claims in violation of the False Claims Act.
  • Represented an individual in connection with an Anti-Kickback investigation by the U.S. Attorney’s Office for the District of Massachusetts and the U.S. Department of Justice.  

Procurement Fraud, Bid Rigging and Theft of Trade Secrets

  • Successfully brought $80 million in claims on behalf of a major defense contractor against a prime contractor in the U.S. District Court for the Eastern District of Virginia as a result of an alleged bid-rigging scheme in connection with the yearslong procurement of numerous government contracts relating to critical military equipment. Twice represented the client successfully before the U.S. Court of Appeals for the Fourth Circuit and successfully resolved the case before trial.  
  • Obtained complete dismissal on summary judgment in the U.S. District Court for the Eastern District of Virginia of claims seeking more than $10 million from a government contractor accused of tortious interference and conspiracy in connection with software-as-a-service contracts, and successfully defended the dismissal before the U.S. Court of Appeals for the Fourth Circuit.
  • Successfully brought breach of fiduciary duty and theft of trade secrets claims against former employees of a major defense contractor that used proprietary technology to start its own competing company to compete for highly technical government contracts requiring specialized expertise.  
  • Represented a government contractor accused of tortious interference, theft of trade secrets, fraud and collusion with the contracting officer in connection with government contracts before the Broadcasting Board of Governors.  
  • Represented a government contractor in successfully avoiding debarment proceedings after it acquired the assets of a contracting company under indictment for procurement fraud. 

Corporate Fraud

  • Successfully brought fraud in the inducement claims on behalf of a prominent media, services and education company in connection with alleged fraudulent representations and warranties in a stock purchase agreement resulting in a fraudulent purchase price. Made important Delaware law regarding fraudulent representations and warranties before the Delaware Court of Chancery.  

Other High-Stakes Federal and State Investigations and Criminal Defense

  • Represented a leading secondary market ticket distribution company in investigation and parallel litigation with the New York Attorney General concerning alleged “speculative” ticket sales under New York’s Executive and General Business Law.  
  • Represented an individual in connection with a U.S. Department of Justice investigation concerning a prominent car manufacturer’s diesel emissions.  
  • Represented a small-format and convenience retailer in investigation with the New York Attorney General concerning alleged sales of expired products.  
  • Represented an individual in connection with a U.S. Agency for International Development (USAID) investigation concerning improper allocation and use of grant funds.  
  • Pro bono representation of an individual indicted by the U.S. Attorney’s Office for the Eastern District of Virginia and extradited from Germany for alleged cyber intrusion conspiracy and money laundering.  
  • Pro bono representation of an individual indicted by the U.S. Attorney’s Office for the Eastern District of Virginia for wire fraud in connection with alleged identity theft and tax fraud conspiracy.  

Private Wealth and Fiduciary Disputes

  • Successfully brought breach of fiduciary duty and duty of loyalty claims in arbitration on behalf of a high-net-worth individual against her former business manager and legal advisor. The arbitrator awarded damages, attorneys’ fees, expert costs and prejudgment interest. 
  • Successfully brought breach of fiduciary duty claims on behalf of a high-profile actor against his former business manager in connection with years of alleged mismanagement and fiduciary breaches.  

Civil RICO

  • Represented a mortgage servicer in the successful prosecution of civil Racketeer Influenced and Corrupt Organizations (RICO) claims against more than a dozen defendants arising out of an alleged scheme to defraud plaintiffs and the holders of certain mortgage-backed securities.  
  • Represented a bank in defense of civil RICO claims alleging fraud in mortgage acquisition and servicing. 
  • Represented a major defense contractor in prosecution of state-equivalent civil RICO claims against a prime contractor based on alleged bid rigging and procurement fraud.

False Advertising

  • Represented a leading manufacturer of laundry detergent and a retail chain in connection with a putative class action alleging false advertising claims under New York’s General Business Law. Obtained complete dismissal of claims on summary judgment. 
  • Represented a leading secondary market ticket distribution company in connection with false advertising claims brought under New York’s Executive and General Business Law and successfully resolved all claims with the New York Attorney General.

Antitrust

  • Represented a transportation company in a nine-figure putative antitrust class-action lawsuit concerning alleged “no poach” hiring practices.

Defamation

  • Represented a nonprofit research organization in successful defense of defamation claims brought by a foreign bank in the U.S. District Court for the Eastern District of Virginia in connection with an article investigating money laundering and an international weapons trafficking network.  
  • Represented a specialized financial intelligence and risk platform in connection with potential defamation claims involving an article relating to the imposition of Office of Foreign Assets Control (OFAC) sanctions and successfully avoided suit without settlement.

High-Stakes Business Litigation

  • Represented a project finance company in arbitration against an international mining corporation for breach of contract causing the destruction of the project.  
  • Successfully brought breach of contract claims based on novel issues of contract interpretation against a media corporation in connection with a spectrum acquisition and consulting agreement. 
  • Successfully brought tort claims on behalf of a prominent airline against its catering services company for damage and business disruption caused during a snowstorm.  
  • Represented a merchant point-of-sale systems provider in civil litigation against a payment processor regarding the Europay, Mastercard and Visa (EMV) liability shift, payment card industry (PCI) compliance, and contract issues in the U.S. District Court for the Eastern District of Virginia. 
  • Represented a national retailer in putative class actions alleging violations of the Telephone Consumer Protection Act.  
  • Successfully quashed a subpoena in a civil action issued to a member of a foreign parliament visiting the United States, based on a variety of issues, including principles of international comity and foreign relations. 
  • Successfully overturned an arbitration award before the U.S. District Court for the Eastern District of Virginia on behalf of an insurer.  
  • Successfully achieved dismissal of claims for lack of arbitrability in arbitration for exceeding the scope of the applicable arbitration provision.
Honors & Awards

Honors & Awards

“One to Watch”, The Best Lawyers in America, 2021 and 2022

Capital Pro Bono Honor Roll, District of Columbia Courts, 2018

Semifinalist, 2011 National Trial Competition Regional Tournament

Quarterfinalist, 2010 National Trial Competition Regional Tournament

Memberships

Memberships

Admitted to practice in the District of Columbia and the Commonwealth of Virginia

Court admissions: U.S. Courts of Appeals for the Second, Fourth and Ninth Circuits; U.S. District Courts for the Eastern and Western Districts of Virginia

Joshua in the News

  • 08.18.22

    14 Manatt Attorneys Named to Best Lawyers’ “Ones to Watch” List

    Fourteen Manatt professionals were named to Best Lawyers in America ’s 2023 “Ones to Watch” list, which recognizes ...

  • 01.03.22

    Manatt Announces the Advancement of 14 Professionals Across Various ...

    Manatt, Phelps & Phillips, LLP, a multidisciplinary, integrated professional services firm, announced today the advancement of 14 professionals, ...

  • 08.19.21

    Fourteen Manatt Attorneys Named on Best Lawyers’ Second Annual “Ones ...

    Fourteen Manatt professionals were named to Best Lawyers in America’s 2022 “Ones to Watch” list, which recognizes a...

  • 03.30.21

    Six Manatt Professionals Recognized on the 2020 Capital Pro Bono ...

    Megan Christensen, June DeHart, Deborah Kelly, Kaylee Bankston, Joshua Drian and Douglas Smith were named in D.C. Courts’ tenth annual Capita...

Show More


Joshua's Newsletters

  • 02.07.22

    The Fourth Circuit Raises the Bar for Proving Scienter Under the ...

    On January 25, 2022, the U.S. Court of Appeals for the Fourth Circuit issued an important opinion for companies trying to navigate the complex ...

  • 08.30.18

    Second Circuit Knocks Out FCPA Conspiracy Charge Against Foreign ...

    Over the years, the Foreign Corrupt Practices Act of 1977 (FCPA) has expanded beyond U.S. issuers and domestic concerns to cover foreign companies ...

  • 08.02.18

    ALJs Could Get Political With New Executive Order

    The new executive order (EO) granting agency chiefs the power to hire administrative law judges (ALJs) according to their own standards—and ...

  • 06.22.18

    SCOTUS Overturns SEC Judge Appointments: What You Need to Know

    Many cases involving federal regulatory law are largely decided by judges appointed by the staffs of federal agencies—administrative law judges ...

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