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Joshua S. Lipshutz

Joshua S. Lipshutz is an associate in the San Francisco office of Gibson, Dunn & Crutcher. He currently practices in the firm’s Litigation Department and its Appellate and Constitutional Law Practice Group. In recent representative appellate matters, Mr. Lipshutz has asked the Ninth Circuit to rule that “no injury” class-action plaintiffs lack Article III standing; drafted an amicus curiae brief in the U.S. Supreme Court challenging the constitutionality of the minimum coverage provision of the Patient Protection and Affordable Care Act; and represented the plaintiffs in their Ninth Circuit federal constitutional challenge to California’s ban on same-sex marriage, Proposition 8.

Before joining the firm, Mr. Lipshutz represented financial services firms in shareholder and investor actions under Delaware, New York and California law, the federal Securities Act of 1933, and the Investment Company Act of 1940. His appellate experience spanned matters involving constitutional law, federal securities law, and various procedural and jurisdictional issues. Examples of such work included briefing before the U.S. Supreme Court regarding the constitutionality of state and local handgun bans, briefing before the California Supreme Court regarding the concurrent jurisdiction of state courts under the Securities Litigation Uniform Standards Act, and briefing before the Ninth Circuit regarding post-merger shareholder derivative standing. Mr. Lipshutz has also successfully represented individuals pro bono in immigration matters.

Mr. Lipshutz served as a judicial clerk to the Honorable Alex Kozinski of the United States Court of Appeals for the Ninth Circuit and to the Honorable Antonin Scalia of the Supreme Court of the United States. He graduated Order of the Coif from Stanford Law School, where he was Senior Articles Editor of the Stanford Law Review. He received his undergraduate degrees, summa cum laude, in finance and systems engineering from the University of Pennsylvania. In addition to practicing law, Mr. Lipshutz worked as a principal investment professional at Silver Lake Partners and as an investment banking associate at Goldman, Sachs & Co.
Mr. Lipshutz is admitted to practice law in the State of California and the Commonwealth of Massachusetts.