Interactive Counsel

Arent Fox's interactive media law blog - latest news and trends in advertising, data security & privacy, and IP.

Interactive Counsel

Joshua Fowkes

Joshua Fowkes, Partner at Arent Fox LLP
Joshua Fowkes
Washington, DC

Josh focuses on complex commercial litigation, particularly contract actions, fraud, breach of fiduciary duties and other business torts, intra-company disputes and business divorce claims involving partnerships and LLCs, employment claims, and derivative and class action claims. Josh has represented clients across various industries, including real estate, investment banking, retail banks, private equity, health care, manufacturing, intellectual property, financial services, food and drug, and government contracting. Josh has significant experience representing foreign companies from Asia, Europe, and South America in litigation in the US, and he has lectured on conducting discovery overseas for use in US litigation. In addition to publishing articles analyzing defamation law, Josh has counseled clients about First Amendment issues, including challenges to laws that violate the First Amendment and other principles of the Constitution. Josh has also completed internal investigations on behalf of clients.
As co-founder and co-chair of Arent Fox’s electronic discovery taskforce, Josh has led several presentations on various electronic discovery issues and has served on the editorial board of a prominent electronic discovery publication. His knowledge in this important subject enables him to efficiently manage discovery and reduce discovery costs.

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Blog Posts by Joshua Fowkes

Prepaid & Stored Value Cards, Privacy & Security
Target Breach Class Actions Take a Big Step Forward

Arent Fox Complex Litigation partner Joshua Fowkes wrote an article that was published by Corporate Counsel which focuses on a recent ruling involving the data breach of Target Corp. that gives banks a green light to continue with their class action suits against the company.

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Advertising, E-Commerce, Mobile Marketing, Social Media, User-Generated Content
Internet Search Results and Rankings Are Speech Protected by First Amendment

* The following article was originally published in Law360.

Companies conducting e-commerce rely on search engines and computer algorithms to retrieve, recommend and rank information and products for their customers. For instance, Google retrieves and lists virtually every kind of information that its users seek. Likewise, by using data such as its users’ past purchases and demographic information, Amazon lists and recommends customized products for particular users. In this same way, Netflix recommends movies for its users, and Apple ranks apps on its ITunes App Store. Receiving favorable recommendations and priority in rankings are incredibly important to businesses engaged in e-commerce. But are these computer-generated recommendations and search results speech that is protected by the First Amendment?

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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.