Litigation is about problem solving and storytelling, and I work to solve my clients’ problems effectively and tell their stories well. Clients say they value my understanding of complex civil litigation and intellectual property law, as well as my advocacy skills in and out of the courtroom.
Joshua Cumby is a litigator who works with the firm’s class action/complex litigation and appellate teams. His practice includes class actions; intellectual property, labor and employment, and construction litigation; disputes involving complex commercial transactions; disputes involving the government; and appeals. Joshua helps clients with patent, trademark and copyright issues, is well versed in trade-secret and advertising law and works to help clients grow their businesses and protect their competitive advantage in the marketplace. In his regular practice in federal court, Joshua represents clients in cases with claims arising from federal statutes, including the Lanham Act, the Copyright Act, the Patent Act, the employment-discrimination statutes, and others.
Joshua clerked for two federal judges in the U.S. District Court for the Eastern District of Virginia: the Honorable Leonie M. Brinkema, District Judge, and the Honorable John F. Anderson, Magistrate Judge. Commonly known as the “Rocket Docket,” the Eastern District of Virginia is one of the fastest trial courts in the nation, and Joshua has in-depth experience representing and advising clients who appear there and helps them navigate the court’s expedited practices and procedures.
Joshua is dedicated to pro bono legal aid. He helped secure a new trial and new sentencing for an Alabama death-row inmate in state post-conviction proceedings. Joshua also successfully represented a group of taxpayers in a suit challenging the use of public money to fund active houses of worship under the Massachusetts constitution. Joshua has also authored amicus briefs in the U.S. Supreme Court and the U.S. Court of Appeals for the Sixth Circuit on behalf of trade associations, industry groups and nonprofit organizations.
Joshua is a frequent author on topics involving appellate law and the intersection of law and technology, among others. He is the editor-in-chief of The Journal of Legal Metrics, one of the “bundle” of small journals that make up the Journal of Law, and he has written for and edited the publication since 2011. Joshua taught courses on federal courts and legal writing as a visiting assistant professor at the George Mason University Antonin Scalia Law School in 2012-13, and as an adjunct professor from 2013 to 2019.
- George Mason University School of Law, J.D., 2011, cum laude
- The University of Texas at Austin, Bachelor of Music, 2001, with high honors
- District of Columbia
- United States Supreme Court
- United States Court of Appeals for the Fourth Circuit
- United States Court of Appeals for the Fifth Circuit
- United States Court of Appeals for the Sixth Circuit
- United States Court of Appeals for the Eleventh Circuit
- United States Court of Appeals for the Federal Circuit
- United States Court of Appeals for the District of Columbia Circuit
- United States District Court for the Middle District of Tennessee
- United States District Court for the Western District of Tennessee
- United States District Court for the Eastern District of Tennessee
- United States District Court for the Eastern District of Virginia
- United States District Court for the Western District of Virginia
- United States District Court for the District of Columbia
Areas of Practice
- Benjamin R. Civiletti Pro Bono Lawyer of the Year Award, 2017
- George Mason University School of Law Service Award, 2011
- George Mason University School of Law First Year Moot Court Competition Champion, 2009
Professional Affiliations & Memberships
- American Bar Association
- American Intellectual Property Law Association
- Nashville Bar Association
- Tennessee Bar Association
- Fairfax Bar Association
- Federal Bar Association
- Appellate Review VI: October Term 2015, 10 Journal of Law (7 J. Legal Metrics) 31 (2020)
- Appellate Review V: October Term 2014, 9 Journal of Law (6 J. Legal Metrics) 54 (2019)
- Appellate Review IV: October Term 2013 – The Prodigal Sums Return, 8 Journal of Law (5 J. Legal Metrics) 65 (2018)
- Commil v. Cisco: A Return to the Status Quo, ABA Landslide (Nov. 2015) (with Meaghan Kent)
- Appellate Review III: October Term 2012 and Counting, 4 Journal of Law (3 J. Legal Metrics) 385 (2014) (with Adam Aft and Tom Cummins)
- White Blackbirds: Defining the Exceptional Cybersquatter, 54 Santa Clara L. Rev. 299 (2014)
- Web 2.0 Citations in the Federal Courts, 3 Journal of Law (2 J. Legal Metrics) 31 (2013) (with Adam Aft and Tom Cummins)
- Comment, The Sixth Amendment: Version 1.0 Et. Seq.—Commas, Clauses, and the Constitution, 18 Geo. Mason L. Rev. 793 (2011)