Menu
Joshua Borger

Joshua Borger

Partner
San Jose Office 408.286.5800 Vcard Email

Areas of Focus:

Joshua Borger practices commercial and civil litigation in a variety of areas, including real estate, unfair business practices, breach of contract, trademarks, trade secrets, employment, and insurance coverage and litigation. Previously, Josh clerked for the Honorable Margaret B. Seymour in the United States District Court for the District of South Carolina. 

In 2023, Josh was recognized as a Northern California Super Lawyer in Business Litigation.

Representative Matters

  • Successfully defended an expert witness in an underlying lawsuit in a jury trial in which the plaintiff alleged that he lost the underlying lawsuit because of the expert.
  • Represented an independent consulting firm specializing in flooring covering failures before the U.S. Patent and Trademark Office in response to the PTO’s denial of its trademark application.
  • Obtained a judgment for a former university professor in his lawsuit against the university for failure to pay him all wages and benefits due under his contract.
  • Successfully negotiated a very favorable settlement of a Proposition 65 lawsuit on behalf of an international manufacturer of hardware products.
  • Represented individuals in extended litigation, including a lengthy jury trial, alleging trade secret misappropriation against an international bank.
  • Represented multiple homeowners in their lawsuits against contractors for breach of contract and fraud.
  • Represented a governmental entity against claims of harassment and age discrimination by a per diem nurse.
  • Represented purchasers of an almond orchard against the sellers for breach of contract and fraud.
  • Represented a former university golf pro in his lawsuit against the university for breach of his employment contract.
  • Represented a manufacturer of automotive components against its attorney for malpractice in the underlying lawsuit.
  • Represented an elderly individual against a home health care service for financial elder abuse.
  • Obtained a very favorable settlement of a lawsuit on behalf of individuals accused of misappropriating a company’s trade secrets after the company purchased their prior employer.
  • Represented a nonprofit in an appeal against a manufacturer of dental amalgam for allegedly failing to provide a proper notice under Proposition 65. (Environmental Law Foundation v. Wykle Research, Inc. (2005) 134 Cal. App.4th 60)
  • Successfully represented on appeal a Vietnamese calendar distribution corporation and its owner against the former owners for misappropriating the trade secret customer list and using it to solicit business for a competing company. (Huong Que, Inc. v. Luu (2007) 150 Cal. App.4th 400)

California Anti SLAPP Laws


Professional Admissions

  • State Bar of California
  • State Bar of Massachusetts
  • United States District Court for the Northern District of California
  • United States District Court for the Central District of California
  • United States District Court for the Eastern District of California
  • United States Ninth Circuit Court of Appeals

Presentations

  • Santa Clara County Association of Realtors, Everything A Real Estate Broker Needs to Know to Ensure They Get Paid. October 8, 2020.
  • Monterey County Association of Realtors. Everything A Real Estate Broker Needs to Know to Ensure They Get Paid. September 30, 2020.
  • Monterey County Association of Realtors. General Rights and Duties of the Real Estate Broker to Clients, September 16, 2020. 
  • Santa Clara County Association of Realtors. General Rights and Duties of the Real Estate Broker to Clients, September 10, 2020. 
  • Economic Life After 2020. SJREI Association. July 14, 2020. 
  • Nuts and Bolts of Financial Elder Abuse. Western Association of Aging Lifecare Managers. August 2019.
  • The Ins and Outs of Joint Ventures. San Jose Chapter 13 Bankruptcy Committee. August 2019.
  • Nuts and Bolts of Financial Elder Abuse. Professional Fiduciary Association of California (San Mateo County Chapter). June 2019.
  • Duties and liabilities of brokers and agents to the client: 101. Santa Clara County Association of Realtors. June 2019.
  • Nuts and Bolts of Financial Elder Abuse. Professional Fiduciary Association of California (Santa Clara County Chapter). May 2019.
  • Mechanic’s Liens, Stop Payment Notices & Payment Bonds. Bay Area Subcontractors Association. May 2019.
  • Contracts 101. Bay Area Subcontractors Association. May 2019.
  • Contracts 101. Builder’s Exchange of Santa Clara County. March 2019.

Articles / Publications

Activities / Memberships

  • Anti-Defamation League, Central Pacific Region, Board of Directors
  • Santa Clara County Bar Association
    • Board of Trustees, former member
    • Executive Committee, former member
  • The Honorable William A. Ingram Inn of Court
  • Business Litigation Committee Member, California Lawyers Association Business Law Section, 2020 - 2023

Education

  • Boston College Law School, J.D.
  • Muhlenberg College, B.A. in Philosophy and Economics, Summa Cum Laude

Interviews