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Joshua Simmons

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Partner

Kirkland & Ellis



Joshua Simmons is a nationally recognized appellate and trial court litigator, who has been lauded as an “exceptional,” “forceful,” and “creative” “brainiac” (Chambers), “Top Attorney” (Law360), and “big-picture thought leader” (WTR).  This “Intellectual Property Superhero” (CLS) is one of Lawdragon’s “500 leading litigators in America” for wins in every kind of IP litigation and related commercial disputes, which have resulted in over $1.6 billion in combined plaintiff-side verdicts and complete dismissals in defense-side cases before and at trial. 

As a “Power Lawyer” (THR), “Trailblazer” (NLJ), and one of IAM’s Strategy 300 Global Leaders, he is sought after for complex cases and those of first impression; IP counseling; strategic portfolio management; and regulatory and legislative policy advice.  His eye-catching litigations involve a range of media and technologies.  In the field of artificial intelligence, Josh has been recognized as a “Leading AI & Legal Tech Advisor” (Lawdragon) for his work both in the courtroom and outside of it.  In 2021, he won a $30 million trade secret and unfair competition verdict in a case in which the jury found that the defendant used the technology of its competitor to train its AI models.  He also has litigated multiple copyright cases concerning whether an AI’s use of content is fair use, and frequently counsels clients and lectures on the intellectual property implications of AI. 

In addition, Josh vice-chairs the Intellectual Property Owners Association’s Artificial Intelligence, Data & New Emerging Technologies Committee and is a member of its Artificial Intelligence Task Force, is a member of the ABA Section of Intellectual Property’s Artificial Intelligence & Machine Learning Task Force, and chaired the Artificial Intelligence Subcommittee for the Second Circuit Judicial Conference’s 2022 Program Planning Committee. At the Copyright Society, he is a Trustee; member of the Software, Digital Games and New Media Subcommittee; former chair of the Website & Media Library Committee; and winner of the 2022 Volunteer Award.  Josh is a diversity, inclusion, and pro bono leader, for which Columbia OutLaws and QTPOC honored him as the inaugural recipient of the Judge Deborah A. Batts Award for Queer Visibility.