Josh Thomas Foust

 Counsel San Francisco
Phone: +1 415.986.2800
3 Embarcadero Center, 26th Floor
San Francisco, CA 94111

Josh Thomas Foust is a counsel in the San Francisco office of Crowell & Moring and is a member of the firm’s Litigation and Product Risk Management (PRM) groups. His practice is focused on consumer fraud and false advertising actions, class action defense, breach of contract and warranty cases, complex commercial litigation, financial services and securities litigation, and bankruptcy litigation. He has advised clients in the consumer products, financial services, accounting, insurance, technology, medical device, manufacturing, and retail sectors, among others, both in the U.S. and abroad.

Josh has successfully defended clients in class actions and other complex cases alleging false advertising of consumer products, misrepresentation of insurance products, manipulative trading practices, breaches of fiduciary duties, and fraudulent concealment of product defects. In consumer protection cases specifically, he has experience defending claims based on “natural” ingredients, “clinically-proven” results, undisclosed defects, unsubstantiated advertising claims, and inadequate disclosures. His practice has involved a wide range of state and federal statutes, including federal securities laws, California’s Unfair Competition Law and Consumer Legal Remedies Act, Proposition 65, New York's General Business Law, and the Magnuson-Moss Warranty Act, among many others.

Josh has robust experience in all phases of litigation in both state and federal courts, from electronic discovery and depositions to merits briefing and trial practice. He has successfully litigated motions to dismiss, motions for summary judgment, discovery motions, oppositions to class certification, and contested bankruptcy motions. He also has substantial trial experience, having conducted direct and cross-examinations at trials, hearings, and arbitrations. In addition to his litigation work, Josh provides clients with legal analyses on regulatory and legislative developments and assists clients generally in developing defense strategies. He has also written and spoken on topics relating to securities litigation, consumer protection litigation, and class action defense.

Before joining Crowell & Moring, Josh served as an associate in the San Francisco and New York offices of international law firms. While in law school, he was an editor of the Yale Law Journal and its online companion, the Yale Law Journal Online.


Admitted to practice: California; New York; U.S. District Courts for the Northern, Central, and Southern Districts of California; U.S. District Courts for the Eastern and Southern Districts of New York

Speeches & Presentations

  • "Brave New World: How New and Emerging Technologies Are Changing the Class Action Landscape," ABA - 5th Annual Western Regional CLE Program on Class Actions and Mass Torts, San Francisco, CA (June 22, 2018). Presenter: Cheryl A. Falvey and Josh Thomas Foust.
  • "Update on Developments in Advertising Law and Consumer Protection," BAA Legal Affairs Committee Webinar (February 15, 2018). Presenters: Peter B. Miller, Josh Thomas Foust, Lauren Aronson, and Chalana N. Williams.
  • "Advertising and Marketing Issues in 2017 and Beyond," Association of Corporate Counsel SoCal Chapter In-House Counsel Conference, Anaheim, CA (January 26, 2017). Presenters: Christopher A. Cole and Josh Thomas Foust.
  • "Update on Class Action Case Law: Supreme Court, Food Court, and Beyond," ABA Section of Litigation Food & Supplements Sixth Annual Workshop, Purchase, NY (June 14, 2016). Presenter: Josh Thomas Foust.


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