Josephine K. Petrick

Partner

(510) 992-4520 | jpetrick@nortonlaw.com | VCF

As a California State Bar-Certified Appellate Specialist and complex litigator, Josephine brings a broad strategic perspective to advancing clients’ litigation goals, from early case assessment to motion practice and appeal. 

Josephine’s experiences as a federal appellate law clerk and as a trial and appellate litigator position her to counsel clients on strategy and key legal issues arising at all phases of a dispute. Clients value her deep knowledge of the appellate process, exceptional brief-writing skills, and innovative, interdisciplinary strategies that align with their big-picture goals. Her creative and strategic approach consistently delivers results tailored to her clients’ unique objectives.

Since joining The Norton Law Firm in January 2023, Josephine has litigated complex matters involving novel questions relating to arbitration law and federal preemption as well as high-stakes international contract disputes and fraud actions. She is a trusted advisor and strategic counselor to clients across industries including cryptocurrency, solar development, consumer technology, international apparel, and property management, often in “bet-the-company” disputes.

Before joining The Norton Law Firm, Josephine worked at preeminent law firms where she specialized in appeals and litigated complex and high-stakes business, commercial, securities, insurance, and environmental matters. Of note, she served on the litigation teams successfully representing State Attorneys General in complex, large-scale matters including the Deepwater Horizon litigation. Josephine has also authored numerous amicus briefs in the U.S. Supreme Court, California Supreme Court, Ninth Circuit, and other courts.

Josephine received her J.D., magna cum laude and Order of the Coif, from the University of California, Hastings College of the Law (U.C. Law San Francisco), where she was a Senior Articles Editor of the Hastings Law Journal, served a member of the Moot Court Board and the Hastings Ninth Circuit Clinic, and served as an intern for Judge Edward Chen on the U.S. District Court for the Northern District of California. She earned her B.A., Highest Honors and Phi Beta Kappa, in Linguistics from the University of California at Berkeley.

Josephine is licensed to practice in California and Louisiana and is admitted to practice before the U.S. Supreme Court, and numerous federal appellate and district courts.

Highlights of Josephine’s practice include:

• Litigated novel questions relating to arbitration law and federal preemption on behalf of a leading cryptocurrency platform.  Kramer v. Coinbase, Inc., 105 Cal. App. 5th 741 (2024).
• Represent solar developer as plaintiff/judgment creditor and on appeal in $70+ million international contract dispute and fraud action. Martifer-Silverado Fund I, LLC v. Zhongli Sci. & Tech. Grp. Co., 9th Cir. Nos. 23-15576 & 23-15659; Martifer-Silverado Fund I, LLC v. Talesun Solar USA, Ltd., Cal. Ct. App. No. A167978 & S.F. Super. Ct. No. CGC16556139 (pending).
• Obtained dismissal with prejudice of class action complaint against consumer technology company. Allec v. Upside Services, Inc., No. 23-cv-05982-SK (N.D. Cal. Sept. 26, 2024).
• Obtained victory on behalf of property managers in the Ninth Circuit Court of Appeals, which affirmed the district court’s order dismissing a meritless securities lawsuit against them. Lantz Retirement Investments, LLC v. Glover, No. 22-15171 (May 18, 2023).
• Obtained a definitive appellate victory for international apparel brand in patent licensing dispute, successfully persuading the Federal Circuit not to expand the reach of Ninth Circuit precedent overturning arbitral awards due to the arbitrators’ ownership interest in JAMS. Levi Strauss & Co. v. Aqua Dynamics, Inc., No. 21-1871, 2022 WL 61164 (Fed. Cir. Jan. 6, 2022); see “Fed. Circ. Won’t Touch Levi’s Win In Royalty Arbitration,” Law360 (January 2022).
• Litigated novel question of nationwide significance regarding insurance coverage of business-interruption losses in the wake of the Coronavirus pandemic, representing the policyholder.  Kevin Barry Fine Art Assocs. v. Sentinel Ins. Co., No. 21-15240 (9th Cir.); see “Gallery Says Calif. Virus Coverage Win Fits Its 9th Circ. Appeal,” Law360 (July 2022); “Hartford Unit Fights Gallery’s Virus Coverage Suit At 9th Circ.,” Law360 (August 2021).
• Litigated novel issue regarding the scope of attorney fees available in insurance bad-faith cases under Brandt v. Superior Court, 37 Cal. 3d 813, 693 P.2d 796 (1985), securing favorable settlement for policyholder following briefing and oral argument. Sahadi v. Liberty Mut. Ins., No. 19-17015 (9th Cir. Apr. 7, 2021).
• Secured published victory for clients seeking to secure equal, public access to the California coast, in appeal testing the scope and limits of California’s anti-SLAPP law in the context of civil conspiracy claims. Spencer v. Mowat, 46 Cal. App. 5th 1024 (2020); see “The Volokh Conspiracy: Surf Thugs Lawsuit Can Proceed,” Reason (April 2020); Ian Lovett, “California Surfers Look to Courts for Relief Against ‘Bay Boys’,” New York Times (April 2016).
• Litigated novel question of arbitration law in Federal Arbitration Act appeal arising from CERCLA contribution action. PolyOne Corp. v. Westlake Vinyls, Inc., 937 F.3d 692 (6th Cir. 2019). 
• Obtained favorable opinion holding that consumer could not state deceptive marketing claims regarding client’s “almond milk” products, despite federal regulations narrowly defining “milk.”  Painter v. Blue Diamond Growers, 757 F. App’x 517 (9th Cir. 2018); see ​​“9th Circ. Won’t Revive Almond Milk Labeling Suit,” Law360 (Dec. 2018).
• Represented behavioral science and economics scholars, including Nobel Prize recipients, as amici in U.S. Supreme Court cases concerning interplay between free speech and equal protection rights. Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, 138 S. Ct. 1719, 201 L. Ed. 2d 35 (2018); 303 Creative LLC v. Elenis, 600 U.S. 570 (2023).
• Defeated class certification in consumer class action against national retailer. Cover v. Windsor Surry Co., No. 14-CV-05262-WHO, 2017 WL 9837932 (N.D. Cal. July 24, 2017).
• On behalf of tribal leaders, won dismissal with prejudice of third-party complaint in complex federal RICO action with hundreds of millions at stake. Paskenta Band of Nomlaki Indians v. Crosby, No. 2:15-cv-00538-MCE-CMK, 2016 WL 3854237 (E.D. Cal. July 15, 2016).
• Successfully represented directors, officers, companies, and investment funds in a variety of securities and derivative actions, including putative class actions.
• Served as appellate and strategic advisor to litigation team in series of complex environmental class actions and FCA suits against environmental remediation company. Tetra Tech Litigation (N.D. Cal.).
• Served on litigation team in large-scale environmental case through historic, record-breaking settlement on behalf of the State of Louisiana. In re Deepwater Horizon, MDL No. 2179, Nos. 10-3059 & 11-0516 (E.D. La. 2010-2015); see “BP to pay $18.7 billion to federal government, 5 states to settle oil spill claims,” NOLA.com (July 2, 2015).
• Served on litigation team in historic environmental case from trial, post-trial briefing, through record-breaking settlement, on behalf of the State of New Jersey. N.J. Dep’t Envtl. Prot. v. ExxonMobil Corp., Nos. UNN-L3026-04 & UNN-L-1650-05 (N.J. Sup. Ct. Law Div. 2014- 2015).