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Hungry for Battle

Josh Voss

In just five years, Josh Voss has managed to get his fingerprints on several extremely high-profile legal battles: Pennsylvania Sen. Jake Corman versus the NCAA, the Archdiocese of Philadelphia versus Obamacare’s contraceptive coverage mandate and the Pennsylvania Turnpike Commission versus the Office of Attorney General in a pay-to-play scheme, to name a few.

“I have a fairly healthy caseload,” said Voss, ’09, an associate at Conrad O’Brien in Harrisburg who is working concurrently on cases in Pennsylvania Superior Court, the Commonwealth Court, the Pennsylvania Supreme Court and the U.S. Court of Appeals for the Third Circuit.

Voss never wants for work, never feels bored and never doubts his decision to join Conrad O’Brien. 

“I wanted to do litigation at a sophisticated level, in a shop that would give me a lot of autonomy with a solid partnership group that lets you be the best you can be,” Voss said. “It’s worked out for me.”

In December, Voss spent many hours preparing for a January trial that will decide if the NCAA had the authority to enter into the consent decree that imposed a $60 million fine and other sanctions on Penn State University related to the Jerry Sandusky scandal. 

In 2013, Conrad O’Brien filed suit against the NCAA on behalf of Corman and Pennsylvania Treasurer Rob McCord, contending that proceeds from the fine should go to abuse-prevention and awareness programs in the state, under Pennsylvania law. In April 2014, the NCAA lost its challenge to that law in Commonwealth Court, which ruled that the consent decree requires further scrutiny. 

“We take the position that the NCAA does not have authority, under its own bylaws and constitution, to enter the consent decree,” Voss explained.

Voss also has a role in the suit filed on behalf of the Archdiocese of Philadelphia, one of several Catholic institutions that are fighting a requirement to cover contraceptives under the Affordable Care Act.

“Our position is that the provision violates the Religious Freedom Restoration Act,” Voss said.

After losing the first round in U.S. District Court for the Eastern District of Pennsylvania, the firm filed an emergency appeal in the Third Circuit, which was granted, eventually resulting in the matter being sent back to district court.

In another case, Voss sought to limit the discovery of Turnpike Commission documents by former officials who have been charged in bribery and bid-rigging schemes.  The first time the matter had gone to the Pennsylvania Supreme Court, Conrad O’Brien did not prevail, but the second time was the charm.

Through it all, Voss has delighted in testing new theories of the law and engaging in the “thrust and parry” of legal combat.

And, “I really enjoy writing,” said Voss, who credits Professor Terry Seligmann with providing tools in her Legal Methods class that have proven essential.  

“She put me on the path,” Voss said, adding that his co-op placement with the University of Pennsylvania’s General Counsel Office furnished useful insights about the needs and expectations of sophisticated clients.

“I feel like I’m better at dealing with clients,” he said, “and giving sophisticated clients insights they would appreciate and be able to use.”