Joshua Hill

San Francisco

A partner at Paul, Weiss, Rifkind, Wharton & Garrison LLP, Joshua Hill's role entails guiding corporate and individual clients through intricate white-collar defense matters and sensitive internal investigations.

One of his notable matters includes serving as co-lead counsel to Amazon in a significant lawsuit initiated by the D.C. attorney general. The case revolves around accusations of unfair practices linked to a federal settlement. The case is currently proceeding through discovery.

Hill said that as a white-collar defense lawyer, many of his cases are confidential, but in a very significant matter this year, he represented a major private equity firm in a DOJ False Claims Act investigation related to his client's investments in a number of physician-owned medical practices.

"In the last several years, we have seen an increased DOJ FCA focus on private equity funds based on alleged conduct of their portfolio companies," Hill said. "Here, the DOJ pursued a very novel theory of FCA liability based on how these particular acquisitions were structured. We were able to convince the DOJ to decline to intervene in the qui tam case, which was later dismissed, in a complete victory for our client. Given the DOJ's increased emphasis on this area and the private equity industry's active investments in the health industry, we expect to see more matters like this in the future."

Looking to the future, Hill said he expects to continue to see an increase in DOJ enforcement around corporate crime under the Biden Administration.

"Among other things, we're seeing a sharper focus on antitrust, sanctions evasion and export controls, and of course, we're keeping a close eye on developments in the cybersecurity, cryptocurrency and AI realms," he said.

Hill added is excited about the amendments to the Sentencing Guidelines, which took effect on November 1.

The amendments impose a new downward adjustment for federal defendants with no criminal history and, in certain circumstances, recommend no incarceration for these first-time offenders, he said.

"Our individual white-collar clients often have made critical mistakes, resulting in criminal prosecution, but have no prior history of criminal activity," Hill said. "I welcome these amendments as an overdue recognition that individuals should not be judged by their lowest moments in life. I am looking forward to observing how the federal courts apply these amendments in their approach to sentencing for all first-time offenders."