Josh’s practice areas include:
Business and Commercial (~40% – 50%). Josh focuses his practice on the investigation and litigation of business tort claims; common law contract claims; and, generally, claims involving the Uniform Commercial Code: Articles 2 (contracts), 3 (negotiable instruments) & 4 (bank deposits and collections), 4A (funds transfer) and 9 (secured transactions). Josh is proficient in defending and pursuing—on behalf of financial institutions—wire-transfer cases in which a cybercrime is alleged to have been committed. Josh also pursues trade secret cases — whether in state or federal court. Josh further represents creditors in adversary proceedings in bankruptcy court, including the pursuit of fraudulent transfer claims. In the business and commercial law context, Josh offers mediation and dispute-resolution legal services.
Construction Law (~40% – 50%). Josh is Board Certified by the Texas Board of Legal Specialization in the area of construction law. Josh reviews and drafts construction contracts, with access to and proficiency in AIA®, ConsensusDOCS™, and DBIA contract forms — among other industry-standard forms. Josh also investigates and litigates construction-related matters, including, e.g., defect claims; warranty claims; time and liquidated damages claims; project delivery-system claims; and other construction claims: buildings/improvements, commercial and residential, and road/highway projects. Josh offers mediation and dispute-resolution services for construction disputes.
On behalf of banks, construction companies, and other businesses, Josh pursues collection matters, including mechanic-lien and payment-bond claims; foreclosures; domestication of foreign judgments; post-judgment discovery/collection remedies; and otherwise assists creditors in navigating the estate administration process, including temporary administrations.
Local Government and Civil Rights Defense (~10%). Josh represents a number of local government entities—drafting ordinances, and pursuing and defending various claims in litigation. Representative claims include Whistleblower Act and civil-rights defense claims. Josh also provides general counsel and advice to City Councils, working as a “partner” with the Texas Municipal League (TML). Josh offers mediation services to assist in the resolution of local-government disputes.
Where does Josh White practice?
About 80% — McLennan County (Waco); Brazos County (Bryan and College Station); Bell County (Belton, Temple, and Killeen); Williamson County (Georgetown); and Travis County (Austin).
About 20% — Other Texas and Utah locations.
Until recently, Josh oversaw the firm’s IT and computer needs, including electronic-data subscriptions — such as Westlaw and Lexis. As of October 2021, however, all questions regarding these areas should be directed to Lauren Jarosek, Director of Finance and Operations. (Recently, Josh gave up his role as shareholder and moved back to his home state of Utah to be closer to parents. However, Josh still maintains his offices in Texas and returns regularly.) Josh continues to manage the firm’s summer clerkship program.
- J.D., Baylor University School of Law
- B.A., English: Professional Writing & Editing, Brigham Young University, University Honors [also attended BYU-Hawaii]
- Minor: Business Management
- Study Abroad: Center for Near Eastern Studies – Jerusalem
- Second Language (functional): Brazilian Portuguese
- Graduate of Lahainaluna High School, Maui County, Hawaii
- State Bar of Texas
- State Bar of Utah
- United States District Court for the Northern District of Texas
- United States District Court for the Southern District of Texas
- United States District Court for the Eastern District of Texas
- United States District Court for the Western District of Texas
- United States District Court for the Central District of Utah.
- United States Fifth Circuit Court of Appeals.
- Admission – Texas Bar, including Litigation and Construction Law Sections
- Admission – Utah Bar, including Litigation and Construction Law Sections
- American Bar Association: Litigation and Construction Law Sections
- National Institute of Trial Advocacy (NITA) (Alumni – Deposition Skills; Advanced Trial Skills programs)
- American Board of Trial Advocates (ABOTA) (Attendance – Masters in Trial program)
- American Institute of Architects (AIA) (fmr. National Allied Member)
- Program on Negotiation (PON) – Harvard Law School (subscriber and supporter since 2013)
- ConsensusDocs® (subscriber and supporter since 2012)
- Waco-McLennan County Bar Association
- Bell County Bar Association
- Brazos County Bar Association
- Central Utah Bar Association
- Davis County Utah Bar Association
- Salt Lake City Bar Association
PROFESSIONAL & COMMUNITY MEMBERSHIPS
- TBLS – Construction Law (2020 – present)
- Texas Bar College (2019 – present)
- Texas Bar – Litigation Section, Online CLE Committee (2017 – 2018)
- Greater Waco Chamber of Commerce, Various Subcommittees (2015 – present)
- Multi-Faith Advisory Network Group – Baylor University’s Religion Department (2014 – present)
- Admissions Committee – U.S. District Court, Western District of Texas – Waco Division (2014 – 2020)
- 29th Annual Advanced Consumer Bankruptcy Course – TexasBarCLE – Speaker, Litigation Skills (February 2014)
- American Inns of Court (2013 – 2016)
- McLennan County Bar Presentation: Construction Law Highlights 2010/Creditor’s Rights & Remedies
- Baylor Law School – Guest Lecturer – Creditor’s Rights/Debtor’s Remedies (2009 – present)
- Baylor University – Guest Speaker – World Religions (2007 – present)
- Texas Ranger Hall of Fame & Museum Advisory Committee (2007 – 2009)
- North Texas Soccer Association – D License Holder (2008 – present)
- Boy Scouts of America Committee Member (2014 – 2016)
- Boy Scouts of America Merit Badge Counselor (2012 – present)
- Heart of Texas Soccer – Head Coach (2008 – 2009)
- Boy Scouts of America Cub Master (2008 – 2009)
- Greater Waco Chamber of Commerce, Leadership Waco Class XXIII (2006 – 2007)
- Greater Waco Chamber of Commerce, Young Professionals Co-Chair (2005 – 2006)
PUBLICATIONS, HONORS & AWARDS
- “An Overview of Collateral Estoppel in Adversary Proceedings,” 29th Annual Adv. Bankruptcy Course – TexasBarCLE.
- Service of Process on a Foreign Defendant: A Brief Survey, 63 The Advocate, State Bar Litigation Section Report 8 (2013)
- The Foreclosure Process in the Probate Context, 48 The Advocate, State Bar Litigation Section Report 99 (Fall 2009)
- Preservation of Electronic Evidence and Electronic Discovery, Lorman Education (2008 – 2009)
- Top 10 Speaker Award (6th Place) – Baylor Law School Moot Court Competition (2003)
- Top 10 Speaker Award (7th Place) – Baylor Law School Moot Court Competition (2002)