When Josh Patashnik stepped into Perkins Coie LLP's San Diego office as a litigation partner on November 17, 2023, he didn’t just change law firms—he brought a courtroom legacy with him. The former Deputy Solicitor General for the California Department of Justice arrives with more than a dozen arguments before the Supreme Court of the United States and the California Supreme Court under his belt, along with a reputation for crafting legal strategies that shape state policy. This isn’t just another hire. It’s a signal: Perkins Coie is doubling down on high-stakes appellate litigation, and it’s betting big on government insiders who’ve seen how the system really works.
Why This Move Matters Beyond the Press Release
Law firms don’t poach deputy solicitors general for their resumes—they do it for their institutional memory. Patashnik didn’t just write briefs; he wrote the state’s legal playbook. As the lead drafter in California’s most consequential cases, he shaped arguments on everything from environmental regulations to voter ID laws, often working behind the scenes to guide the Attorney General of California and even the Governor on whether to appeal, settle, or push forward. He’s the kind of lawyer who knows not just what the law says, but how judges think—and when to strike.
What’s unusual here is the timing. Perkins Coie added twelve new partners this year, but Patashnik is one of three former government heavyweights brought on in a single wave. Alongside him came Tara McGrath, who led federal investigations into cybercrime and FCPA violations at the U.S. Department of Justice, and Ted Dowd, who advised banks on compliance with the Bank Secrecy Act at the Office of the Comptroller of the Currency. Together, they form a trifecta: litigation firepower, regulatory insight, and enforcement experience—all now under one roof in San Diego.
The Appellate Edge: What Patashnik Brings to the Table
Most litigation partners handle trials. Patashnik lives in the appellate arena—the quiet, cerebral, often decisive layer of the legal system where cases are won or lost on logic, precedent, and the precision of language. He’s argued cases involving federal preemption, where state laws clash with federal authority. He’s battled over antitrust rules that affect tech giants and pharmaceutical firms. He’s fought for or against injunctions that could shut down a state agency’s operations overnight.
One of his most telling skills? Negotiating settlements on behalf of state agencies. That’s rare. Most appellate lawyers don’t negotiate—they argue. But Patashnik knew when to walk away from a losing battle and when to leverage a legal win into a policy victory. He also coordinated amicus briefs for bipartisan coalitions of states, meaning he could speak the language of both red and blue administrations. That’s not just legal skill—it’s political intuition.
And then there’s the clerkship pedigree. He clerked for Justice Anthony M. Kennedy—the swing vote on the Supreme Court during the Obama and Trump eras—and for Chief Judge Jeffrey S. Sutton of the Sixth Circuit, a titan of administrative law. That’s not just a line on a bio. It means he understands how the Court’s internal dynamics work. He’s seen the drafts. He’s heard the whispers. He knows what makes a justice pause before signing an opinion.
Perkins Coie’s National Ambition
Perkins Coie, headquartered in Seattle, has long been a powerhouse in tech and venture capital. But its litigation arm, until recently, was more regional. Now, with Patashnik, McGrath, and Dowd, it’s repositioning itself as a national player in government-facing litigation. San Diego, where Patashnik is based, is no longer just a satellite office—it’s becoming a hub for regulatory defense and appellate strategy.
The firm’s clients—tech startups, biotech firms, financial institutions—are increasingly under scrutiny from federal and state regulators. When the Department of Justice opens an investigation, or the California Attorney General issues a subpoena, you don’t want a lawyer who’s read about enforcement—you want someone who used to lead it. That’s Patashnik. That’s McGrath. That’s Dowd.
And the ripple effect? Other firms will notice. Law departments at Fortune 500 companies will take notice. The message is clear: if you’re facing a high-stakes appeal or a federal investigation, Perkins Coie now has the inside track.
What’s Next for California’s Legal Landscape
Patashnik’s departure leaves a void at the California Department of Justice. Who will now draft the state’s briefs in the next big climate case or voting rights challenge? His replacement will be under intense scrutiny. Meanwhile, in San Diego, his new colleagues are already assembling teams to handle the flood of cases that will inevitably come.
One thing’s certain: the next time California sues a pharmaceutical company over drug pricing, or the federal government challenges a state’s clean energy rule, you can bet Patashnik’s name will be on the brief. And the other side? They’ll be sweating.
Frequently Asked Questions
How does Josh Patashnik’s background affect clients facing state-level litigation?
Clients now have direct access to someone who shaped California’s legal strategy for years. Patashnik knows which judges favor textualism versus purposive interpretation, which arguments resonate with the California Supreme Court, and how to navigate the state’s unique procedural rules. This isn’t theoretical knowledge—it’s battlefield-tested insight that can shorten litigation timelines and avoid costly missteps.
Why did Perkins Coie hire three government lawyers at once?
The firm is building a regulatory defense powerhouse. McGrath brings DOJ enforcement experience, Dowd brings banking compliance expertise, and Patashnik brings appellate strategy and state-level policy insight. Together, they can handle investigations, appeals, and legislative lobbying under one roof—something few firms can do. This isn’t about filling roles; it’s about creating a one-stop shop for clients under regulatory pressure.
What kinds of cases will Patashnik handle at Perkins Coie?
He’ll focus on high-stakes appeals involving constitutional law, environmental regulation, antitrust, and administrative law. Expect him to take on cases where state agencies are sued, or where federal law conflicts with California statutes. He’s also likely to lead amicus efforts in national cases, leveraging his experience building bipartisan coalitions of states.
How does this impact San Diego’s legal market?
San Diego has long been overshadowed by Los Angeles and San Francisco in legal prominence. Patashnik’s arrival signals a shift: the city is becoming a destination for complex litigation talent. His presence will attract other top-tier lawyers and high-value clients, potentially reshaping the region’s reputation as a hub for appellate and regulatory work—not just biotech and defense contracting.
What’s the significance of Patashnik’s clerkships with Justice Kennedy and Judge Sutton?
Clerking for Justice Kennedy meant working at the center of the Supreme Court’s most pivotal decisions—from same-sex marriage to campaign finance. Judge Sutton is known for his deep expertise in administrative law and federalism. Patashnik didn’t just observe these processes—he helped draft them. That kind of insider perspective is invaluable when arguing before appellate courts, especially when precedent is murky or evolving.
Is this part of a broader trend in the legal industry?
Absolutely. Firms like Jones Day, Latham & Watkins, and Sidley Austin have been aggressively recruiting former government officials for years. But Perkins Coie’s move is notable because it’s focused on appellate and state-level expertise—not just federal enforcement. This reflects a growing recognition that state attorneys general are now the most aggressive regulators in the country, especially on climate, privacy, and antitrust issues.
