Joseph R. Wilbert
Partner
EDUCATION:
Georgetown University Law Center (J.D., 2009), cum laude
Claremont McKenna College (B.S., Economics & Government, 2006)
Joe is a creative and proactive counselor with a unique background that combines technology and insurance law with experience starting companies and developing artificial intelligence applications.
To launch his legal career, Joe clerked for the exceptional Judge Andrew J. Guilford in California federal court, and then worked at Irell & Manella LLP in Newport Beach, CA. In 2013, Joe co-founded the law firm that would eventually become Lopez, Bark & Schulz, LLP. As lead counsel, he has won hotly disputed cases in both state and federal court, obtained excellent settlements, helped clients navigate complex regulatory matters, and negotiated numerous transactions. For plaintiffs, Joe has recovered millions of dollars in contested cases; for defendants, he has obtained many defense wins and settlements for a fraction of the amount at issue.
In 2017, true to his days as an NCAA pitcher, Joe threw a curveball: He moved to New York and handed the firm to his close friends Mike Lopez, Brian Bark, and Harry Schulz. He self-learned software development from the ground up, with a focus on building artificial intelligence applications. Since 2017, Joe has personally built AI-first products including automated document drafting tools and touchless controllers for computers and phones. Joe is proficient in numerous programming languages and frameworks, and has created software for most major platforms. Simultaneously, Joe gained admission to the New York State Bar and has maintained a bi-coastal solo law practice focusing on the intersection of AI and law, as well as insurance recovery for policyholders.
In 2023, Joe rejoined LBS as a partner to open their New York office and lead their technology practice.
Joe's experience includes:
Drafted foundational terms and policies for multiple companies, including privacy policies, service agreements, licensing agreements, terms and conditions, employee and contractor agreements, and more;
Led complex negotiations and regulatory compliance efforts regarding multiple SaaS AI products, and software products related to web accessibility;
Successfully resolved multiple intellectual property litigation matters, including Lanham Act claims for alleged trademark infringement, trade dress infringement, counterfeiting, and “gray market” product sales, both on the merits and regarding complex insurance coverage issues;
Represented many companies and individuals seeking to enforce their rights under insurance policies, with an exceptional record in cases where the insurance company initially denies coverage;
Served as lead Cumis defense counsel in multiple cases involving complex liability and insurance coverage issues;
Won summary judgment for a food industry client defending against claims seeking millions of dollars for alleged interference, defamation, and breach of contract; upheld on appeal. Mortillaro Lobster, Inc. v. Aguila, 2020 WL 1671443 (Cal. Ct. App. 2020);
Won summary judgment that an insurer had breached its insurance contract by refusing to defend the client in another federal court case alleging claims of intellectual property infringement. West Trend, Inc. v. AMCO Ins. Co., 2015 WL 263934 (C.D. Cal. 2015);
Represented industrial technology company seeking to recover environmental remediation costs under an insurance policy that covered the early 1970s. After winning federal motions, Joe personally spent weeks at the company’s manufacturing site reviewing hundreds of thousands of dust-covered, oily documents from the 1970s. Through this, he found critical records linking environmental chemicals with insurance-covered practices in the 1970s, which resulted in an excellent settlement. Griswold Controls, LLC v. Cont'l Ins. Co., 2015 WL 12670485 (C.D. Cal. 2015);
Successfully prosecuted of trade secret claims, and defense against counterclaims for defamation and interference, including winning an appellate ruling concerning attorney ethics issues, Blueberry Hill Restaurants, Inc. v. Superior Court, No. B250597 (Cal. App. 2014);
Was part of trademark infringement defense trial team that obtained verdict for a small fraction of the damages sought, in a case brought by a publicly-traded plaintiff;
Defeated motion for class certification in an employment case against a major food retailer, In re Taco Bell Wage & Hour Actions, 2011 WL 4479730, at *2 (E.D. Cal. Sept. 26, 2011).
Activities & Publications
Joe previously served as the President of the Orange County Bar Association’s Insurance Law Section, and as the Secretary for its Professionalism and Ethics Committee. During law school, Joe was lead articles editor for the Georgetown Journal of Legal Ethics. Joe continues to publish articles on artificial intelligence and ethics, including:
A Look at Law & AI in 2018, lawandai.com, https://www.lawandai.com/2018/12/28/a-look-at-law-ai-in-2018/
Court Treatment Of Artificial Intelligence: Predictive Coding, https://www.lawandai.com/2018/09/05/court-treatment-of-artificial-intelligence-predictive-coding/
Ethically Speaking: Judicial Recusal Due to the Litigation Views of a Judge’s Future Employer, Orange County Lawyer Magazine, vol. 58 (2016)
Ethically Speaking: Lawyers’ Ethics in Informal Investigations, Orange County Lawyer Magazine, vol. 54 (2014)
Muzzling Rambo Attorneys: Preventing Abusive Witness Coaching by Banning Attorney-Initiated Consultations with Deponents, 21 GEO. J. LEGAL ETHICS 1129, 1129 (2008)
Bar and Court Admissions
State of California
State of New York
United States Court of Appeals, Ninth Circuit
United States District Court, Central District of California
United States District Court, Northern District of California
United States District Court, Eastern District of California