Josh Auerbach brings over 20 years of experience representing clients in complex civil litigation and working to expand access to health care and protect consumers. Much of Josh’s experience has been in state and local government. At the Office of the Attorney General of Maryland, Josh worked both as a litigator and as an adviser to public officials and state agencies. His litigation experience includes leading major enforcement actions under Maryland’s consumer protection and false claims laws, as well as defending constitutional and administrative law challenges to state laws, regulations, and enforcement actions. He began his career as an associate at Brown, Goldstein & Levy and is excited to bring his experience back to the firm as a partner.
Most recently, Josh was a special assistant to Attorney General Brian Frosh. In that role, he served as lead counsel in affirmative litigation and coordinated legislative projects focused on protecting vulnerable Marylanders in the health system and in complex financial transactions.
Previously, Josh was principal counsel to the Maryland Department of Health, serving as the lead legal adviser to an agency with an $11 billion annual budget and 6,800 employees, and with responsibilities including administration of the state’s Medicaid program; regulation of the state’s hospitals, nursing homes and other health care facilities; enforcement of the state’s public health laws; operation of 11 specialized health care facilities; evaluation of criminal defendants for competency to stand trial and criminal responsibility; and licensure and regulation of the practice of medicine, nursing, and other health professions. At the health department, Josh often advised on the state’s implementation of the Affordable Care Act, including its expansion of Medicaid and establishment of the Maryland Health Benefit Exchange.
Over the course of his career, Josh has argued more than a dozen cases in federal and state appellate courts, many of them raising novel issues of public law, on behalf of government and private clients. At the Office of the Attorney General, Josh also co-authored numerous amicus curiae briefs, including a brief on behalf of a coalition of states cited by Justice Ginsburg in her concurring opinion in the Supreme Court decision upholding the Affordable Care Act. Early in his career, Josh served as the Francis D. Murnaghan Appellate Advocacy Fellow at the Public Justice Center in Baltimore.
Josh also teaches Civil Procedure and Administrative Law as an adjunct professor at the University of Maryland Francis King Carey School of Law.
Representative Cases
Defended order of Consumer Protection Division of the Office of the Attorney General requiring telecommunications companies to make restitution to Maryland consumers and imposing $3.5 million in civil penalties for unfair and deceptive trade practices in sale of mobile phones during pendency of companies’ merger. See In the Matter of Cricket Wireless, 259 Md. App. 44 (2023) (affirming Division’s order).
Led investigation and prosecution of civil enforcement action on behalf of the Office of the Attorney General involving unfair and deceptive trade practices in the transfer of more than $33 million in structured settlement payment rights from 100 tort victims, more than 70 of them young victims lead poisoning, to a Maryland factoring company.
Briefed and argued appeal from trial court approval of class action settlement, where settling parties purported to release civil enforcement claims brought by Consumer Protection Division and federal Consumer Financial Protection Bureau. See Linton v. Consumer Protection Division, 467 Md. 502 (2020) (reversing trial court’s approval of settlement).
Led investigation and prosecution of civil enforcement action on behalf of the Office of the Attorney General against Maryland nursing home chain for “resident dumping,” as a result of which chain paid $2.2 million to the state’s Medicaid program under state’s false health claims act and agreed to be barred from operating nursing homes in Maryland. The Maryland Supreme Court upheld the Attorney General’s authority under the Maryland Patient’s Bill of Rights to obtain injunctive relief prohibiting nursing facility practices that violate the statute. See State v. Neiswanger Management Services, LLC, 457 Md. 441 (2018).
Defended decision of Maryland Department of Health, in response to Public Information Act request concerning licensure of the state’s surgical abortion facilities, to withhold sensitive information the disclosure of which could compromise the safety of patients and providers. See Glenn v. Maryland Department of Health & Mental Hygiene, 446 Md. 378 (2016) (upholding Department’s decision).
Defended ruling of Maryland Insurance Commissioner that premium finance companies imposed unlawfully excessive interest on loans to customers of Maryland Automobile Insurance Fund, the state’s auto insurer of last resort. See Maryland Insurance Commissioner v. Central Acceptance Corp., 424 Md. 1 (2011) (affirming Commissioner’s ruling).
Represented Maryland People’s Insurance Counsel Division in litigation establishing Division’s standing to institute judicial proceedings on behalf of Maryland insurance consumers. See People’s Insurance Counsel Division v. Allstate Insurance Co., 408 Md. 336 (2009).
Represented University of Maryland in litigation leading to University’s recovery of literary rights to the works of the author Katherine Anne Porter from former trustee of trust established to hold and manage literary rights for the University’s benefit.
Represented Maryland Energy Administration in several multi-week evidentiary proceedings before Public Service Commission concerning transfers of ownership or control of Maryland public utilities, resulting in financial protections for utilities and rate relief for ratepayers.
Successfully defended Maryland Automobile Insurance Fund in putative class action seeking interest payments on allegedly late-paid Personal Injury Protection benefits.
Successfully defended Baltimore City’s tax on wireless telecommunications carriers against challenge by carriers claiming that the tax exceeded City’s authority under state law.
Presentations
Panelist, “Loper Bright and Corner Post: Implications for Maryland Administrative Law,” MSBA Administrative Law Section (March 2025).
Publications
Author (with Joshua M. Sharfstein), “The Courts vs. Public Health,” The Milbank Quarterly (May 4, 2023).
Author (with Joshua M. Sharfstein), “The Supreme Court’s New Direction and the Public’s Health,” JAMA Health Forum (July 21, 2022).