Josh Belinfante

BACK

Josh Belinfante represents clients in commercial and administrative disputes, and he is one of Georgia’s most knowledgeable attorneys on appellate matters and questions of governmental law and policy. He represents governmental and non-governmental clients, and those in the highly regulated fields of healthcare, gaming, land use, and energy.

Josh brings to bear his experience in all three branches of government, having served as the Executive Counsel or Chief Legal Advisor to Governor Sonny Perdue, Georgia’s 81st Governor (2007-2009), Legal Counsel to the Georgia House Judiciary Committee (2006), and Law Clerk to Judge J.L. Edmondson of the Eleventh Circuit (2004-2005).

In litigation matters, Josh’s practice involves commercial disputes and representation of government and those challenging governmental acts. He has successfully argued cases that have shaped the Georgia healthcare and gaming industries. Josh also represents clients involved in procurement matters and bid protests, cases before the public service commission, and in precedent-setting challenges to annexations and local ordinances. He has long been a go-to lawyer of the State of Georgia in numerous high stakes cases against the United States Department of Justice, and private parties challenging Georgia’s Medicaid and special education programs.

Outside of litigation, Josh has significant experience in in campaign finance and election law matters. He represents entities governed by federal and state campaign finance laws, including campaigns and political action committees.  He also has specific experience drafting laws governing Certificate of Need, gaming, the Georgia Lottery, restrictive covenants and non-compete agreements, and eminent domain.

The Atlanta Business Chronicle described Josh as the “go-to guy for Georgia healthcare policy and legislation.” In 2011, the Atlanta Business Chronicle named Josh one of the 40 Under 40 of Atlanta’s Rising and Business Leaders. In 2010, The Fulton County Daily Report named Josh one of 10 attorneys “On the Rise,” and Georgia Trend named him one of Georgia’s “Legal Elite.” Atlanta Magazine named Josh a “Super Lawyer” since 2015, and it frequently named him a Georgia “Rising Star Super Lawyer.” James Magazine has repeatedly identified Josh as one of the “Best Lawyers in Georgia.”

Josh serves on the University of Georgia Law School Alumni Council, the Board of Directors of the Atlanta Chapter of the Federalist Society, and he is a graduate of Leadership Atlanta (2012), Leadership Sandy Springs (2015), and the Coverdell Leadership Institute (2007).

Josh is a graduate of the University of Pennsylvania and the University of Georgia School of Law. He also taught high school at Pace Academy in Atlanta.

Education

  • JD, cum laude, University of Georgia School of Law, 2003
  • B.A., cum laude, University of Pennsylvania, 1999

Clerkship

  • The Honorable Judge J.L. Edmondson, United States Court of Appeals for the Eleventh Circuit

Bar Memberships

  • Georgia

Representative Cases

  • City of Atlanta v. Mays, 301 Ga. 367 (2017) (unanimously affirming trial court’s invalidation of numerous Atlanta annexations);
  • City of Dunwoody v. Discovery Practice Management, Inc., 338 Ga. App. 135 (2016) (affirming superior court’s decision to reverse municipal zoning board of appeals after concluding that the board exceeded its authority);
  • Georgia Dept. of Behavioral Health and Developmental Disabilities v. United Cerebral Palsy of Georgia, 298 Ga. 779 (2016) (unanimously reversing Court of Appeals decision and reinstating Superior Court’s order dismissing putative class action of Medicaid providers and beneficiaries seeking hundreds of millions of dollars based on theories involving constitutional law, federal Medicaid regulations, and state law);
  • Gebrekidan v. City of Clarkston, 298 Ga. 651 (2016) (unanimously reversing Superior Court order that would have allowed the City of Clarkston to ban coin operated amusement machines from establishments with retail alcohol licenses) (representing Amicus Georgia Amusement and Music Operators’ Association).
  • All Star, Inc. v. Georgia Atlanta Amusements, 332 Ga. App. 1 (2015) (reversing superior court decision that 2013 legislation invalidated contracts in gaming industry).
  • Hausmann v. Ferdinand, Georgia Court of Appeals (2015) (affirming summary judgment that Fulton County Commissioner could proceed against Tax Commissioner on retaliation claims) (unpublished).
  • LabMD v. Savera, 331 Ga. App. 463 (2015) (finding trial court abused its discretion when it awarded attorneys’ fees without setting off amounts paid by insurance and prior settlement) (did not serve as trial counsel).
  • United States v. Georgia, Northern District of Georgia; challenge to Georgia’s behavioral health delivery system, settled on favorable terms to Georgia
  • In re: Physician, Georgia Composite Medical Board; physician threatened with suspension of license and $10,000 fine, settled for private reprimand and $2,500
  • In re: Judge, Judicial Qualification Commission; judge threatened with never being permitted to serve in a judicial capacity again, case dismissed
  • Palmyra Park Hosp. Inc., v. Phoebe Sumter Medical Center, 310 Ga.App. 487, 714 S.E.2d 71 (2011) (reversing trial court’s denial of Certificate of Need under new law)
  • Gwinnett County School District v. Cox, 289 Ga. 265, 710 S.E.2d 773 (2011) (striking Georgia’s charter school law) (brief for Amicus, Georgia Chamber of Commerce)
  • Fulton-DeKalb Hospital Authority v. Reliance Trust Co., 270 Ga.App. 822, 608 S.E.2d 272 (2004) (upholding summary judgment and rejecting new cause of action against healthcare professionals)

Selected Publications and Presentations

  • State Regulation of Healthcare, Conservative Policy Leadership Institute (2011, 2012, 2016, 2017)
  • Ethics & Political Leadership, Republican Leadership for Georgia, (annually since 2010)
  • The Future of Georgia Medicaid, Young Professionals in Healthcare (2012)
  • Mandatory Medical Malpractice Review Panels, Heritage Foundation & Georgia Public Policy Foundation (2011)
  • The Law of Ethics, Georgia Senate Majority Caucus (2011)
  • United States v. Georgia: Legislative Responsibilities, Biennial Institute, November 2010
  • “The Shield Remains: The Peer Review Privilege in Georgia,” The Georgia Bar Journal, January 2006
  • “To Dismiss or Not to Dismiss, Partial Motions to Dismiss,” The Federal Lawyer, Winter 2006.
  • “Campaign Finance After McConnell,” Republican National Lawyers Association Newsletter, Winter 2003.

Government Service

  • Member, Federal Judicial Advisory Committee
  • Special Assistant Attorney General:
      • Georgia Advocacy Office v. Georgia (private challenge to Georgia’s special education system) (2017 – ongoing);
      • United States v. Georgia (government challenge to Georgia’s special education system) (2016 – ongoing);
      • United Cerebral Policy, et al. v. State of Georgia (putative class action involving Georgia Medicaid program) (2014 – ongoing);
      • State of Florida v. Sibelius (challenge to PPACA) (2010-2012);
      • United States v. Georgia (challenge to Georgia’s behavioral health delivery system) (2009 – ongoing);
  • Commissioner, Sandy Springs Charter Review Commission (2011)
    • Board Member, Medical College of Georgia Health System, Chairman of Audit Committee (2010-2011)
    • Vice Chairman, Georgia Campaign Finance and Transparency Commission (2010-2011)
    • Executive Counsel to Governor Sonny Perdue (2007-2009)
    • Legal Counsel, Georgia House of Representatives Committee on the Judiciary (2006)
    • Law Clerk, Chief Judge J.L. Edmondson, United States Court of Appeals for the Eleventh Circuit (2004-2005).

Memberships

  • Conservative Policy Leadership Institute, Chairman
  • Georgia Chamber of Commerce, Law & Judiciary Committee
  • Pace Academy Alumni Association, Past-President
  • The Federalist Society, Member of the Board of the Atlanta Chapter
  • To Remember, an organization dedicated to ending Alzheimer’s Disease

Josh Belinfante

Attorney Bio
BACK

Josh Belinfante represents clients in commercial and administrative disputes, and he is one of Georgia’s most knowledgeable attorneys on appellate matters and questions of governmental law and policy. He represents governmental and non-governmental clients, and those in the highly regulated fields of healthcare, gaming, land use, and energy.

Josh brings to bear his experience in all three branches of government, having served as the Executive Counsel or Chief Legal Advisor to Governor Sonny Perdue, Georgia’s 81st Governor (2007-2009), Legal Counsel to the Georgia House Judiciary Committee (2006), and Law Clerk to Judge J.L. Edmondson of the Eleventh Circuit (2004-2005).

In litigation matters, Josh’s practice involves commercial disputes and representation of government and those challenging governmental acts. He has successfully argued cases that have shaped the Georgia healthcare and gaming industries. Josh also represents clients involved in procurement matters and bid protests, cases before the public service commission, and in precedent-setting challenges to annexations and local ordinances. He has long been a go-to lawyer of the State of Georgia in numerous high stakes cases against the United States Department of Justice, and private parties challenging Georgia’s Medicaid and special education programs.

Outside of litigation, Josh has significant experience in in campaign finance and election law matters. He represents entities governed by federal and state campaign finance laws, including campaigns and political action committees.  He also has specific experience drafting laws governing Certificate of Need, gaming, the Georgia Lottery, restrictive covenants and non-compete agreements, and eminent domain.

The Atlanta Business Chronicle described Josh as the “go-to guy for Georgia healthcare policy and legislation.” In 2011, the Atlanta Business Chronicle named Josh one of the 40 Under 40 of Atlanta’s Rising and Business Leaders. In 2010, The Fulton County Daily Report named Josh one of 10 attorneys “On the Rise,” and Georgia Trend named him one of Georgia’s “Legal Elite.” Atlanta Magazine named Josh a “Super Lawyer” since 2015, and it frequently named him a Georgia “Rising Star Super Lawyer.” James Magazine has repeatedly identified Josh as one of the “Best Lawyers in Georgia.”

Josh serves on the University of Georgia Law School Alumni Council, the Board of Directors of the Atlanta Chapter of the Federalist Society, and he is a graduate of Leadership Atlanta (2012), Leadership Sandy Springs (2015), and the Coverdell Leadership Institute (2007).

Josh is a graduate of the University of Pennsylvania and the University of Georgia School of Law. He also taught high school at Pace Academy in Atlanta.

Education & Memberships

Education

  • JD, cum laude, University of Georgia School of Law, 2003
  • B.A., cum laude, University of Pennsylvania, 1999

Clerkship

  • The Honorable Judge J.L. Edmondson, United States Court of Appeals for the Eleventh Circuit

Bar Memberships

  • Georgia
Selected cases & representations

Representative Cases

  • City of Atlanta v. Mays, 301 Ga. 367 (2017) (unanimously affirming trial court’s invalidation of numerous Atlanta annexations);
  • City of Dunwoody v. Discovery Practice Management, Inc., 338 Ga. App. 135 (2016) (affirming superior court’s decision to reverse municipal zoning board of appeals after concluding that the board exceeded its authority);
  • Georgia Dept. of Behavioral Health and Developmental Disabilities v. United Cerebral Palsy of Georgia, 298 Ga. 779 (2016) (unanimously reversing Court of Appeals decision and reinstating Superior Court’s order dismissing putative class action of Medicaid providers and beneficiaries seeking hundreds of millions of dollars based on theories involving constitutional law, federal Medicaid regulations, and state law);
  • Gebrekidan v. City of Clarkston, 298 Ga. 651 (2016) (unanimously reversing Superior Court order that would have allowed the City of Clarkston to ban coin operated amusement machines from establishments with retail alcohol licenses) (representing Amicus Georgia Amusement and Music Operators’ Association).
  • All Star, Inc. v. Georgia Atlanta Amusements, 332 Ga. App. 1 (2015) (reversing superior court decision that 2013 legislation invalidated contracts in gaming industry).
  • Hausmann v. Ferdinand, Georgia Court of Appeals (2015) (affirming summary judgment that Fulton County Commissioner could proceed against Tax Commissioner on retaliation claims) (unpublished).
  • LabMD v. Savera, 331 Ga. App. 463 (2015) (finding trial court abused its discretion when it awarded attorneys’ fees without setting off amounts paid by insurance and prior settlement) (did not serve as trial counsel).
  • United States v. Georgia, Northern District of Georgia; challenge to Georgia’s behavioral health delivery system, settled on favorable terms to Georgia
  • In re: Physician, Georgia Composite Medical Board; physician threatened with suspension of license and $10,000 fine, settled for private reprimand and $2,500
  • In re: Judge, Judicial Qualification Commission; judge threatened with never being permitted to serve in a judicial capacity again, case dismissed
  • Palmyra Park Hosp. Inc., v. Phoebe Sumter Medical Center, 310 Ga.App. 487, 714 S.E.2d 71 (2011) (reversing trial court’s denial of Certificate of Need under new law)
  • Gwinnett County School District v. Cox, 289 Ga. 265, 710 S.E.2d 773 (2011) (striking Georgia’s charter school law) (brief for Amicus, Georgia Chamber of Commerce)
  • Fulton-DeKalb Hospital Authority v. Reliance Trust Co., 270 Ga.App. 822, 608 S.E.2d 272 (2004) (upholding summary judgment and rejecting new cause of action against healthcare professionals)

Selected Publications and Presentations

  • State Regulation of Healthcare, Conservative Policy Leadership Institute (2011, 2012, 2016, 2017)
  • Ethics & Political Leadership, Republican Leadership for Georgia, (annually since 2010)
  • The Future of Georgia Medicaid, Young Professionals in Healthcare (2012)
  • Mandatory Medical Malpractice Review Panels, Heritage Foundation & Georgia Public Policy Foundation (2011)
  • The Law of Ethics, Georgia Senate Majority Caucus (2011)
  • United States v. Georgia: Legislative Responsibilities, Biennial Institute, November 2010
  • “The Shield Remains: The Peer Review Privilege in Georgia,” The Georgia Bar Journal, January 2006
  • “To Dismiss or Not to Dismiss, Partial Motions to Dismiss,” The Federal Lawyer, Winter 2006.
  • “Campaign Finance After McConnell,” Republican National Lawyers Association Newsletter, Winter 2003.

Government Service

  • Member, Federal Judicial Advisory Committee
  • Special Assistant Attorney General:
      • Georgia Advocacy Office v. Georgia (private challenge to Georgia’s special education system) (2017 – ongoing);
      • United States v. Georgia (government challenge to Georgia’s special education system) (2016 – ongoing);
      • United Cerebral Policy, et al. v. State of Georgia (putative class action involving Georgia Medicaid program) (2014 – ongoing);
      • State of Florida v. Sibelius (challenge to PPACA) (2010-2012);
      • United States v. Georgia (challenge to Georgia’s behavioral health delivery system) (2009 – ongoing);
  • Commissioner, Sandy Springs Charter Review Commission (2011)
    • Board Member, Medical College of Georgia Health System, Chairman of Audit Committee (2010-2011)
    • Vice Chairman, Georgia Campaign Finance and Transparency Commission (2010-2011)
    • Executive Counsel to Governor Sonny Perdue (2007-2009)
    • Legal Counsel, Georgia House of Representatives Committee on the Judiciary (2006)
    • Law Clerk, Chief Judge J.L. Edmondson, United States Court of Appeals for the Eleventh Circuit (2004-2005).

Memberships

  • Conservative Policy Leadership Institute, Chairman
  • Georgia Chamber of Commerce, Law & Judiciary Committee
  • Pace Academy Alumni Association, Past-President
  • The Federalist Society, Member of the Board of the Atlanta Chapter
  • To Remember, an organization dedicated to ending Alzheimer’s Disease