Josh D. Whitlock

Partner

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Practices
Industries
International
Education
  • William & Mary Law School, JD, Honors in Legal Skills Program, Member, Environmental Law & Policy Review, 2006
  • Brigham Young University, BA, 2002
Admissions
  • North Carolina
Affiliations

Board of Directors, Girls on the Run International, 2015-present

Member, Leadership Charlotte, Class XXXVI

Chair, Education Law Section, North Carolina Bar Association, April 2012-April 2013

Member; Vice Chair, 2011-2012; Secretary and Treasurer, 2010; Newsletter Editor, 2009, Education Law Section, North Carolina Bar Association

Member; Committee on Legal Education, National Association of College and University Attorneys, 2011-2012

Membership and Member Services Committee, National Association of College and University Attorneys, 2008-2009

Languages
  • Spanish

Josh practices primarily in the areas of higher education and commercial litigation.

In the higher education context, Josh defends and counsels colleges and universities in connection with a variety of issues, including Title IX, ADA, Section 504, FERPA, Title VII, and program integrity rules compliance; administration of international programs; and sexual misconduct, student lending, student discipline, tenure, and general employment matters.

Josh has emerged as a national thought leader on student sexual misconduct-related and Title IX-related claims and compliance and frequently speaks and publishes on these issues.

He also is the former chair of the North Carolina Bar Association Education Law Section, part of a McGuireWoods team that teaches the Higher Education Practicum at the Washington and Lee University School of Law, and an active member of the National Association of College and University Attorneys.

In the commercial litigation context, Josh represents and counsels clients in connection with contract and insurance coverage disputes, loan default collection matters, and electronic discovery issues.

Josh frequently uses his Spanish fluency and extensive experience living and working in Latin America to benefit McGuireWoods clients. For example, he often interviews and deposes Spanish-speaking witnesses and has repeatedly traveled to Latin America to represent and counsel clients in a variety of matters.

Additionally, Josh is actively involved in pro bono work, including the representation of Spanish-speaking immigrants in obtaining domestic violence protection orders and the representation of adults with mental health disabilities.

He is a member of the board of directors for Girls on the Run International and an alum of Leadership Charlotte, an organization devoted to enhancing volunteer community leadership.

In the News

vCard
T: +1 704 343 2227F: +1 704 805 5022Email201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

Representation of higher education institutions in connection with numerous U.S. Department of Education Office for Civil Rights and U.S. Department of Health and Human Services Office for Civil Rights investigations.

Defense of various colleges and universities against claims arising out of their handling of sexual assault allegations.

Representation of both nonprofit and for-profit higher education institutions in connection with student lending-related Department of Education investigations.

Counsel to numerous higher education clients regarding the drafting, revision, and application of a wide variety of policies and procedures, including those related to sexual misconduct investigations, student conduct, disability accommodations, and faculty and employment issues.

Representation of plaintiff oil trading company in connection with lawsuit seeking lost profits caused by Panamanian oil spill.

Representation of bank in loan default collection matter. Obtained pre-judgment attachment of debtor’s bank accounts, forcing prompt and favorable settlement for our client.

Named to "North Carolina Rising Stars," Schools and Education, Super Lawyers, Thomson Reuters, 2013-2016

Co-author, "Between a Rock and a Hard Place: A Discussion of Issues that Frequently Arise in Sexual Misconduct-Related Litigation Against Colleges and Universities," NACUANOTES, The National Association of College and University Attorneys, Vol. 14 No. 4, May 18, 2016
Co-author, The Impact of the May 2013 Montana “Blueprint” on the Sexual Harassment-Related Obligations of Colleges and Universities, NACUANOTES Vol. 11, No. 12, published by the National Association of College and University Attorneys, June 14, 2013
Co-author, "Federal Disability Laws: Do They Translate to Study Abroad Programs," NACUANOTES Vol. 10, No. 7,  National Association of College and University Attorneys, April 2012
Speaker, "The Competing Concerns Facing Community Colleges Addressing Sexual Misconduct Allegations," Title IX workshop of 58-institution public community college system, November 15, 2016
Speaker, "Title IX and Sexual Misconduct: What College and University CFOs Need to Know Now," North Carolina Independent Colleges and Universities CFO Retreat, November 10, 2016
Speaker, "Title IX Litigation and Enforcement: Recent Developments, Trends, and Lessons," Annual meeting of Title IX Coordinators for 17-institution public university system, November 3, 2016
Speaker, "Title IX Litigation and Enforcement: Recent Developments, Trends, and Lessons," Annual meeting of Title IX Coordinators for 17-institution public university system, November 2, 2016
Speaker, "Navigating Legal Issues Involving Transgender Students," NACUA Annual Conference, June 28, 2016
Speaker, "The Competing Concerns Facing Higher Education Institutions Addressing Sexual Misconduct Allegations," North Carolina Bar Association Education Law Section Annual Meeting, April 22, 2016
Speaker, "Lessons Learned from Claims Brought from Students Accused of Sexual Assault," "Trans Students and Employees: Practical Considerations for Your Campus" and "Higher Education Discrimination Law: Essential Updates and New Challenges," The University of Vermont 25th Annual Legal Issues in Higher Education Conference, October 20-21, 2015
Speaker, "Trans Students and Employees: Practical Considerations for Your Campus," Higher Education Discrimination Law: Essential Updates and New Challenges, The National Association of College and University Attorneys, March 12, 2015
Speaker, "Managing Title IX Risk Through Consistency in Process and Service to Students," NACUA Annual Conference, June 24, 2014
Speaker, "Components of a Sexual Assault Policy: The Musts, Shoulds, and Better Nots," NACUA Workshop: Student Sexual Misconduct: Addressing Institutional Culture and Compliance, February 28, 2014
Speaker, "High-Level Best Practices for Conducting Internal Investigations," Community College Conference on Legal Issues: Understanding the Laws that Shape Our Institutions, January 22, 2014
Speaker, "Corporate Insurance Coverage Issues," Association of Corporate Counsel Meeting, March 2009