Joshua A. Berman

Partner, New York

Biography

Overview

Josh Berman is a trial lawyer who focuses on complex commercial litigation. Josh brings over 20 years of experience to his clients, successfully representing a spectrum of Fortune 500 companies, as well as hedge funds, private equity firms, investment banks and other financial institutions. He has strong relationships with global metals and mining companies, and technology-focused clients, among others, providing advice on some of their most complex business and legal challenges. Josh also has extensive expertise handling adversary claims and other litigation matters in the context of Chapter 11 bankruptcy proceedings.

Josh practices in federal and state courts across the country, and has a strong track record in all areas of complex civil litigation, including commercial and intellectual property disputes. His experience includes high-stakes litigation arising out of aviation industry disputes, metals and mining disputes, broken deals, earn-out disputes, shareholder claims, licensing matters, and false advertising claims. He applies business vision and innovative strategies to disputes, often involving novel questions of law with far-reaching implications, in order to achieve the best possible outcomes for his clients.

Josh served as a law clerk to the Honorable Rosemary Barkett, United States Court of Appeals for the 11th Circuit, in Miami, Florida from 2001 to 2002.

Bars and Courts
New York State Bar
US District Court for the Southern District of New York
US District Court for the Eastern District of New York
US Court of Appeals for the Second Circuit
US Court of Appeals for the Federal Circuit
Education
JD
Harvard Law School
BA
Vassar College
Languages
English

Experience

Represents a New York-based hedge fund in a high stakes dispute arising out of an aviation sales and leasing joint venture.

Represents Anthem, Inc. in a multi-billion dollar lawsuit against its pharmacy benefits manager, Express Scripts, Inc. (ESI), arising from ESI's breaches of its contractual duties to negotiate in good faith to ensure that Anthem receives market pricing for pharmaceutical drugs.

Represents a global metals and mining company in a multi-billion antitrust suit in the iron ore and steel pellet market in an adversary proceeding in federal bankruptcy court.

Represents a publicly traded, Japanese multination corporation in US litigation arising out of global vehicle recalls.

Represents Wind Point Partners in US litigation regarding a post-closing indemnity suit arising out of the sale of an operating business to a publicly-traded overseas company.

Represented a mobile app-based, on-demand transportation network company in the defense of a suit brought by New York black-car services alleging the company unfairly dominates the New York City ground transportation market through false advertising claims under the Lanham Act, and other violations; secured a complete dismissal.*

Represented the procurement subsidiary of a telecommunications company in the defense of a lawsuit filed in the New York Commercial Division alleging misappropriation of trade secrets, among other claims.*

Represent a Japanese chemical company in a contract dispute against a biotechnology company in the Southern District of California.*

Represented a marketing technology products company in the defense of a suit filed in the Southern District of New York alleging infringement of online advertising software copyright and claims under the Digital Millennium Copyright Act.*

Represented an international designer apparel company in the defense of a patent dispute filed in the Southern District of New York claiming infringement of a touchscreen gloves patent; secured dismissal.*

*Matters prior to joining White & Case