Joshua counsels domestic and international clients on successfully avoiding, resolving and winning a wide variety of high-stakes commercial disputes—many with billions of dollars at stake. Josh's reputation is based on his significant trial experience, both in federal and state courts throughout the United States, as well as before various arbitral tribunals.
Joshua specializes in fraud, M&A, SPAC, bankruptcy, and general contract disputes, many of which are class actions and multidistrict litigations. Josh also has extensive arbitration experience, as well as experience with post-arbitral litigation involving enforcement and vacatur of arbitral awards in federal and state court.
Joshua also represents clients in white collar defense matters before the SEC, the DOJ, and state attorneys general, and assists clients with other internal investigations. He also has experience counseling clients in various corporate and litigation matters involving technology and intellectual property, and has significant experience representing clients with estate litigation.
Joshua maintains an active pro bono practice. He recently represented a wrongly convicted individual in a federal civil rights action under 28 U.S.C. § 1983, obtaining a record $27 million verdict after a two-week jury trial. He also frequently represents abused women throughout New York City in matrimonial and family law litigation.
Joshua is a member of the bars of the State of New York, the United States Supreme Court, the United States Courts of Appeals for the First, Second, Sixth, and Eleventh Circuits, and the US District Courts for the Southern and Eastern Districts of New York.
Some of Josh's significant experience includes:
Insolvency and Restructuring Matters:
- Representation of an ad hoc group of unsecured noteholders in the chapter 11 bankruptcy of LATAM Airlines Group and its affiliates
- Representation of an ad hoc group of secured lenders in the chapter 11 bankruptcy of Avianca Airlines
- Representation of an ad hoc group of unsecured noteholders at a contested hearing in the chapter 11 bankruptcy of Energy XXI, a Texas company focusing on oil and gas exploration with approximately $2.5 billion in debt
- Representation of the largest non-shareholder secured lender in connection with the chapter 11 reorganization of EXCO Resources, Inc. Following a week-long contested confirmation hearing, the debtors and the shareholder-secured lenders agreed to increase the plan distribution to White & Case's client to address certain claims it had asserted against certain of the shareholder-secured lenders
- Representation of Mark Schand, an innocent man who was wrongfully convicted of murder in 1987 and spent 27 years in prison before his exoneration in 2013, in a Section 1983 litigation against officers of the police department of Springfield, Massachusetts. Served as first chair counsel in a two-week federal jury trial in the District of Massachusetts, resulting in a jury verdict for Mr. Schand of $27.127 million dollars
- Representation of retail manufacturer in week-long JAMS arbitration stemming from a merger agreement
- Representation of a healthcare technology company in a week-long AAA arbitration regarding milestone payments
- Representation of a shipping company in an ICDR arbitration regarding volume contracts
- Representation of an international investment company in a FINRA arbitration regarding placement fees
Commercial and M&A Litigations:
- Representation of Anthem at trial in a high-profile action in Delaware Chancery Court stemming from its proposed
- US$54 billion acquisition of Cigna Corporation, seeking billions in dollars of damages
- Representation of numerous SPACs in confidential dispute resolution proceedings
- Representation of executives of Design Within Reach regarding claims of fraud, breaches of fiduciary duty, and violations of various securities laws stemming from the merger with Herman Miller. Obtained verdict in client's favor after two-week jury trial in Delaware Chancery Court
- Representation of one of the nation's largest gaming and entertainment companies in a dispute in the Eastern District of New York over a casino management contract
- Representation of the world's largest paper company in a dispute in Delaware Chancery Court over certain milestone provisions in a biotechnology contract
- Representation of the nation's largest diesel fuel provider in connection with allegations of rebate fraud brought by class-action plaintiffs in numerous state and federal courts
- Representation of a major generic drug manufacturer at trial in multiple State Attorney General suits alleging False Claims Act, common law fraud, and consumer protection claims based on allegations that drug manufacturers reported inaccurate pricing to state agencies
- Representation of Deutsche Bank in a large class action securities suit brought in federal and state courts in Texas and New York by former investors in Enron
- Representation of a national automotive services company in state and federal class action lawsuits brought throughout the United States
- Representation of investment placement agents in connection with "pay to play" political corruption investigations by the SEC, the DOJ, and numerous state attorneys general, as well as litigation arising from those investigations
- Representation of a large, multinational corporation in connection with Foreign Corrupt Practices Act compliance, including conducting a worldwide internal investigation in cooperation with the US Department of Justice
- Representation of a multinational pharmaceutical company in a civil antitrust action brought under the Sherman and Clayton acts by thousands of plaintiff pharmacies
- Representation of a major international technology company in antitrust proceedings in the thin-film transistor, liquid crystal display (TFT-LCD) market