Joshua Bennett is Of Counsel in the Litigation practice of Paul Hastings, based in the firm’s New York office. He is a business litigator, handling high stakes, complex matters in state and federal courts, and domestic and international arbitration proceedings. He has substantial experience on both sides of the "v.," and handles cases in a variety of industries, including financial services, life sciences, national defense, and commercial real estate, and involving various issues, including contract and business tort claims, as well as bankruptcy, intellectual property, and securities law issues.
Mr. Bennett has significant trial and final merits hearing experience, serving as a lead member in several multi-week trials in various courts across the country, and several lengthy arbitration hearings under the rules of various arbitral institutions.
He has argued and assisted on countless motions and appeals, and has substantial experience working with, deposing and cross-examining expert and various distinctive technical witnesses, including litigation damages consultants, accountants, actuaries, biostatisticians, chief financial officers, custom and practice experts in a variety of industries, investment analysts, and scientists.
- Chambers USA, Litigation: "Up and Coming," General Commercial (2021-2022)
- New York Metro Super Lawyers: "Rising Star," Business Litigation (2014-2019)
- Colgate University, B.A. 2001 (Philosophy)
- Fordham University School of Law, J.D. 2004
- Recipient of The Fordham Legal Writing Award, for receiving highest grade in 1L legal writing section taught by the Honorable Denny Chin, Circuit Judge for the United States Court of Appeals for the Second Circuit
- Member of Fordham International Law Journal
- Competition Director of Brendan Moore Trial Advocacy Center (Fordham’s Nationally Ranked Mock Trial Team)
- Externship with the Honorable Leonard D. Wexler, Senior District Judge for the United States District Court for the Eastern District of New York
- Representing a US national defense company in an ongoing contract dispute in a private international arbitration proceeding against a foreign government.
- Representing a pharmaceutical company in an ongoing royalty payment dispute in a private international arbitration proceeding.
- Multiple active commercial cases in various courts, including New York Supreme and Delaware Court of Chancery.
- Secured an arbitration award of 100% of the amount in controversy in an AAA proceeding, for a hematopathology laboratory, as claimant, in a complex medical billing dispute concerning approximately 15,000 medical procedures, preauthorization rules, and medical necessity. Mr. Bennett served as first-chair in the three-day hearing.
- Successfully defended a leading global clinical research organization (CRO), as respondent, in an AAA proceeding, against various breach of contract and fraud claims, and alleged damages in excess of $1 billion in damages. After a more than 50-day arbitration trial, at which Mr. Bennett served as second-chair, the arbitrator issued a final award denying virtually all of the claimant’s allegations, including denying all of its fraud claims, and issued a net award to the claimant of approximately 0.2% of the amount it sought.
- Drafted the winning appellate brief for Lehman Brothers, as Appellant, before the New York Supreme Court, Appellate Division, First Department, in a dispute concerning the enforceability of an arbitration provision in a limited partnership agreement governing the management of offshore funds. Daniel v. Lehman Brothers Holdings Inc., 72 N.Y.S. 3d 823 (1st Dep’t 2018).
- Successfully settled multiple matters involving interest rate swap disputes for Lehman Brothers, in various adversary proceedings before the United States Bankruptcy Court for the Southern District of New York.
- Drafted the winning appellate brief for Barclays, as Appellee, before the United States Court of Appeals, Second Circuit, obtaining an affirmation of the complete dismissal with prejudice of numerous claims and alleged damages in excess of $1.25 billion, in connection with the sale of an entity that owned a submarine fiber optic cable network in the Caribbean. Servin v. New World Network Int’l Ltd., 639 Fed. Appx. 43 (2d Cir. 2016).
- Obtained “interim measures” in a private arbitration proceeding pending before the American Arbitration Association, in the form of an injunction prohibiting his client’s adversary from making certain types of statements in publications and promotions.
- A trial team-member that successfully obtained a plaintiff’s verdict following a four-week bench trial between two healthcare informatics companies, in a dispute concerning an “exclusivity” provision during merger negotiations. Source Healthcare Analytics, Inc. v. SDI Health LLC, No. 2290, 2014 WL 8864942 (Ct. Com. Pl. Phila. Co. Jan. 14, 2014).
- Early in his career, Mr. Bennett was a key member of the defense team for the CEO of Gen Re, in one of the largest criminal investigations of the reinsurance industry. After seven years of litigation against the DOJ, SEC, and various class action plaintiff’s firms, the defense team successfully obtained dismissal of all criminal charges, dismissal or settlement of all civil claims, and a settlement with the SEC without any financial penalty imposed.
Engagement & Publications
- Up the Ladder Reporting Obligations for In-House Counsel under SEC Part 205, CLE Presentation, Spring 2015
- Insider Trading Cases Likely to Be Litigated in 2013 and Beyond, The New York Law Journal, April 11, 2013
- Clawbacks from Madoff Investors: Questions of Economics, Equity, and Law, The Journal of Alternative Investments, Fall 2009, Vol. 12
- Adjunct Professor of Law, Fordham Law School, Fall 2010, Spring 2012 (Trial Advocacy Competition Teams)