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Overview

Joshua Bennett is a Partner in the Litigation Department. He is based in the New York office and a member of the Complex Litigation and Arbitration practice.  He handles federal and state court trials and appeals, and domestic and international arbitrations, involving complex business disputes across various industries, jurisdictions, and cultures.  He regularly collaborates with the firm's Intellectual Property and Life Sciences practices in high stakes matters, and has represented many of the world’s leading companies in pharmaceuticals, biotechnology, healthcare, financial services, private equity, commercial real estate, and national defense. 

He has extensive experience in contractual disputes, and is frequently called upon to handle issues involving business torts, damages and other remedies.  He has served as a lead member in bench and jury trials throughout the United States, and arbitration hearings domestically and internationally, including under the rules of the AAA, JAMS, ICDR, ICC, and SIAC. 

Recognitions

  • Chambers USA, Litigation: “Up and Coming,” General Commercial (2021-2023)
  • New York Metro Super Lawyers: Business Litigation (2023), “Rising Star” (2014-2019)

Education

  • Fordham Law School, J.D., 2004 (winner of the Legal Writing Award, Director of the Brendan Moore Trial Advocacy Center, Member of the Fordham International Law Journal, and externship with the Honorable Leonard D. Wexler, Senior District Judge for the United States District Court for the Eastern District of New York)
  • Colgate University, B.A. in Philosophy, 2001 (member of the Debate Team, and studied abroad at St. Andrews University, Scotland)

Representations

  • The Irvine Company in a large real estate domestic arbitration.
  • Bluebird bio in multiple federal district court and arbitration proceedings, including pending matters involving RICO, antitrust, fraud, and patent infringement allegations.
  • Third Rock Ventures in various commercial disputes.
  • Mitsubishi Tanabe in a multi-billion-dollar patent licensing dispute before the ICC, where our team obtained a final award rejecting every challenge by our adversaries, as well as $22 million in costs.
  • Otsuka in a complex licensing dispute simultaneously litigated in New York Supreme, the English High Court, and the ICDR arbitration, which were successfully settled.
  • The inventor of Trodelvy®, in a pending contractual dispute in Delaware Chancery against his former company.
  • Kratos in multiple litigation and arbitration matters, including a successfully resolved post-acquisition purchase price adjustment dispute in Delaware Chancery.
  • Genoptix in multiple matters, including an AAA arbitration where we obtained a final award of 100% of the amount in controversy in a complex medical billing dispute concerning approximately 15,000 medical procedures, preauthorization rules, and medical necessity.
  • Evrythng Ltd. in a complex trade secret dispute in the Southern District of New York.
  • A leading contract research organization in an AAA proceeding involving contract and fraud claims relating to the management of global oncology drug trial.  After a 50-day hearing, the arbitrator issued a final award denying virtually all of our adversary’s allegations and awarding them approximately only 0.2% of the amount sought.
  • Lehman Brothers in multiple state, federal and arbitration proceedings, including a successful appeal before the New York Supreme Court, Appellate Division, First Department, concerning the enforceability of an arbitration provision in a limited partnership agreement governing the management of offshore funds, and various successfully-resolved adversary proceedings before the United States Bankruptcy Court for the Southern District of New York.
  • 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.
  • Wolters Kluwer, in a four-week bench trial concerning an “exclusivity” provision between parties in merger negotiations, where we successfully obtained a plaintiff’s verdict.
  • 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

Involvement

  • Adjunct Professor of Law, Fordham Law School, Fall 2010, Spring 2012 (Trial Advocacy Competition Teams)

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