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