Overview
Joshua Bennett is a partner in the Complex Litigation and Arbitration practice, based in the New York office. He is a seasoned commercial litigator who handles high-stakes business disputes in state and federal courts across the country, as well as in domestic and international arbitration forums around the world. Clients regularly turn to him for his deep, broad-based expertise in contract litigation. He also significant experience in specialized matters such as disputes at the intersection of contract and patent law, in addition to healthcare and commercial real estate litigation. He also regularly collaborates with the firm’s Intellectual Property practice in complex life sciences and technology disputes.
Over more than 20 years in private practice — including more than 15 years with Paul Hastings — Josh has represented many of the world’s leading companies across a wide range of industries, including pharmaceuticals, biotechnology, healthcare, semiconductors, software, financial services, private equity, commercial real estate and national defense. He has served as lead counsel in bench and jury trials across the United States, and in arbitration hearings under the rules of the AAA, JAMS, FedArb, ICDR, ICC and SIAC. He has been ranked individually by Chambers USA for five consecutive years as a leading practitioner in general commercial litigation, and he is a longstanding member of the firm’s New York general commercial litigation practice, which is recognized as among “the Elite.” Clients say, “no one can beat Josh’s writing,” praising it as “compelling but with no hyperbole.” They also highlight that he “knows the subject area inside and out” and “has the ability to analyze things from multiple different angles.”
Accolades
- Chambers USA, Litigation: General Commercial (2021-2025)
- New York Metro Super Lawyers: Business Litigation (2023-2025), “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
- Incyte Corporation, a leading biotechnology company, in a billion-dollar patent license royalty dispute that was successfully resolved.
- JSR Corporation and Inpria Corporation in a research contract/patent inventorship dispute regarding semiconductor manufacturing technology pending in the Northern District of New York, and a patent infringement matter in the District of Delaware.
- The Irvine Company in a large real estate domestic arbitration.
- bluebird bio, a leading biotechnology company, in multiple federal district court and arbitration proceedings concerning cutting-edge gene therapy technology, defeating claims of more than $2 billion brought by San Rocco Therapeutics.
- 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.
Involvement
- Adjunct Professor of Law, Fordham Law School, Fall 2010, Spring 2012 (Trial Advocacy Competition Teams)