Biography
Josh is recognized as a leading securities litigator in New York by Chambers USA, with clients calling him “experienced, smart,” a “very savvy lawyer,” and a “valuable resource.” He is also recognized as a “Next Generation Partner” for Securities Litigation: Defense by Legal 500, which describes him as a “national leader” who is “at the top of the list for securities cases no matter how big or complicated.” Additionally, Legal 500 ranks him as a recommended lawyer in the M&A Litigation: Defense category, where he is described as “a pragmatic problem-solver” who “keeps an even-keeled manner.”
Some of his recent nationwide representations include:
- representing Sanofi, a global pharmaceutical company, and its former CEO in obtaining the dismissal of a consolidated federal securities class action brought by a putative class of investors in Sanofi American Depositary Shares;
- representing Sanofi in obtaining the dismissal of federal securities class and individual actions brought by holders of contingent value rights issued in connection with Sanofi’s 2011 acquisition of Genzyme, relating to the performance of Sanofi’s multiple sclerosis drug, Lemtrada®;
- obtaining a significant Third Circuit decision affirming summary judgment for an important private equity client in a federal securities action that, going forward, is likely to provide important protection to portfolio company board designees of private equity firms;
- navigating Gentiva Health Services, Inc. through shareholder class and derivative litigation in New York federal court and Georgia state and federal court relating to the company’s Medicare reimbursement practices;
- representing the former directors of Elizabeth Arden, Inc. in winning the dismissal of all claims in a putative shareholder class action in Florida state court challenging Revlon’s acquisition of Elizabeth Arden, Inc.;
- defending global insurance broker Willis in multi-billion dollar securities class actions arising out of the $7 billion Allen Stanford/Stanford Financial Group Ponzi scheme;
- representing a major real estate investor in multi-forum litigation relating to the ownership and control of his family’s real estate holdings;
- representing the syndicate of underwriters of IntraLinks Holdings, Inc.’s April 2011 secondary offering in a federal securities class action relating to alleged misrepresentations concerning IntraLinks’ enterprise business;
- representing Willis and certain of its officers and directors in connection with federal securities and Delaware fiduciary duty litigation relating to Willis’s 2015 “merger of equals” with Towers Watson;
- representing AMC and certain of its officers and directors in connection with federal securities and derivative litigation arising out of its acquisitions of Carmike and Odeon;
- representing AMC and its board of directors in connection with Delaware fiduciary duty litigation relating to AMC’s issuance and proposed conversation of AMC Preferred Equity Units;
- representing ATI and certain of its officers and directors in connection with federal securities and derivative litigation and Delaware fiduciary duty litigation relating to its 2021 de-SPAC transaction with Fortress Value Acquisition Corp. II; and
- defending numerous shareholder class actions challenging major M&A transactions, on behalf of both targets and acquirers, in the Delaware Court of Chancery and elsewhere.
Josh is a member of the Firm’s Professional Development Committee and a former member of the American Bar Association, where he served as co-chair of the M&A/Proxy Litigation subcommittee of the Securities Litigation committee of the ABA’s Litigation Section, and a member of the New York City Bar Association.