A skilled litigator concentrating on complex commercial litigation and appellate practice.
Josh has extensive experience in both state and federal court in a wide variety of cases, including banking, business torts, class actions, contracts, employment, environmental, mass torts, and trusts and estates. He focuses on cases featuring the most intellectually demanding legal issues.
Prior to joining Phillips Lytle, Josh served for many years as career law clerk for Judge Carlos F. Lucero of the U.S. Court of Appeals for the Tenth Circuit. Having worked on hundreds of cases in that role, Josh brings a broad base of knowledge to bear for the firm’s clients.
State University of New York at Buffalo, B.A., summa cum laude, 2003
Admitted to Practice
New York
Colorado (Inactive)
U.S. District Court, Eastern, Northern, Southern and Western Districts of New York
U.S. Court of Appeals, Second Ninth and Tenth Circuits
Experience
Representative Matters
Defended chemical manufacturer in a set of occupational exposure cases, which included litigating a Daubert challenge through appeal and obtaining dismissal of a proposed claim under the Toxic Substances Control Act.
Represented an employer in wide-ranging non-compete and trade secret action brought by a larger competitor, including defense against preliminary injunction and contempt motions.
Obtained dismissal of breach of contract and Uniform Commercial Code claims for a banking client relating to the assignment of proceeds under a letter of credit.
Briefed U.S. Court of Appeals for the Second Circuit appeal resulting in affirmance of the dismissal of a putative class action regarding remediation of the Love Canal Superfund site.
Obtained an injunction prohibiting the state from recouping funds from a nonprofit healthcare provider in a Medicaid rate dispute.
Argued U.S. Court of Appeals for the Second Circuit appeal holding invalid purported amendments to multiemployer pension and welfare plans established under the Labor Management Relations Act.
Co-Presenter, “What You Need to Know About Attorney-Client Privilege in Business Settings,” Phillips Lytle Breakfast Briefing Webinar, May 2023
Presenter, “Nuts & Bolts and a Survey of Changes in 1983 Jurisprudence over the Last Few Years, Current Judicial and Legislative Developments,” “CLE: Law Enforcement Accountability: Section 1983 and Excessive Force Claims” Bar Association of Erie County Webinar, June 2020
Author, “2nd Circ. Ruling Will Guide Social Media Account Ownership,” Law360, February 2024
Co-Author, “Amended Federal Rule 702 and Expert Admissibility: A Rule That Hit the Ground Running,” The National Law Review, December 2023
Co-Author, “Alive and Well: Daubert Challenges Based on an Expert’s Lack of Qualifications,” The National Law Review, October 2023
Co-author, “Conditioning Forum Non Conveniens Dismissals: The Limitations of Judicial Discretion,” New York Journal, September 2022
Co-Author, “Duty To Warn and the Learned Intermediary Doctrine in New York: Does the Duty Require Instructions About How To Mitigate Risk?,” New York Law Journal, January 2022
Co-Author, “MDL Decisions Demonstrate the Need for Rule 702 Reform,” Law360, June 2020
Co-Author, “Department of Justice Uses Travel Act to Prosecute Health Care Fraud Not Otherwise Prohibited Under the Anti-Kickback Statute,” The Daily Record, March 2020
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