Kleinberg Kaplan partner Joshua Bromberg was quoted in Bloomberg Law article, “Companies Mull Challenges After Corporate Transparency Ruling,” discussing the recent federal court ruling on the Corporate Transparency Act of 2021 (the “CTA”). The ruling declared the CTA unconstitutional, potentially leading to prolonged legal battles and leaving businesses uncertain about compliance. Joshua emphasized that New…
JOSHUA K. BROMBERG
PARTNER
Recognized in the 2021 and 2022 editions of Best Lawyers: Ones to Watch in America (Commercial Litigation), Joshua Bromberg is an accomplished litigator whose practice encompasses a wide array of industries and areas of law. Leading investment managers, corporate executives and financial institutions rely upon Joshua to develop bespoke solutions to their most critical challenges.
Practices
About
Joshua guides clients through every stage of a dispute, never hesitating to pursue litigation in order to achieve a client’s strategic objectives. He represents a wide range of individuals and companies in commercial and corporate litigation in state and federal courts, as well as before arbitration tribunals and regulatory agencies. His advice extends to securities, contract, employment, real property, trusts and estates, and intellectual property matters.
Joshua routinely handles cases involving disputes over contracts, including licensing contracts, insurance contracts, contracts for delivery of goods and commodities, and other complex agreements. He has extensive experience in financial products and securities litigation, and has represented top-tier financial institutions in disputes surrounding collateralized debt obligations, mortgage-backed securities, credit default swaps and other derivatives. Joshua also has significant experience litigating various family disputes, including complex trusts and estates cases and partition actions in New York State courts, as well as trademark disputes, which he has successfully litigated in federal court in the Southern District of New York.
Experience
Commercial/Contract Litigation
- Representing a consulting firm in a breach-of-contract litigation against a defaulting client, obtaining summary judgment for the full amount owed, plus interest, successfully defending the judgment on appeal, and collecting the full amount of the judgment
- Defending officers of a payroll company involved in a contract dispute with its insurance provider, winning dismissal of tort and punitive damages claims
- Defending the principal of an insolvent company against claims for breach of a loan guarantee, resulting in the stipulated dismissal of all claims with prejudice and no liability to the client
- Representing an individual in a dispute regarding ownership of property and alleged fiduciary claims, winning an award of the entire parcel on a motion for summary judgment and obtaining favorable settlement of the tort claims
Trademarks
- Defending an apparel manufacturer and its principals in a trademark infringement suit, asserting counterclaims and successfully litigating the case through discovery and summary judgment to trial readiness, resulting in dismissal with prejudice and no liability to the clients
- Representing the owner of the GOT MILK?® trademark (an instrumentality of the State of California), in a declaratory judgment action by a trademark licensee seeking to invalidate the trademark, successfully obtaining transfer of the case to federal court in California
- Defending a California trademark owner against a declaratory judgment action by an international cosmetics conglomerate, bringing a successful motion to dismiss the case for lack of jurisdiction, and obtaining transfer of the case to a federal court in California
- Representing makers of medical products against an infringement and unfair trade practices suit by an international pharmaceuticals conglomerate, resulting in partial denial of the plaintiff’s motion for an injunction and achieving a favorable settlement for the client, including no finding of liability
- Obtaining removal of counterfeit or infringing products from Amazon and eBay on behalf of clients owning valuable trademarks and copyrights
Arbitration and Mediation
- Representing hedge fund investors against a fund manager in state court, federal district court and bankruptcy court, reaching a favorable settlement in mediation
- Representing an international commercial bank in arbitration against a software vendor to recoup costs for the vendor’s failure to perform on a contract to deliver a new cash-management platform
- Defending customers of a major brokerage house in a FINRA arbitration brought by the broker for clawback of amounts improperly distributed to customers (as determined by a court in separate proceedings), resulting in a favorable settlement for less than the amount owed
- Representing a small mining company in an arbitration against a global commodities trading conglomerate, resulting in a favorable settlement
Judgment Enforcement
- Enforcing $1.2 million judgment held by a landlord of commercial property against a defaulting tenant, resulting in full satisfaction of the judgment
- Representing debtors against a bank lender in connection with defaulted loans, obtaining favorable settlement of an outstanding judgment against the clients
- Enforcing default judgment against an out-of-state resident in connection with a trademark lawsuit
Special Representations
- Advising clients in connection with responses to subpoenas issued by the Securities and Exchange Commission and Department of Justice in connection with ongoing investigations
- Defending and prosecuting multiple federal court proceedings involving discovery in aid of a foreign proceeding pursuant to 18 U.S.C. Section 1782
- Coordinating and advising on the filing and successful collection of a multimillion-dollar claim in a derivative class action on behalf of a hedge fund client
- Advising a hedge fund in connection with its response to a whistleblower complaint, the internal investigation of a fund employee, and subsequent unwind of the fund due to related issues
- Assisting a disabled client in obtaining special accommodations for licensure by the State Board of Education, resulting the license being awarded to the client
- Representing a hedge fund management company in connection with its response to a subpoena issued to it in an employee’s divorce proceeding
- Providing analysis, advice and monitoring to the firm’s fund clients in connection with litigation affecting the clients’ strategic investments
Employment
- Advising individual clients and negotiating separation agreements and severance packages in connection with the termination of their employment
Education
Yeshiva University, Benjamin N. Cardozo School of Law (J.D., with honors, 2011)
New York University (B.A., English and American Literature, with honors, 2001)
Bar Admissions
2016, U.S. Court of Appeals, 2nd Circuit
2013, U.S. District Court, Eastern District of New York
2013, U.S. District Court, Southern District of New York
2012, U.S. District Court, District of New Jersey
2012, New Jersey
2012, New York
Accolades
John K. Geiger Award, Her Justice
For pro bono work on behalf of victims of domestic abuse, 2014
Safe Haven Award, Immigration Equality
For pro bono work on behalf of a refugee seeking asylum, 2012
Jacob Burns Medal
For Outstanding Moot Court Achievement, 2011
Publications
Want to keep your LLC anonymous in NY? That’ll be $250
Axios, July 2023 (quoted)
The return to business as usual for insider trading litigation
Westlaw Today, March 2023 (co-author)
Ellison, Wang Cooperation ‘Bodes Very Badly’ for FTX Founder Sam Bankman-Fried, White-Collar Attorneys Say
New York Law Journal, December 2022 (quoted)
Insider Trading and NFTs
Westlaw Today, June 2022 (co-author)
Insights
Kleinberg Kaplan’s Joshua Bromberg Quoted in Bloomberg Law Regarding the Corporate Transparency Act Ruling
March 6, 2024Firm NewsKleinberg Kaplan’s Joshua Bromberg Quoted in Bloomberg Tax Regarding Effectiveness of Bill Intended to Uncover LLC Owners
August 16, 2023Firm NewsKleinberg Kaplan partner Joshua Bromberg was quoted in Bloomberg Tax article, “Tax Professionals Question Muscle Behind NY Bid to Unmask LLCs.” The article discusses the possible efficacy of a proposed bill to create a state database of beneficial owners of limited liability companies, given the “low penalty structure” and potential workarounds for the LLC owners.…
The Return to Business As Usual for Insider Trading Litigation
March 16, 2023Client AlertsA federal appeals court, in U.S. Securities and Exchange Commission v. Christopher Clark, recently reversed a lower court’s decision and remanded the case for a jury trial on civil insider trading claims based on suspicious trading and circumstantial evidence, with no direct proof of wrongdoing by the defendant. With this new ruling, the Securities and…