JOSHUA K. BROMBERG

PARTNER

Recognized in Best Lawyers in America: Ones to Watch 2021, 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

Insights

SEC Enforcement Action Against SPAC, Sponsor, Merger Target, and CEOs for Misleading Statements

July 23, 2021

Background On July 13, 2021, the U.S. Securities and Exchange Commission (the “SEC”) filed an administrative enforcement action and announced a settlement with Stable Road Acquisition Corp. (“Stable Road”), a special purpose acquisition company (“SPAC”); SRC-NI Holdings, LLC, Stable Road’s sponsor (the “Sponsor”); Brian Kabot, Stable Road’s Chief Executive Officer and the Sponsor’s managing member (“Kabot”);…

Go West! Delaware Forum Selection Clause Nullified by California Constitution

September 3, 2020

On July 29, 2020, the Superior Court of California, County of Los Angeles, handed down a decision with potentially great significance to parties to contracts with Delaware forum selection clauses. West v. Access Control Related Enterprises, LLC In 2017, plaintiff William West (“West”) sued his former employer, Access Control Related Enterprises, LLC (“ACRE”) in California,…

Kleinberg Kaplan Attorneys Recognized in Best Lawyers in America

August 21, 2020

Premier boutique law firm Kleinberg Kaplan has been recognized in the Best Lawyers in America 2021 edition. Several firm attorneys were listed in the Best Lawyers in America and in the inaugural Best Lawyers in America: Ones to Watch categories. Best Lawyers in America 2021 Philip Gross (Tax Law) Jeffrey B. Kolodny (Trusts & Estates) James R.…

Wish You Were Here: Notarizing in the Age of Social Distancing

April 14, 2020

As we manage the many dislocations resulting from the COVID-19 pandemic, some of the more ordinary tasks still need to be undertaken. One such task is notarization. How can one subscribe and swear “before” a notary in this age of social distancing? Fortunately, workarounds are available, some new and some already existing pre-pandemic. New York State Notarization Using…

Private Investment Funds & Capital Commitments: Force Majeure as Investors’ Defense Du Jour?

April 8, 2020

Investment funds continue to grapple with COVID-19, responding to fluctuating financial markets and the ongoing economic, strategic and practical challenges facing them. During this tumultuous period, the funds’ limited partners, perhaps struggling with liquidity issues of their own, may be at risk of defaulting on capital calls triggered by the funds and their general partners. These defaults…

The Force May Be With You: COVID-19 and Force Majeure Provisions

March 31, 2020

COVID-19 has caused major disruption to businesses, commerce and the financial markets. With the CDC and WHO projecting that the coronavirus is only in its early stages in the United States, businesses and individuals may feel the burden of the effects of COVID-19 for the foreseeable future. As the flow of goods and services continues…

Kleinberg Kaplan Announces Partner Promotions

January 15, 2020

Premier boutique law firm Kleinberg Kaplan announces the promotion of two lawyers. Joshua K. Bromberg, a litigator, and Arinze Ike, a corporate lawyer, have been named partners effective January 1, 2020. For almost 50 years, New York-based Kleinberg Kaplan has been a leader in advising hedge and private equity funds, sophisticated business ventures, prominent real estate operators, and family…

Supreme Court Finds the SEC’s In-House Enforcement Proceedings To Be Unconstitutional: An Easy Fix

June 27, 2018,

On June 21, 2018, the U.S. Supreme Court handed down its decision in Lucia v. Securities and Exchange Commission, finding that the SEC’s system of appointing administrative law judges (ALJs) by the SEC staff, rather than by the SEC commissioners themselves, is unconstitutional.   The case resolved a split between the U.S. Courts of Appeals for the…

Supreme Court Limits SEC’s Recovery on Disgorgement Claims

June 7, 2017,

On June 5, 2017, the U.S. Supreme Court rendered a decision of significant consequence to securities industry participants, holding that disgorgement claims under the federal securities laws are “penalties” under 28 U.S.C. § 2462, and therefore are subject to a 5-year statute of limitations. The Supreme Court’s unanimous decision in Kokesh v. Securities and Exchange…

New York’s Highest Court Affirms Enforceability of Agreements That Are “Subject To” Further Documentation

January 12, 2017,

On December 20, 2016, New York’s highest court rendered a decision confirming what participants in financial markets have long believed to be true: that absent an express manifestation of the parties’ intent not to be bound, an agreement to buy or sell a financial instrument that includes all material terms but is “subject to” additional…

Two Federal Judges in New York Reject Bids To Enjoin SEC Administrative Proceedings Against Securities Fraud Defendants

July 1, 2015,

On June 30, 2015, U.S. District Judge Ronnie Abrams handed down an important decision affecting the SEC’s controversial practice of bringing insider trading enforcement actions in the form of in-house administrative proceedings instead of as civil court actions. In a 23-page opinion, Judge Abrams refused to enjoin the SEC from continuing with an ongoing administrative…

Federal Court Chips Away at SEC’s Use of In-House Administrative Proceedings Against Insider Trading Defendants

June 11, 2015,

On June 8, 2015, U.S. District Judge Leigh Martin May handed down an important decision affecting the SEC’s practice of bringing insider trading enforcement actions in the form of in-house administrative proceedings instead of civil court actions. In a 45-page opinion, Judge May enjoined the SEC from continuing with an ongoing administrative proceeding on the…

SEC Issues Guidance Regarding Administrative Proceedings

May 11, 2015,

On Friday, May 8, 2015, the Securities and Exchange Commission issued guidance to its staff to assist in determining whether to bring enforcement actions in federal district court or as administrative proceedings before an Administrative Law Judge. The administrative proceedings have become highly controversial in recent years, as many defendants in the proceedings have complained…

SEC’s Co-Chief of Enforcement (Asset Management Unit) Describes Enforcement Priorities for the Year

March 3, 2015

The Co-Chief of the Securities and Exchange Commission’s Asset Management Unit (the “AMU”) recently provided a revealing and important glimpse into the SEC’s priorities in bringing enforcement actions in the investment fund community. Julie M. Riewe gave an overview of the AMU’s capabilities and accomplishments in the five years since it was formed, and provided…