JOSHUA K. BROMBERG

• Commercial and Corporate Litigation
• Creditors’ Rights and Bankruptcy Litigation
• Employment Litigation
• Investment Fund Litigation
• Partnership Disputes and Corporate Breakups
• Regulatory Defense
• Risk Management
• Real Estate Litigation
• Trusts & Estates Litigation

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.

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

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

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)