Josh focuses his practice predominantly on commercial litigation and higher education matters, as well as high-exposure tort matters for gas and electric utilities.
Josh regularly litigates commercial matters arising from breach of contract and business torts in state and federal courts throughout New York. He has also handled numerous commercial construction matters involving change orders, cost overruns, nonconforming work, and performance warranties on behalf of owners, engineers, and contractors in court and American Arbitration Association proceedings.
In his higher education practice, Josh defends colleges and universities against all varieties of claims of discrimination, harassment, and retaliation in courts and before the NYS Division of Human Rights, and also advises on and litigates matters involving faculty tenure reviews, student conduct issues, and academic challenges by students. Josh frequently handles traditional Title IX and so-called “reverse Title IX” actions arising from reports of sexual misconduct, as well as related investigations by the U.S. DOE’s Office for Civil Rights. Josh has also represented institutions of higher education in select tort matters, including matters intersecting with Title IX, VAWA, and the Clery Act.
Josh represents utility companies following catastrophic natural gas and electrical events and has handled numerous incidents from on-scene investigation through litigation. He frequently works with technical experts in a variety of fields, including cause and origin, metallurgy, materials science, geotechnical and geological engineering, hydrology, and standard of care experts.
Josh is a member of the Federation of Defense & Corporate Counsel (FDCC), a membership that is granted by invitation only following an extensive peer-review selection process. An active member of FDCC, he serves as a New York State Representative, Co-Vice Chair of the Energy & Utilities Section, and is a member of the Business & Commercial Litigation Section.
- Obtained dismissal of NYS Article 78 proceeding and subsequent plenary action by doctoral candidate alleging discrimination and retaliation. Nanavati v. The New School, Index No. 650163 (Sup. Ct. NY Cty., April 7, 2021) and Index No. 151444/2019 (Sup. Ct. NY Cty., Oct. 28, 2019).
- Obtained dismissal of “reverse Title IX” and breach of contract claims against university in NYS Article 78 proceeding and in federal court. B.B. v. The New School, Index No. 159161/17 (Sup. Ct. NY Cty., Sept. 26, 2018) and B.B. v. The New School, Civil Action No. 17-cv-8347 (AT), 2018 U.S. Dist. LEXIS 80068 (S.D.N.Y., April 30, 2018).
- Obtained dismissal on behalf of college of all significant claims brought by former student alleging disability discrimination, civil rights violations, false arrest, and numerous additional tort-based claims. Bied v. Hudson Valley Community College, Civil Action No. 15-cv-1011 (TLM/DEP), 2018 U.S. Dist. LEXIS 55143 (N.D.N.Y., Mar. 30, 2018).
- Defending global water treatment systems supplier against claims for breach of contract and breach of performance warranty.
- Represented gas utility in on-scene investigation and litigation involving numerous actions for personal injury, property damage, and lost business revenue claims arising out of natural gas explosion damaging twenty residential properties and injuring five residents.
- Obtained dismissal of all claims against utility arising from natural gas explosion destroying 40-unit apartment complex.
- Obtained summary judgment for breach of contract on behalf of electric utility against windfarm developer for failed interconnection project.
- University at Buffalo Law School, J.D., summa cum laude, 2010
– Buffalo Law Review, Executive Editor
- Hamilton College, B.A., magna cum laude, 2007
Admissions to Practice
- New York
- U.S. District Courts of New York (All Districts)
- U.S. Bankruptcy Court (Western District of New York)
- Federation of Defense & Corporate Counsel
– Co-Vice Chair, Energy Utilities Law Section
– New York State Representative
- Monroe County Bar Association
Presentations & PUBLICATIONS
- "New Guidance Impacting Cross-Examination in Title IX Hearings." The Daily Record, August 2021.
- "Appellate Division Reinstates Suspension of Students for Off-Campus, Unmasked Social Gatherings." Ward Greenberg Legal Update, April 2021.
- Selected to The Best Lawyers in America®
– Commercial Litigation
- Selected to New York Super Lawyers® Rising Stars, 2014-2021
- The Daily Record, Up & Coming Attorney, 2017
- Campaign for Justice
– Cabinet Member