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Joshua B. Katz

Partner

Biography

As an experienced litigator and trial attorney, Josh represents both plaintiffs and defendants in commercial, employment and intellectual property matters. His cases have spanned an array of industries and subjects, including M&A, real estate, hospitality, energy, private equity, swaps and derivatives, ERISA, RICO, and corporate dissolutions.  Josh has successfully tried a variety of cases before judges and juries in both state and federal court, as well as various arbitration forums such as the AAA, JAMS, and FINRA. Some of his representative matters include:

• Following a multi-day bench trial in the Southern District of New York, Jack Gordon and Josh Katz successfully obtained a judgment piercing the corporate veil and imposing personal liability on the controlling shareholder of a corporation that currently owes the firm’s client more than $20 million.

• With Jack Gordon and Alex Paradiso, Josh Katz prevailed before the Court of Appeals for the Second Circuit in a federal civil RICO action which sought more than $1 billion in damages arising from investments by two New York-based entities in a Luxembourg-based real estate development company.  KBG, along with attorneys from several major law firms representing the other defendants, had successfully moved for dismissal before SDNY Judge Denise Cote, who granted the defendants’ motions and dismissed the case in its entirety in September 2020.  The Second Circuit affirmed Judge Cote’s judgment. The Order can be found HERE.

• Josh was lead trial counsel for firm client Greg Holland in a case against his former business partners involving claims for fraud, breach of fiduciary duty and unfair competition.  Following a multi-day bench trial in the SDNY, the Honorable Kenneth M. Karas found in our client’s favor on all of his claims, rejected all of the defendants’ counterclaims, and awarded Mr. Holland a judgment of nearly $1 million.  The judgment can be found HERE.

• Obtained a complete trial victory for the firm’s client, a well-regarded human rights advocate, in a defamation case against a woman who had falsely accused our client of orchestrating a series of complex financial frauds.  Following a bench trial in the SDNY, the Honorable John P. Cronan found in our client’s favor on all of her defamation claims.

• With Michael Kent, successfully represented the firm’s client, Charles Apelian, in obtaining a complete dismissal with prejudice of claims filed against him for defamation and tortious interference in the New York County Commercial Division.  And, in one of the few decisions awarding attorneys’ fees under the recently amended Anti-SLAPP statute, the Honorable Jennifer Schecter ordered the plaintiffs to reimburse Mr. Apelian’s attorneys’ fees and expenses, and specifically noted that “the quality of [KB&G’s] work and the results achieved were excellent."

• Represented the sellers in a breach of contract dispute over an earn-out provision in an M&A transaction.  The clients won a $60 million verdict following a two-week jury trial in New York state court.

• Represented an online advertising business in prosecuting false advertising and defamation claims against a competitor.  A federal jury found the competitor liable for ten different defamatory statements and awarded punitive damages.

• Represented a leading manufacturer of OTC pharmaceuticals and cosmetics in a breach of contract case involving TV advertising air time.  A federal jury awarded the client more than $16 million in damages and rejected all counterclaims asserted against the client.

• Represented management team of private equity firm sued by co-founders for breach of contract and breach of fiduciary duty.  Obtained a key summary judgment ruling resulting in a very favorable settlement.

• Represented a manufacturer of dental products in trademark case brought by a much larger competitor with a long streak of successful trademark litigation in their industry. After the trial judge ruled in favor of the competitor, Josh successfully argued on appeal before the Second Circuit that the competitor’s trademark was invalid because it was functional.  The US Supreme Court denied certiorari in March 2022.

  Josh has also represented a wide variety of pro bono clients in litigations over prisoners’ rights, disability rights, and employment matters.  Josh lives in Manhattan with his wife, dog and two cats.