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Joshua H. Epstein is a partner in the Litigation Practice Group of Davis & Gilbert. His practice is focused on complex litigation and arbitration involving corporate transactions, business torts, real estate, securities, intellectual property, estates, wills and trusts. Mr. Epstein regularly represents hedge funds, strategic investors, private equity funds, marketing communications firms, lenders, financial institutions and others in a broad range of disputes before federal and state courts, as well as private arbitration panels. In recognition of his achievements, Mr. Epstein was selected as a Super Lawyer by New York Metro Super Lawyers (2012-2018).

Prior to joining Davis & Gilbert, Mr. Epstein was most recently the Managing Partner of SorinRand LLP’s New York office and Chair of the firm’s Litigation Practice Group. He was also the Senior Vice President and General Counsel of Solow Realty & Development Co., LLC.

REPRESENTATIVE ENGAGEMENTS

  • Represented a prominent hedge fund manager in the defense of over $75 million in compensation "clawback" claims brought by a leading global investment bank.
  • Represented a leading public relations agency in a breach of fiduciary duty and tortious interference action brought by a competitor.
  • Represented a hedge fund in actions involving complex credit default swap transactions filed by the fund’s counterparties.
  • Represented a national advertising agency in a breach of contract action pursued by a former client of the agency.
  • Counselling corporate directors and members of a limited liability company with respect to matters of corporate governance and management disputes.
  • Represented a national media buying firm in a trademark infringement action.
  • Represented a testamentary beneficiary (the decedent's son), in Surrogate’s Court litigation between children of a leading New York real estate developer regarding their mother’s estate.
  • Represented a testamentary beneficiary (the decedent’s nephew), in Surrogate's Court litigation challenging the will of a prominent New York artist born into a wealthy French family.
  • Represented a New York estate holding valuable Brooklyn Heights real estate, where the decedent’s four nieces and nephews challenged the validity of the will in Surrogate's Court.
  • Represented the beneficiary of a family trust holding significant commercial real estate in Manhattan’s Tribeca neighborhood, in New York State Supreme Court litigation against her uncle and mother, the trustees of the family trust.

PUBLICATIONS

Co-Author, "Recent Cases Highlight "Digital Assets" As A New Frontier in Estate Planning and Litigation," D&G Litigation Alert, May 2018

Co-Author, "Jurisdiction Test for Foreign Defendants Continues to Narrow," Davis & Gilbert 2016 Mitigating Risk: Key Litigation Developments

Co-Author, "Shielding Against New York's "Faithless Servant Doctrine": How Fund Managers May Protect Themselves Against a Powerful Legal Weapon for Employers," Financial Fraud Law Report, October 2014

PRESS

Mentioned, Law360.com, "FIFA World Cup Ticket Suit Gets The Boot," July 28, 2016

Mentioned, Law360.com, "FIFA Wants A Timeout In Suit Over World Cup Ticket Prices," March 2, 2016

Mentioned, Artnet.com, "Hasted and Kraeutler Sue Each Other Over Claims of Lavish Expenses and Missing Artwork," November 4, 2015

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

Federal Bar Council
BEAT AIDS Project: ZIMBABWE, Board of Directors

BAR ADMISSIONS

New York
U.S. District Courts, Southern and Eastern Districts of New York
U.S. Court of Appeals, Second Circuit

EDUCATION

New York University School of Law, J.D., 1988 (Moot Court Award for Outstanding Advocacy)
Amherst College, magna cum laude, B.A., 1984 (John Woodruff Simpson Fellowship in Law)


REPRESENTATIVE ENGAGEMENTS

  • Represented a prominent hedge fund manager in the defense of over $75 million in compensation "clawback" claims brought by a leading global investment bank.
  • Represented a leading public relations agency in a breach of fiduciary duty and tortious interference action brought by a competitor.
  • Represented a hedge fund in actions involving complex credit default swap transactions filed by the fund’s counterparties.
  • Represented a national advertising agency in a breach of contract action pursued by a former client of the agency.
  • Counselling corporate directors and members of a limited liability company with respect to matters of corporate governance and management disputes.
  • Represented a national media buying firm in a trademark infringement action.
  • Represented a testamentary beneficiary (the decedent's son), in Surrogate’s Court litigation between children of a leading New York real estate developer regarding their mother’s estate.
  • Represented a testamentary beneficiary (the decedent’s nephew), in Surrogate's Court litigation challenging the will of a prominent New York artist born into a wealthy French family.
  • Represented a New York estate holding valuable Brooklyn Heights real estate, where the decedent’s four nieces and nephews challenged the validity of the will in Surrogate's Court.
  • Represented the beneficiary of a family trust holding significant commercial real estate in Manhattan’s Tribeca neighborhood, in New York State Supreme Court litigation against her uncle and mother, the trustees of the family trust.

PUBLICATIONS

Co-Author, "Recent Cases Highlight "Digital Assets" As A New Frontier in Estate Planning and Litigation," D&G Litigation Alert, May 2018

Co-Author, "Jurisdiction Test for Foreign Defendants Continues to Narrow," Davis & Gilbert 2016 Mitigating Risk: Key Litigation Developments

Co-Author, "Shielding Against New York's "Faithless Servant Doctrine": How Fund Managers May Protect Themselves Against a Powerful Legal Weapon for Employers," Financial Fraud Law Report, October 2014

PRESS

Mentioned, Law360.com, "FIFA World Cup Ticket Suit Gets The Boot," July 28, 2016

Mentioned, Law360.com, "FIFA Wants A Timeout In Suit Over World Cup Ticket Prices," March 2, 2016

Mentioned, Artnet.com, "Hasted and Kraeutler Sue Each Other Over Claims of Lavish Expenses and Missing Artwork," November 4, 2015

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

Federal Bar Council
BEAT AIDS Project: ZIMBABWE, Board of Directors

BAR ADMISSIONS

New York
U.S. District Courts, Southern and Eastern Districts of New York
U.S. Court of Appeals, Second Circuit

EDUCATION

New York University School of Law, J.D., 1988 (Moot Court Award for Outstanding Advocacy)
Amherst College, magna cum laude, B.A., 1984 (John Woodruff Simpson Fellowship in Law)