Overview
Joseph M. Sanderson is a commercial litigation associate in the New York office. Joseph's practice focuses on complex litigation and enforcement matters, often with hundreds of millions or billions of dollars at stake, representing both plaintiffs and defendants.
He has represented plaintiffs in complex financial fraud and business tort claims, including representing an EPC contractor in tort and bankruptcy litigation against a power plant, its lenders, and its private equity sponsor, representing real estate developers in fraud claims against their financial advisors, and investors in a Spanish bank in bringing investor-state arbitration claims. He has also represented busted-deal plaintiffs, including defeating claims that pandemic closures violated an ordinary-course covenant or triggered impossibility or frustration defenses and using anti-suit injunctions and contempt proceedings to secure a favorable forum. In the tech sector, he has represented start-up founders in disputes with co-founders and acquirers and tech companies in litigation over misappropriated technology. He also has an active practice in transnational litigation issues, including international judgment enforcement, discovery applications in aid of foreign proceedings under 28 U.S.C. § 1782, and international service of process issues.
On the defense side, his work has ranged from high-profile mass tort litigation to defending against government enforcement action and complex stockholder, bondholder, and securities disputes. He has defended against SEC, FTC, and FERC investigations or litigation, as well as securities class actions, consumer class actions, trade secret claims, and high-profile restructuring disputes. He has pursued creative strategies to push back against claims, including affirmative litigation by investigation targets against government agencies.
Joseph maintains an active pro bono practice and has handled cases on a wide range of issues, including immigration, gender-based violence, freedom of speech, inmates' religious liberty, wage theft, and more. He obtained a landmark ruling on access to justice in the California Supreme Court, key rulings confirming the broad scope of New York City's Gender-Motivated Crimes of Violence Act, and rulings from multiple courts protecting individuals' freedom of speech.
- California
- New York
- US Court of Appeals, Second Circuit
- US Court of Appeals, Ninth Circuit
- US Court of Appeals, Tenth Circuit
- US District Court, Central District of California
- US District Court, Eastern District of California
- US District Court, Northern District of California
- US District Court, Southern District of California
- US District Court, Northern District of Illinois
- US District Court, Eastern District of New York
- US District Court, Southern District of New York
- US District Court, Eastern District of Texas
- US District Court, Western District of Wisconsin
- US District Court, Eastern District of Wisconsin
- US Bankruptcy Court, Southern District of New York
- US Bankruptcy Court, Eastern District of New York
- US District Court, District of Columbia
- J.D., Yale Law School, 2015, Executive Editor, Yale Journal on Regulation Volume 32 Executive Editor, Online Content; Yale Law & Policy Review Volume 33 Education Adequacy Project (Clinic) Director; Capital Assistance Project Research Assistant
- B.A., University of Cambridge, Jesus College, 2012, Double First-Class Honors; 2012 Keller Prize for Distinguished Academic Performance by a Jesus College Undergraduate Finalist; De Smith Moot Court Competition Treasurer & Secretary; Cambridge Union Society Member; Cambridge University Innocence Project Member; Cambridge University Lawyers Without Borders Capital Punishment Project
Areas of Work
Representative Matters
Complex Commercial Litigation
- Representing EPC contractor in bringing business torts claims related to a scheme among a distressed power plant, its lenders, and its private equity sponsor to pretextually terminate it to draw its letter of credit, and in related bankruptcy litigation.
- Representing tech company co-founder in bringing fraud and contract claims related to his departure and a de-SPAC transaction.
- Winning preliminary injunction for major pharmaceutical company in dispute over power to assign of warrant rights over potential blockbuster new drug prospect, preserving specific performance claim in the face of purported warrant termination based on antitrust defense. Nimbus Therapeutics, LLC v. Celgene Corp., 21-CV-6850 (JSR), 2021 WL 5171592 (S.D.N.Y. Nov. 8, 2021).
- Representing owners of hotel in dispute over termination of Sale and Purchase Agreement, including winning anti-suit injunction and summary judgment, dismissal of related bankruptcy proceeding, and widely-cited ruling on commercially reasonable efforts, frustration, and impossibility in light of COVID-19 pandemic. Posadas de Puerto Rico Assocs., L.L.C. v. Condado Plaza Acquisition, LLC, 2020 N.Y. Slip Op. 32176(U) (Sup. Ct., Monroe County Jul 9, 2020); 2021 N.Y. Slip Op. 30570(U) (Sup. Ct., Monroe County Feb. 16, 2021); 2021 N.Y. Slip Op. 31182(U) (Sup. Ct., Monroe County Apr. 14, 2021); In re Condado Plaza Acquisition LLC, 620 B.R. 820 (Bankr. S.D.N.Y. 2020).
- Representing telecoms company in covenant compliance dispute with indenture trustee and hedge fund noteholder.
Securities and Stockholder Litigation
- Winning dismissal and appellate affirmance of dismissal in connection with fraud claims regarding a stock repurchase ahead of an asset sale, in a case that clarified that New York courts will enforce clear non-reliance agreements and releases. Silver Point Cap. Fund, L.P. v. Riviera Res., Inc., 198 A.D.3d 432 (1st Dep’t 2021).
- Winning dismissal of stockholder derivative lawsuit against directors and officers of publicly traded company concerning its cybersecurity practices in New York Commercial Division. Barrientos v. Salmirs, 2020 N.Y. Slip Op. 30933(U) (Sup. Ct., N.Y. County Apr. 13, 2020)
- Winning dismissal of securities fraud claims against Israeli technology company and its executives.
- Representing software company in Securities Act and Exchange Act class actions in U.S. District Court for the Southern District of New York and San Mateo County Superior Court, California, arising from $8.8B merger.
Transnational Disputes & Judgment Enforcement
- Representing Emirati Sheikh in obtaining temporary restraining order to prevent dissipation of assets in California pending domestication of judgment against his brother for misappropriation of their father’s estate.
- Representing owner of judgment and arbitration award against Zimbabwe in multi-jurisdictional judgment and award recognition strategy.
- Representing major Taiwanese bank in dispute regarding enforcement of multimillion-dollar judgments and post-judgment discovery.
- Advising Fortune 100 company on pre-judgment attachment in aid of international arbitration claims.
- Representing investors in defunct bank in investor-state arbitration and related Section 1782 proceedings, resulting in Second Circuit opinion broadening scope of Section 1782 discovery.
- Multiple other matters involving Section 1782 and Hague Service Convention issues.
False Advertising & Consumer Class Action
- Defending a major pharmaceutical company against claims based on several states’ unfair and deceptive acts and practices statutes.
- Defending maker of Stonefire Authentic Naan in false advertising litigation concerning the characteristics of its baking process.
- Defending medical records technology company against challenges to its billing practices in Wisconsin, Georgia, New Jersey, New York, Montana, Texas, and Tennessee.
Mass Tort
- Defending large oil company in litigation arising from response to major oil spill.
- Representing agricultural technology company in complex state and federal litigation relating to claims of trade disruptions related to GMO product.
Government Enforcement
- Defending FERC investigation related to demand response issues.
- Defending CFO and Controller of publicly-traded company in SEC investigation, successfully convincing the SEC not to pursue enforcement action.
- Defending identity theft protection company against FTC contempt claims related to advertising and data security.
- Defending payments company in FTC investigation and affirmative declaratory judgement claims.
Pro Bono
- Representing National Women's Law Center and multiple other organizations as amici curiae in a case before the New York Appellate Division, First Department, leading to a signed opinion rejecting stereotyped and conclusory allegations as insufficient to plead malice to evade the qualified privilege protecting reports of crimes to law enforcement from defamation liability. Sagaille v. Carrega, 194 A.D.3d 92 (1st Dep’t 2021).
- Representing eleven civil rights organizations as amici curiae in a case before the New York Appellate Division, First Department, in a case that led to a landmark decision broadly reading New York City’s Gender-Motivated Violence Act to protect survivors of sexual assault. Breest v. Haggis 180 A.D.3d 83 (1st Dep’t 2019).
- Representing indigent litigant in winning landmark California Supreme Court decision recognizing duty of trial courts to provide court reporters for indigent litigants so that they can have meaningful appellate review. Jameson v. Desta, 5 Cal. 5th 594 (2018).
- Representing multiple defendants and amici in defamation defense and Anti-SLAPP matters, including obtaining order requiring plaintiff to post a bond pending anti-SLAPP motion and representing amici on successful motion for leave to appeal to the New York Court of Appeals regarding retroactivity of New York anti-SLAPP amendments.
News & Publications
Press Releases
Joseph Sanderson Receives Sanctuary for Families 2023 Above & Beyond Award
October 25, 2023
Press Releases
August 4, 2023
Publications
Issuer Risks to Address in Private Securities Transactions
Law360
March 20, 2023
By: Robyn C. Crowther, Nathaniel Kritzer, Meghan L. Newcomer, Joseph M. Sanderson
First Tuesday Update
September 6, 2022
By: Steven K. Davidson, Michael J. Baratz, Joseph M. Sanderson, Lauren Goldschmidt
Noteworthy
- Super Lawyers, Rising Star (2020-2023)
- Best Lawyers, One to Watch (2021-2024)
- Litigation Daily, Litigator of the Week Runner Up (2020) & Shout Out (2023)
- The Legal Aid Society, Pro Bono Publico Award (2019)
- Sanctuary for Families "Above & Beyond Pro Bono Achievement Award," (2023)
Professional Affiliations
- New York City Bar Association, State Courts of Superior Jurisdiction Committee
- New York State Bar Association, Media Law Committee
- New York City Bar Association, Working Group on the Nominations Process for the New York Court of Appeals
- Federal Bar Council, American Inn of Court
- Federal Bar Council, Civil Rights Committee
- New York County Lawyers Association