Joseph M. Sanderson

Complex Commercial Litigation

• Representing art insurer in nine-figure insurance coverage and bad-faith litigation against well-known high net worth individual.
• Won 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).

Restructuring Litigation

• Representing EPC contractor in bringing business torts claims in New York Commercial Division and Appellate Division 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 in Delaware Bankruptcy Court.
• Represented owners of hotel in dispute over termination of Sale and Purchase Agreement, including winning anti-suit injunction, contempt orders, and summary judgment in New York Commercial Division, as well as dismissal of related bankruptcy proceeding and obtaining a widely-cited ruling on commercially reasonable efforts, frustration, and impossibility in light of COVID-19 pandemic. In re Condado Plaza Acquisition LLC, 620 B.R. 820 (Bankr. S.D.N.Y. 2020).
• Represented distressed telecoms company in covenant compliance dispute with indenture trustee and hedge fund noteholder. 

Securities and Stockholder Litigation

• Representing tech company co-founder in bringing fraud, California Corporate Securities Law, and contract claims related to a de-SPAC transaction.
• Won 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).
• Won dismissal of stockholder derivative lawsuit against directors and officers of publicly traded company concerning its cybersecurity practices in New York Commercial Division.
• Won dismissal of securities fraud claims against Israeli technology company and its executives.
• Represented 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.
• Represented major Taiwanese bank in dispute regarding enforcement of multimillion-dollar judgments and post-judgment discovery.
• Represented 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, judgment enforcement, and Hague Service Convention issues.

False Advertising & Consumer Class Action

• Defended a major pharmaceutical company against claims based on several states’ unfair and deceptive acts and practices statutes.
• Defended maker of Stonefire Authentic Naan in false advertising litigation concerning the characteristics of its baking process.
• Defended medical records technology company against challenges to its billing practices in Wisconsin, Georgia, New Jersey, New York, Montana, Texas, and Tennessee.

Mass Tort

• Defended large oil company in litigation arising from response to major oil spill.
• Represented agricultural technology company in complex state and federal litigation relating to claims of trade disruptions related to GMO product.

Government Enforcement

• Defended FERC investigation related to demand response issues.
• Defended CFO and Controller of publicly-traded company in SEC investigation, successfully convincing the SEC not to pursue enforcement action.
• Defended identity theft protection company against FTC contempt claims related to advertising and data security.
• Defended payments company in FTC investigation and affirmative declaratory judgement claims.

Pro Bono

• Represented 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).
• Represented 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).
• Represented 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 New York anti-SLAPP amendments.

• Super Lawyers, Rising Star (2020-2024)
• 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)

• New York City Bar Association, Working Group on the Nominations Process for the New York Court of Appeals—Co-Chair, Judicial Selection Subcommittee
• New York City Bar Association, State Courts of Superior Jurisdiction Committee
• Federal Bar Council, American Inn of Court