Joseph Sanderson

Securities & 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. 
• Defending multinational software and technology business from claims under Section 11 of the Securities Act of 1933 in California state court and parallel federal proceedings arising out of multi-billion dollar merger.
• Winning dismissal of stockholder derivative lawsuit against directors and officers of publicly-traded company concerning its cybersecurity practices in New York Commercial Division.
• Winning dismissal of securities fraud claims against Israeli technology company and its executives.
• Defending leading hedge fund from claims of securities law violations arising out of a hostile takeover bid.
• Winning dismissal of stockholder derivative litigation against leading trucking company over executive stock pledges in Delaware Chancery Court.
• Representing restaurant chain in books-and-records litigation in Delaware Chancery Court.

Complex Commercial Litigation

• 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. 
• Representing owners of hotel in dispute over termination of Sale and Purchase Agreement, including winning anti-suit injunction in Monroe County, New York, to enjoin parallel litigation in Puerto Rico courts.
• Advising Mortgage REIT sponsor on disputes with lenders relating to margin calls.
• Advising pharmaceutical company in disputes related to termination of strategic partnership.
• Representing telecoms company in covenant compliance dispute with indenture trustee and hedge fund noteholder.
• Representing Medicaid managed care organization in bringing antitrust claims to challenge price-fixing conspiracy among majority of physicians in rural area.

International Litigation, Arbitration, and Asset Recovery

• Representing major Taiwanese bank in dispute regarding enforcement of multi-million dollar judgments and post-judgment discovery. 
• Advising Fortune 100 company on pre-judgment attachment in aid of international arbitration claims. 
• Representing investment fund in connection with opposing Section 1782 discovery and advising on strategy related to litigation in Scotland, winning emergency stay of Magistrate Judge’s order shortly after taking over for another firm.
• Representing investors in defunct bank in international arbitration and related Section 1782 proceedings, resulting in Second Circuit opinion broadening scope of Section 1782 discovery.
• Advising payments company on dispute with Spanish bank.
• Advising public pension fund on multi-jurisdictional enforcement efforts for nine-figure arbitration award.
• Advising major Chinese investment bank on strategy to secure potential arbitration award.

Investment Funds Disputes

• Representing private equity executive and founder of new fund in arbitration with his prior firm.
• Representing multiple investment funds in disputes with departing executives.

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.

Consumer Class Actions

• 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.

FTC & SEC Enforcement

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

Trade Secrets & Technology Litigation

• Representing technology company in disputes arising out of its acquisition of mobile application provider.
• Representing technology start-up founder in dispute arising from merger and termination.

Summer Associate, Kirkland & Ellis LLP, Los Angeles, CA, Summer 2014

Ford Foundation Summer Public Interest Fellow, Boston, MA, Summer 2013

Summer Intern, Reprieve, Death Penalty Team, London, UK, Summer 2011

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, 2021 N.Y. Slip Op. 01369 (1st Dep’t 2021).

Representing group of New York City Councilmembers as amici curiae in litigation before the U.S. District Court for the Southern District of New York and the U.S. Court of Appeals for the Second Circuit affirming broad right of access to government records of law enforcement officers’ disciplinary history. Uniformed Fire Officers Ass'n v. Blasio, 2021 WL 561505 (2d Cir. Feb. 16, 2021).

Representing New York Civil Liberties Union in connection with Freedom of Information Law requests to municipalities in New York State.

Representing ACLU of North Carolina as amicus curiae before the North Carolina Supreme Court in winning reversal of conviction of individual detained by state trooper based on defendant “flipping the bird” at trooper. State v. Ellis, 374 N.C. 340 (2020).

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 immigration and constitutional law professors as amici curiae in litigation challenging separation of children from their parents at the border. Ms. L. v. U.S. Immigration & Customs Enforcement, No. 18cv0428 DMS (MDD).

Representing immigrant advocacy organizations as amici curiae in litigation before the U.S. District Court for the Southern District of New York and the U.S. Court of Appeals for the Second Circuit challenging retaliation by immigration enforcement authorities against immigrant rights advocates. Ragbir v. Homan, 923 F.3d 53 (2d Cir. 2019).

Representing historian in defending against defamation claims brought by self-described “Holocaust revisionist” who claimed that it was defamatory to describe him as “anti-semitic” or “Holocaust denier.” Leichty v. Bethel Coll., No. 19-1064-JWB, 2019 WL 5549167 (D. Kan. Oct. 28, 2019).

Representing wage theft victim in enforcing New York State Department of Labor judgment against his employer.

Representing a Nevada inmate in an appeal to the Ninth Circuit in religious liberty case under RLUIPA.

Representing immigrant victim of crime in obtaining legal status after extended processing delays through threat of litigation.

As member of law school clinic, litigated high-profile lawsuit against the State of Connecticut for providing an inadequate educational system in impoverished school districts and for adopting an inequitable school funding system.