Overview
Joseph M. Sanderson is a litigation associate in the New York office of Kirkland & Ellis LLP. Joseph’s practice focuses on complex litigation and enforcement matters, often with hundreds of millions or billions of dollars at stake. 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. On the plaintiff side, he has worked on tech industry disputes, such as representing a start-up founder in a dispute against the company that acquired it and representing a technology company in litigation against employees who misappropriated its technology, representing investors in a failed Spanish bank in bringing international arbitration claims, and representing real estate developers in bringing fraud claims against their financial advisors.
Joseph is active in pro bono work. He has taken on pro bono cases on a wide range of issues, including immigration, gender-based violence, freedom of speech, inmates’ religious liberty, wage theft, and more. He was part of the Kirkland team that won a landmark California Supreme Court decision protecting indigent litigants’ right to appeal. Recently, he represented several constitutional and immigration law professors as amici curiae in challenging the separation of children from their parents at the border.
Joseph was recognized as a “Rising Star” by Super Lawyers and “One To Watch” by Best Lawyers in 2020, and received a Pro Bono Publico award from the Legal Aid Society in 2019. Joseph was recognized as a Litigator of the Week Runner Up by Litigation Daily in 2020.
Experience
Representative Matters
Securities & Stockholder Litigation
- 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.
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.
Complex Commercial Litigation
- 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 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 Medicaid managed care organization in bringing antitrust claims to challenge price-fixing conspiracy among majority of physicians in rural area.
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.
International Litigation and Arbitration
- 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.
Prior Experience
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
Pro Bono
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, No. 340A19 (N.C. May 1, 2019).
Representing eleven civil rights organizations as amici curiae in a case before the New York Appellate Division, First Department, in support of a broad reading of New York City’s Gender-Motivated Violence Act. 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 challenging retaliation by immigration enforcement authorities against immigrant rights advocates.
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.”
Representing civil liberties organization as amicus curiae in litigation challenging criminal conviction of individual based on traffic stop premised on conduct criticizing state trooper.
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.
More
Thought Leadership
Publications
Co-Author, Calif. Ruling Should Ease Cross-Border Business Concerns, Law360, April 21, 2020
Co-Author, California Supreme Court Reverses Court of Appeal Decision Barring Consensual Service by Mail on China-Based Parties, Kirkland Alert, April 13, 2020
Co-Author, Forum-Selection for Federal Securities Claims After Sciabacucchi, Securities Regulation Daily, January 11, 2019
Note, Don’t Bury the Competition: The Growth of Occupational Licensing and a Toolbox for Reform, 31 Yale J. on Reg. 455, 2014
Blog Post, North Carolina Board: Much Ado About Nothing, Yale J. on Reg. Notice & Comment, March 4, 2015
Lead Author, Separation of Powers Chapter, in Proposed Constitutional Framework for the Republic of Tunisia, Wilberforce Society (Student Think Tank), 2012
Co-Author, A Bill of Rights for the United Kingdom, Wilberforce Society (Student Think Tank), 2011
Letter to the Editor, The Value of a Constitution (published, with other letters, under title Is It Time to Scrap the Constitution?), N.Y. Times, January 4, 2013
Letter to the Editor, Jahi McMath and the Law, L.A. Times, January 8, 2014
Press Mentions
Litigator of the Week Runner Up, Litigation Daily, Law.com, October 2, 2020
Quoted, Haggis Case Tests Boundaries Of NYC Gender Violence Law, Law360, May 12, 2019
Memberships & Affiliations
Member, New York City Bar Association
-
Consumer Affairs Committee
Member, New York State Bar Association
Member, Federal Bar Council
- Civil Rights Committee
Member, New York County Lawyers Association
Credentials
Admissions & Qualifications
- 2015California
- 2018New York
Courts
- Supreme Court of California
- Supreme Court of the State of New York, Appellate Division, First Judicial Department
- Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
- United States Court of Appeals for the Second Circuit
- United States Court of Appeals for the Ninth Circuit
- United States District Court for the Central District of California
- United States District Court for the Northern District of California
- United States District Court for the Southern District of California
- United States District Court for the Northern District of Illinois
- United States District Court for the Eastern District of New York
- United States District Court for the Southern District of New York
- United States District Court for the Eastern District of Texas
- Supreme Court of the State of New York, New York County Commercial Division
- Supreme Court of the State of New York, New York County Civil Branch
- Supreme Court of the State of New York, Monroe County Commercial Division
- Superior Court of California, County of Los Angeles
- Superior Court of California, County of San Francisco
- Superior Court of California, County of San Mateo
- Superior Court of California, County of Santa Clara
- 29th Judicial District Court, Louisiana (pro hac vice)
- 40th Judicial District Court, Louisiana (pro hac vice)
- New Jersey Superior Court, Camden County (pro hac vice)
- United States District Court for the District of New Jersey (pro hac vice)
- United States District Court for the District of Montana (pro hac vice)
- United States District Court for the Southern District of Texas (pro hac vice)
Languages
- English
- French
Education
- Yale Law SchoolJ.D.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, Professor Bruce Ackerman
- Jesus College, University of CambridgeB.A., Law(Hons), with Double First Class Honors2012
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