Joshua K. Leader - Partner
New York
Josh Leader handles a wide range of litigation in such areas as complex commercial, securities, product liability, toxic tort, entertainment, employment and intellectual property actions in state and federal courts. Josh also heads the firm’s e-discovery and litigation technology teams.
Commercial Litigation and Counseling
Josh has considerable experience in commercial matters, including assisting a foreign client in managing daily margin calls and renegotiating ISDA foreign exchange derivatives contracts valued at hundreds of millions of dollars, arbitrating indemnity and force majeure issues, defending food and beverage consumer fraud class actions concerning product labeling, and assisting a client to resolve a multi-million dollar construction contract dispute. Josh has represented concert promoters in contractual disputes concerning performers, a major telecommunications corporation in disputes over fiber optic capacity agreements, litigated the interpretation of integration clauses in major retail supply agreements, and advised clients concerning disputes over pharmaceutical co-promotion agreements, multi-year supply contracts, and hedge fund global custody agreements. Josh is also actively involved in the firm’s growing securities and commodities practice and has represented a major broker-dealer in retail and industry arbitrations as well as clients in a natural gas futures class action.
Product Liability / Toxic Tort
Josh has over 25 years of experience in mass tort and complex product liability litigation, including defense of clients in nationwide semiconductor manufacturing litigation and in multiple groundwater contamination cases, defense of food processing companies and retailers in foodborne illness and injury cases, defense of a major appliance manufacturer against mass subrogation claims brought to circumvent class action rules, defense of an international chemical company in litigation alleging GMO contamination of the conventional food supply, as well as a variety of product liability actions, involving issues relating to manufacturing and design defects, fire cause and origin, spoliation of evidence, product recalls, and indemnification. Josh has also obtained dismissals in multiple venues on the grounds of lack of personal jurisdiction for an international chemical manufacturer involved in toxic tort cases alleging severe respiratory injuries from exposure to food flavorings.
Focused on Business Solutions
Josh approaches litigation with an eye toward more than just winning cases – he assists clients in meeting their business goals, either through strategic litigation decisions in the context of the client’s business or through litigation avoidance efforts.
Commercial Litigation and Counseling
Josh has considerable experience in commercial matters, including assisting a foreign client in managing daily margin calls and renegotiating ISDA foreign exchange derivatives contracts valued at hundreds of millions of dollars, arbitrating indemnity and force majeure issues, defending food and beverage consumer fraud class actions concerning product labeling, and assisting a client to resolve a multi-million dollar construction contract dispute. Josh has represented concert promoters in contractual disputes concerning performers, a major telecommunications corporation in disputes over fiber optic capacity agreements, litigated the interpretation of integration clauses in major retail supply agreements, and advised clients concerning disputes over pharmaceutical co-promotion agreements, multi-year supply contracts, and hedge fund global custody agreements. Josh is also actively involved in the firm’s growing securities and commodities practice and has represented a major broker-dealer in retail and industry arbitrations as well as clients in a natural gas futures class action.
Product Liability / Toxic Tort
Josh has over 25 years of experience in mass tort and complex product liability litigation, including defense of clients in nationwide semiconductor manufacturing litigation and in multiple groundwater contamination cases, defense of food processing companies and retailers in foodborne illness and injury cases, defense of a major appliance manufacturer against mass subrogation claims brought to circumvent class action rules, defense of an international chemical company in litigation alleging GMO contamination of the conventional food supply, as well as a variety of product liability actions, involving issues relating to manufacturing and design defects, fire cause and origin, spoliation of evidence, product recalls, and indemnification. Josh has also obtained dismissals in multiple venues on the grounds of lack of personal jurisdiction for an international chemical manufacturer involved in toxic tort cases alleging severe respiratory injuries from exposure to food flavorings.
Focused on Business Solutions
Josh approaches litigation with an eye toward more than just winning cases – he assists clients in meeting their business goals, either through strategic litigation decisions in the context of the client’s business or through litigation avoidance efforts.
Practice Areas
Education
- Emory University School of Law, J.D. (1996)
- Yale College, B.A. (1993)
Admissions
- New York
- U.S. District Court Southern District of New York
- U.S. District Court Eastern District of New York
- U.S. District Court Western District of New York
- U.S. Court of Appeals 2nd Circuit
Professional Activities/Awards
- American Bar Association
- New York State Bar Association
- Defense Research Institute
- Melodramatics Theater Company, Inc., Board of Trustees (2007-present)
- New York Super Lawyers (2012-2019)
- New York Super Lawyers, Rising Stars (2011)
- New York City Bar Association, Member, Product Liability Committee (2012 – present)
- International Association of Defense Counsel
- Rated AV Preeminent by Martindale-Hubbell
Publications/Presentations
- IADC Toxic and Hazardous Substances Litigation Committee Newsletter - Limiting the Application of Kesner Beyond California: A Road Map
- IADC Toxic and Hazardous Substances Litigation Committee Newsletter, New York Courts Continue Raising the Bar for Plaintiffs’ Proof of Causation (June 2016)
- IADC Toxic and Hazardous Substances Litigation Committee Newsletter, Science Before the Law or Cart Before the Horse - Protecting Scientific Integrity at the Courtroom Door (July 2015)
- IADC Product Liability Committee Newsletter, Protective Orders and Discovery Sharing: Beware of Plaintiffs Bearing Sharing Agreements (June 2015)
- Identifying a Principal Place of Business for Diversity Jurisdiction: Supreme Court Settles the Debate, The Metropolitan, co-author with Michael Tiffany (April 2010)
- What Will It Take To Make Non-Hourly Pricing A Real Fee Alternative?, The Metropolitan Corporate Counsel, co-author with Glen Silverstein (January 2010)
- Alternative Fee Arrangements – Reform or Ruse?, International Association of Defense Counsel, New York City Regional Meeting, co-presenter with Louis Pichini (December 2009)
- Beware the Paw: Cat's Paw Liability and Employment Decisions in the Current Economy, The Metropolitan Corporate Counsel, co-author with Gloria Koo (August 2009)
- Hurt By The Crisis - Consider The Litigation Remedy, The Metropolitan Corporate Counsel, co-author with Matthew Allen (January 2009)
- Municipalities and Employee Electronic Communications, International Municipal Lawyers Association, Municipal Lawyer, co-author with Caroline Marino (January/February 2009)
- Where an Employee's Right of Privacy in Electronic Communications Ends and the Employer's Right to Access Begins, The Metropolitan Corporate Counsel, co-author with Caroline Marino (September 2008)
- Building a Better Dispute Resolution Provision, The Metropolitan Corporate Counsel, co-author with Thomas Richards (May 2008)
- Litigation Support Software Helps Level the Playing Field, New York Law Journal
