Joshua Levy

Before joining the firm, Josh worked at Sullivan & Cromwell LLP, where he also focused on litigating complex commercial litigation. Josh previously served as law clerk for the Honorable I. Leo Glasser, U.S. District Court Eastern District of New York.

Some of Josh’s recent representations include:*

Securities and Shareholder Actions

• Simonelli v. Ferrari, N.V., et al. (N.D. Cal.): Represented a major automaker in obtaining voluntary dismissal — after oral argument in which the court issued a tentative ruling dismissing all claims — of a securities action arising out of a spinoff transaction.
• Pirnik v. Fiat Chrysler Automobiles N.V., et al. (S.D.N.Y.): Represented a major automaker as a lead counsel in a securities class action stemming from allegations that certain vehicles violated emissions and safety regulations.
• Morrison v. Berry, et al. (Del. Ch.): Represented a financial institution as a lead counsel in a shareholder class action alleging aiding and abetting breaches of fiduciary duties in M&A litigation.
• In re Fiat Chrysler Automobiles N.V. Securities Litigation (E.D.N.Y.): Represented a major automaker as a lead counsel in a securities class action stemming from allegations that certain employees bribed union officials.

Other Complex Commercial Litigation

• Kahle v. Cargill, Inc. (S.D.N.Y.): Representing a global food company in litigation by assignee of creditors of swap counterparty alleging fraudulent transfer claims.
• Oto Analytics, Inc. d/b/a Womply v. Capital Plus Financial, LLC, et al. (N.D. Tex.): Representing a technology company that provided services to lenders during the Paycheck Protection Program in litigation against a lender for fraud, tortious interference with contracts, conspiracy, and other wrongdoing.
• Cytec Industries Inc. v. Allnex (Luxembourg) & Cy S.C.A. (S.D.N.Y.): Represented an industrial company in obtaining summary judgment in a post-closing contract dispute arising out of a $1 billion transaction.
• Falberg v. The Goldman Sachs Group, Inc., et al. (S.D.N.Y.):  Represented a financial institution as a lead counsel in an ERISA class action stemming from 401(k) investment options.

Bankruptcy Litigation

• In re Highland Capital Management, L.P. (Bankr. N.D. Tex.): Representing CEO of investment management company in litigation against unsecured creditors, former equity holders, and former CEO.
• In re Lehman Brothers Holding Inc., et al. (Bankr. S.D.N.Y.): Represented an NFL team in litigation against Lehman Brothers concerning swaps used to hedge the risk of financing a new stadium.

_{*Josh advised on some of these matters before joining Willkie.}