Over the course of his career, Mr. Glatter has achieved outstanding results for his clients. Below are some highlights:
Josh served on the plaintiff’s trial team in Linde v Arab Bank plc (E.D.N.Y,), the first civil lawsuit under the federal Anti-Terrorism Act against a financial institution to ever proceed to a jury trial following a decade of litigation. In 2014, following a six-week jury trial in Brooklyn Federal District Court on liability issues that garnered international media attention, the jury returned a verdict for the plaintiffs, holding the defendant – the Kingdom of Jordan’s largest bank – liable for injuries to U.S. nationals and their families that resulted from 24 attacks attributable to the designated Foreign Terrorist Organization Hamas. Post-trial pre-appeal the lawsuit settled for a very sizeable confidential amount. Josh and his colleagues were awarded Public Justice’s Trial Lawyers of the Year award.
Josh was also on the senior litigation team in other highly-publicized civil counterterrorism lawsuits, including serving on the appellate team in Weiss v. National Westminster Bank PLC (E.D.N.Y), in which he and his colleagues succeeded in convincing the Second Circuit Court of Appeals to reverse the trial court’s earlier grant of summary judgment to the bank.
Josh was a senior member of the litigation team against a European bank who settled with the family of a terrorist attack for a considerable confidential figure after the bank lost a motion to dismiss, and before any discovery had commenced in the case.
Serving as one of the principal brief writers in a lawsuit against Chiquita Brands International Inc. on behalf of the families of American missionaries whose loved ones were kidnapped and murdered by South American Foreign Terrorist Organizations, which also settled for a substantial confidential amount before trial.
Early in his career as a junior associate at a nationally known criminal defense boutique law firm, Josh was principal associate representing the Chief Executive Officer of a well-known publicly traded clothing manufacturer, who had been accused of securities fraud and illegal insider trading. The client was also a defendant in an SEC enforcement action and private civil class action. With Josh serving as principal drafter of a sentencing memorandum, the team secured an incarceration term for the client dramatically lower than what the Government insisted was warranted.
In 2016, Josh served on the trial team in a 2-week trial in Nevada federal court (Millennium Drilling Co., Inc. v. Beverly House-Myers, et al., (D. Nev.)). Following nearly four years of hard-fought litigation Josh and his colleagues won a verdict for their clients in a complex oil-and-gas investment dispute between disgruntled investors and Josh’s promoter client. Josh argued the post-trial pre-verdict motions for judgment as a matter of law and succeeded in defeating the investors’ motion from the bench. The verdict won a Nevada “Top 20 Verdicts” award.
From 2000 to 2006, Josh was associated with Harwood Feffer LLP, where, among other cases, he played a significant role in In Re Safety-Kleen S’holders Litig. (D.S.C.), a highly complex and contentious accounting manipulation class action, in which he deposed the Chief Financial Officer, the defendants’ economist and accounting experts, and multiple auditors. On the eve of trial, while packing his bags to commence jury selection activities, the case settled for $54.5 million.
Mr. Glatter was principal author of briefs in Alessi v. Beracha, a case brought on behalf of “odd lot” investors regarding secret merger negotiations, and resulted in significant decisions of first impression from Delaware state and federal courts concerning pre-emption under the Securities Litigation Uniform Standards Act, and the absence of bright line “price-and-structure” rules, finally culminating in a very favorable settlement for the investors.
Josh and his former colleagues represented the Chief Financial Officer of a dual-listed spy-tech company who was the target of an SEC investigation, which resulted in neither charges nor even a Wells Notice being filed against the client, and the client paid no money into a global settlement of a related private class action where he was named as a defendant.
Josh was a senior member and supervised brief writing for the litigation team representing a professor at a prominent university who had been denied tenure. The team obtained an unheard-of injunction prohibiting the university from shuttering the client’s laboratory.
Josh has represented several clients accused of alleged sexual misconduct and achieved favorable confidential resolutions for each of those matters.
In Atta v 450 W. 31st Street Owners Corp. et al (Sup. Ct. N.Y. Cty) Mr. Glatter represented the Board of Directors of a valuable commercial cooperative and successfully dismissing pre-discovery Article 78 proceeding by former Board member alleging ultra vires Board conduct, adverse possession, easement-by-prescription, breach of fiduciary duty, and permanent injunction request.
Josh represented Edison Parking and, right before a holiday weekend, successfully obtained an ex parte injunction requiring adjacent building to prohibit residents from damaging client and customers by throwing dangerous objects from roof. Thereafter, Josh negotiated a highly favorable resolution for the client.
Josh and several former colleagues represented the sellers of a multi-million-dollar residential condominium in Manhattan in connection with the Board’s failure to timely exercise or decline right of first refusal. After Josh assembled and filed a highly detailed complaint in record time, the Board “threw in the towel” and issued the declination before a judge was even assigned to the case.
While a partner at Fleischman Bonner & Rocco, Josh served as co-lead class counsel in Olvera v Mazzone Mgt. Grp resulting in approval of $3 million settlement in his clients’ favor in connection with wage and tip theft claims.
Mr. Glatter and his colleagues also served as investigative counsel to the Special Litigation Committee in Pillartz v Weissman et al (Sup. Ct. NY Cty). The investigation and Josh’s subsequent report to the Committee led to the Court’s dismissal of all of the investor’s derivative claims against the company.
Josh represented the developer of a valuable historic warehouse converted to condominiums in New York City in litigation with a minority LLC member regarding alleged failure to distribute proceeds and conversion of state loan funds, which concluded in a favorable settlement for the developer.
Josh, along with his former colleagues, represented clients falsely accused of wrongful death, breaches of fiduciary duty, and conversion. Serving as principal brief writer, Josh succeeded in convincing the trial court to dismiss all the plaintiff’s claims, and that decision was subsequently affirmed on appeal.
In Rekor Sys. Inc. v Rhulen et al (S.D.N.Y.) Mr. Glatter was a member of the litigation team representing the Board of Directors of a publicly traded company. Josh briefed, argued, and defeated defendant/counterclaim plaintiffs’ motion for judgment on the pleadings on allegations accusing clients of fraudulent inducement.
Josh served on the plaintiffs’ lead counsel team for stockholders in In re Allied Products Sec. Litig., (N.D. Ill.), in which he deposed all of the key fact and expert witnesses. Following intense mediation before a former federal judge, Josh and his colleagues achieved a $4 million settlement in connection with alleged percentage-of-completion accounting fraud.
Josh represented thousands of New York consumers in In re Footlocker Stores Inc. Litig. (Sup. Ct., N.Y. Cty) wherein the consumers alleged Footlocker failed to inform gift card purchasers of the cards’ potential dormancy fees and achieved an early settlement that included removal of cards’ expiration dates and up to 75% credit to cards assessed late fees.
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