JOSHUA F.

NESSEN
27 West 86th Street
T: (646) 789-8249
New York, NY 10024 jn8e
a03c@westpost.net

LITIGATION ASSOCIATE a ATTORNEY

Highly accomplished and results-oriented Attorney with 20+ yearsa experience in
commercial matters, employment law, insurance and reinsurance litigation, ERISA,
environmental law, and shareholders actions. Proven ability to resolve complica
ted legal issues, handle litigation, arbitration, and administrative proceedings
, and manage summary judgment, trial, and appellate work. Expertise conducting l
egal research and pre-trial discovery, taking and defending depositions, and pre
paring briefs and motions. Determined and persuasive communicator with ability t
o dispute opposing counsel and persuade judges and juries. Top-performer, except
ional research and writing skills, and valuable contributor to community action
organizations and legal teams.
Litigation a Arbitration a Commercial Law a Employment Law aInsurance Law aTrial
Law a Discovery
Depositions a Motions a Briefs a Direct/Cross Examinations a Administrative Law
a Client Counseling
Settlement Negotiations a Case Evaluation a Workers Compensation Litigation a Le
gal Research

LEGAL EXPERIENCE
MICHAEL FAILLACE & ASSOCIATES, LLP, New York, NY
2006 - Present
Of Counsel
Manage complex litigation and arbitration for employment law firm resolving empl
oyment discrimination, defamation, and workeras compensation matters. Prepare an
d respond to discovery requests, conduct and defend depositions, and prepare mot
ions, especially on summary judgment. Develop case analyses of major anti-discri
mination statutes including ADA, FMLA, ADEA, and EPA for Continuing Legal Educat
ion publications. Evaluate and prepare cases for arbitration and trial.
a Pozo v. J&J Hotel - Achieved favorable settlement after conducting numerous de
positions, difficult defense of plaintiffas deposition, and successfully defeati
ng defendantas motion for summary judgment.
a Garcia v. United Federation of Teachers, et al. - Defeated motion to dismiss d
efamation and discrimination case resulting in favorable client settlement.
a Conducted two week Superior Court trial of election law case and argued appeal
before the Connecticut Supreme Court leading to new standard on overturning pri
mary elections.
a Demonstrated ability to victoriously overcome powerful institutions on behalf
of clients subjected to discrimination or defamation.
a Recognized for ability to establish productive, trusting, and effective partne
rships with difficult and highly stressed clients.
COSTIGAN & COMPANY, P.C., New York, NY
2003 - 2005
Litigation Associate
Performed extensive research, drafted motion papers, and prepared for trials, ap
peals, and arbitrations for insurance, reinsurance, and ERISA matters. Took depo
sitions, argued motions, and evaluated and prepared cases for arbitration and tr
ial. Counseled clients and negotiated settlement agreements.
a Muhl v. Vesta Corporation - Won liability portion of trial and achieved settle
ment of $16.5M.
a Simmons v. Simmons - Prevailed in ERISA trial regarding breach of fiduciary du
ty.
a 55th Management Corp. v. Goldman - Achieved motion to dismiss for elderly tena
nt being sued by landlord for $2M.
a Effectively translated complicated research into legal briefs and motions.

Joshua F. Nessen Page 2

HOWE & ADDINGTON, LLP, New York, NY
1999 - 2002
Litigation Associate
Litigated breach of contract actions, construction cases, employment disputes, s
hareholder derivative actions and environmental matters for mid-size firm focuse
d on various commercial cases. Managed high-volume case load, prepared for trial
s, and counseled clients.
a Collaborated with partner to win multi-million dollar settlement for breach of
contract construction case for Chelsea Piers against prominent architects and c
ontractors.
a Prevailed at trial in breach of contract case of husband failing to convert to
Judaism.
a Brought Article 78 appeal against NYC Dept. of Environmental Protection on beh
alf of Chelsea Piers resulting in cancelled fines.
a Successfully prosecuted breach of contract action by overcoming defendantas in
vocation of numerous Statutes of Frauds against an oral agreement.
a Managed successful arbitration for female executive subjected to sexual discri
mination.
GREATER BRIDEPORT INTERFAITH ACTION, Bridgeport, CT
1991 - 1998
Executive Director/General Counsel
Functioned as Administrator and General Counsel for coalition of 20 Catholic, Je
wish, and Protestant congregations seeking to improve public safety and establis
hing equitable economic development in Connecticutas largest and one of poorest
cities. Raised and managed budget of $200K, trained staff and supporters to effe
ctively mobilize on environmental, public safety, and economic development issue
s, and managed litigation against corrupt City Administration and legislation on
state-wide issues. Lead attorney in multi-plaintiff suit brought under CERCLA t
o remove toxic dump from predominantly Black neighborhood.
a Significantly improved neighborhoods and economic development through politica
l and legal actions.
NEIGHBORHOOD INITIATIVES DEVELOPMENT CORP., Bronx, NY
1988 - 1991
Attorney/Housing Specialist
Represented tenants in Housing Court, Supreme Court, and Family Court matters an
d organized and formed neighborhood coalition of tenant associations.
a Brown v. Mascar - Through Supreme Court action, successfully obtained injuncti
on to prevent eviction of African-American couple by unscrupulous mortgage compa
ny and prevailed at trial.
a Prevented numerous evictions and brought suits leading to improved neighborhoo
d housing conditions.

EDUCATION
Juris Doctor, COLUMBIA UNIVERSITY SCHOOL OF LAW, New York, NY
BA in Political Economy, Magna cum laude, AMHERST COLLEGE, Amherst, MA
Honors: Phi Beta Kappa
BAR ADMISSIONS
New York State
Eastern District of New York
Southern District of New York
ADDITIONAL CREDENTIALS
New York County Lawyersa Association
National Employment Law Association
Fluent in French, Working Knowledge in Spanish