Joshua S. Stern
Joshua Stern is Of Counsel in the Litigation department in Donovan Hatem’s New York office. Josh is an experienced litigator who has obtained numerous successful results at the trial and appellate levels, as well as in alternative dispute resolution procedures throughout the country. He has extensive experience representing architects and engineers, and has defended personal injury, labor law, property damage and complex commercial disputes in state and federal courts. In one case, Josh obtained a multi-m illion dollar arbitration award against a Fortune 500 company for breach of contract, including an award for costs and attorneys’ fees after proving a willful breach. Prior to joining Donovan Hatem, Josh was Of Counsel at Wilson Elser where he represented a multi-billion dollar transportation company.
Admitted to Practice
- New York
- New Jersey
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- University of Illinois (J.D., magna cum laude, 2004)
- Lehigh University (B.A., with honors, 2001)
Business and Professional Associations
- American Bar Association
- New York State Bar Association
- American Council of Engineering Companies of New York
- Obtained dismissal in favor of a geotechnical engineer in personal injury action on the basis that the engineer did not supervise or control the plaintiff’s work.
- Successfully moved to dismiss a condominium association’s indemnification claim against a mechanical, electrical and plumbing (MEP) engineer due to lack of privity or its functional equivalent with the engineer.
- Obtained summary judgment on behalf of civil engineering firm in a contract dispute about changed conditions.
- Represented dismantling engineer in $40+ million negligence dispute.
- Obtained a $2.00 million arbitration award in a commercial dispute involving a Fortune 500 company, which included arbitration costs based on a finding of willfulness.
- Obtained $10+ million settlement on behalf of a distributor client who successfully incorporated termination protections within its Terms & Conditions.
- Successfully defeated on summary judgment a federal lawsuit seeking more than $2 million in damages and impleaded the contract amount; case involved a writ of attachment filed by a bank against an Indonesian paper company and its subsidiaries.
- Counseled Illinois beer importer on best method to lawfully terminate existing distribution network; defeated preliminary injunction brought by 15 beer distributors, and had appellate court adopt beneficial statutory construction of franchise law statute.