Joshua Levy

Before joining the firm, Josh worked at Sullivan & Cromwell LLP, where he also focused on litigating complex financial and commercial litigation. Josh previously served as a 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

• KBC Asset Management N.V. v. Discover Financial Services, et al. (N.D. Ill.); In re Discover Financial Services Derivative Litigation (D. Del.): Obtained dismissal of all claims against independent directors in securities class action and shareholder derivative actions stemming from allegations of credit card misclassification and regulatory violations.
• City of Southfield Fire & Police Retirement System v. Hayward Holdings, Inc., et al. (D.N.J.); Heicklen v. Holleran, et al. (D.N.J.): Obtained dismissal of all claims against private equity sponsor in securities class action, including both direct liability and control person liability claims, arising out of investment in swimming pool manufacturer. Ultimately obtained highly favorable settlement.
• 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.
• In re InMode Ltd. (C.D. Cal.): Representing medical technology company in securities class action stemming from allegations regarding pricing and regulatory compliance.
• 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

• Oto Analytics, Inc. d/b/a Womply v. Benworth Capital Partners, LLC (N.D. Cal.) (D.P.R.): Won a more than half-a-billion-dollar contract dispute in arbitration after a two-week trial for a financial technology company that provided services to lenders during the Paycheck Protection Program. Represented company in arbitration, including as a lead trial counsel, confirmation litigation, and related fraudulent transfer litigation.
• von Kahle v. Cargill, Inc. (S.D.N.Y.): Obtained highly favorable settlement mid-trial as a lead trial counsel for a limited designation swap dealer in fraudulent transfer litigation by the assignee of creditors arising from coffee swap transactions.
• Oto Analytics, Inc. d/b/a Womply v. Capital Plus Financial, LLC, et al. (N.D. Tex.): Obtained highly favorable settlement for 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.

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 Holdings 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.}