JOSHUA F.

NESSEN 27 West 86th Street 544-3816 New York, NY 10024 ATTORNEY a LITIGATION ASSOCIATE

T: (646) jn12cd810@westpost.net

Highly accomplished and results-oriented Attorney with experience in commercial law, insurance law, employment law, ERISA, and shareholders actions. Proven abil ity to resolve complicated legal issues, handle litigation, arbitration, and adm inistrative proceedings, and manage summary judgment, trial, and appellate work. Expertise conducting legal research and pre-trial discovery, taking and defendi ng depositions, and preparing briefs and motions. Determined and persuasive comm unicator with ability to dispute opposing counsel and persuade judges and juries . Top-performer, exceptional research and writing skills, and valuable contribut or to community action organizations and legal teams. Litigation a Arbitration a Appeals a Commercial Lawa Insurance Law a Employment Law a Depositions a Motions a Briefs /CrossExaminations a Administrative Law a S ettlement Negotiations a Case Evaluation a Shareholders Actions 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, FLSA, and EPA for Continuing Legal Education 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 Rumain v. Baruch College a" Defeated motion for summary judgment and achieved favorable settlement of $145K in employment retaliation case. 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, discovery, drafting of motion papers, and preparat ion for trials, appeals, and arbitrations of insurance, reinsurance, and ERISA m atters. Represented Commissioner of Insurance in rehabilitation proceedings invo lving bankrupt insurers. 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 d uty. 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. 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 at Chelsea Piers against prominent architects and co ntractors. a Prevailed at trial in breach of contract case of husband failing to convert to Judaism. a Brought Article 78 action 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. Managed litigation against corrupt City Administration and legislation on sta te-wide issues, including passage of ban on assault weapons sales. Lead attorney in multi-plaintiff suit brought under CERCLA to remove toxic dump from predomin antly Black neighborhood. Secretary of 50-organization collaborative managing t he Cityas ten year strategic plan for which formulated the budget and benchmarks . 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 which succe ssfully lobbied for modification of housing laws. 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 Brown v. Child Welfare Administration a"Secured return of child improperly rem

oved from client. 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