Josh’s practice focuses on high-stakes, complex commercial and real-estate litigation. Josh has successfully represented public and private companies and prominent individuals in both federal and state court. Through his focus on aggressive litigation and his ability to develop creative and novel solutions to complex disputes, Josh brings a unique, out-of-the-box perspective to his clients’ most-pressing legal needs.

Josh is a regular contributor to several legal publications, including the New York Law Journal, and also lectures on cutting-edge legal issues in the commercial real-estate sector.

Before joining Schlam Stone & Dolan LLC, Josh was an associate at Weil, Gotshal & Manges LLP in its Securities Litigation and Corporate Governance group. Josh also previously worked as an intern for the Honorable Kiyo A. Matsumoto of the Eastern District of New York.

Additional Publications

Published an article in Law360 explaining why the Second Circuit got it wrong in its recent decision holding that COVID is a force majeure event.  2nd Cir. Reasoning in COVID Force Majeure Case Is Flawed

Published an article in the New York Law Journal arguing that the frustration-of-purpose doctrine cannot relieve commercial tenants of their obligation to pay rent during the COVID-19 pandemic. Can Commercial Tenants Really Avoid Rent During the Pandemic Using the Frustration-of-Purpose Doctrine?

Published an article in the New York Law Journal advising commercial landlords how to deal with their nonpaying tenants during the COVID-19 pandemic. COVID-19 and the Commercial Landlord.

Featured in an article in Law360 concerning his October 2020 success in defeating an energy executive’s motion to dismiss a $2.5 million claim for breach of contract. Energy Exec Can’t Nix Suit Over $2.5M Tax Credit Settlement.

Published an article in the New York State Bar Association’s NYLitigator concerning commercial leasing issues arising out of the COVID-19 pandemic. Coronavirus and the Commercial Tenant.

Published an article in the New York Law Journal about how attorneys can continue to pursue their clients’ cases aggressively during the COVID-19 pandemic. Litigating Through the Coronavirus Crisis: How To Keep Your Cases Moving While the World Battles a Pandemic.

Featured in an article in the New York Law Journal concerning his December 2019 federal trial win against once-prominent real-estate developers. Brooklyn U.S. Judge Awards $4.5 Million, Finding Staten Island Man Defrauded Uncle and Breached Contract

  • Won $5.8 million judgment, affirmed on appeal by the Second Circuit, on fraud, breach of fiduciary duty, and contract claims against once-prominent real-estate developers after federal bench trial in which Josh was lead counsel;
  • Won $2.6 million federal judgment in action to enforce settlement term sheet;
  • Represent Bitcoin-mining company in employment dispute with former employee;
  • Won summary judgment, affirmed on appeal by the First Department, for a prominent real estate developer and holding company in an action seeking equitable accounting and access to books and records;
  • Defeated summary judgment, affirmed on appeal by the First Department, in a contract suit brought by a former officer of a publicly-traded company;
  • Successfully defended current and former board members of a public real-estate investment company in shareholder-derivative actions in federal and state court;
  • Successfully challenged a publicly-traded company’s refusal to lift restrictions on restricted stock under SEC Rule 144;
  • Represented a prominent real-estate development firm in suit against commercial lender;
  • Represented a former shareholder in fraud and contract claims against a publicly-traded live-streaming company;
  • Represented an attorney in fraud, breach of fiduciary duty, and contract claims against former law partner;
  • Defended a multinational, public insurance company in securities fraud opt-out actions arising out of the 2008 financial crisis;
  • Won dismissal of a securities fraud action against a former executive of a public car rental company;
  • Defended a public pharmaceutical company in a breach of contract action brought by holders of the company’s contingent value rights;
  • Defended a prominent real-estate developer in an action seeking dissolution of a family holding company and alleging breach of fiduciary duty;
  • Obtained a favorable federal jury verdict, plus attorneys’ fees and costs, for a former inmate in a Section 1983 action against a state correctional officer and prison counselor;
  • Won summary judgment, plus attorneys’ fees and costs, for a disabled student in a federal action against the New York City Department of Education seeking payment for private school tuition and meal reimbursement; and
  • Defended a prominent New York academic institution against claims of unlawful discrimination.

Recent Commercial Eviction Cases: Force Majeure, Co-Tenancy, Quiet Enjoyment, Frustration of Purpose, July 15, 2021.

COVID-19 and the Commercial Landlord: Reacting to the Nonpaying Tenant in the COVID Era, February 11, 2021.

Litigating Through the Coronavirus Crisis: How To Keep Your Cases Moving While the World Battles a Pandemic, April 4, 2020.

  • Selected to the New York Metro Super Lawyers® "Rising Stars" list, Business Litigation, 2020 - 2022
Joshua D. Wurtzel
Rated by Super Lawyers

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  • New York State Bar Association, Commercial & Federal Litigation Section
  • New York City Bar Association
  • Binghamton University’s Harpur Law Council

“Civil litigation is like swimming with sharks. If a shark surrounds you, stand your ground. Show no fear. Don’t swim away. Punch that shark right in the nose. That’s how I represent my clients.”