Joseph has a broad base of bankruptcy, corporate restructuring and commercial litigation experience, having worked at national and international law firms for most of his career. During his 26+ years as a lawyer, he has been involved in some of the largest and most complex restructurings and litigation projects in the United States. He has taken lead roles in successfully representing debtors, borrowers, banks, financing companies, private equity funds, distressed companies, committees, trustees, individuals, landlords, asset purchasers, retailers, and commercial creditors in all types of proceedings, including bankruptcy proceedings, federal and state lawsuits, arbitrations, and appeals.
Joseph primarily focuses on either assisting companies restructure their debts inside and outside of a chapter 11 proceeding or assisting banks, lenders, private equity groups and other financial institutions secure repayment of their debts from distressed borrowers. Joseph also routinely represents asset purchasers who are buying distressed assets and landlords who seek to protect their positions against a distressed company. A large part of Joseph’s practice further entails assisting distressed companies or lenders find alternatives to bankruptcy or in-court solutions.
Joseph also enjoys going to trial, having successfully chaired numerous trials throughout his career. He recently successfully defended multiple parties in a ten-day trial in Colorado involving $20 million fraudulent transfer suit. He also recently defended a bank in a preference suit involving numerous transfers amongst integrated healthcare companies. He previously has caused the dismissal of a $30 million preference claim against an ethanol broker in a Delaware bankruptcy proceeding and the dismissal of $100 million class action against a destination company surrounding the 2000 Beijing Olympics.
In addition to his commercial litigation practice, Joseph is an Arbitrator for the American Arbitration Association. He has presided over numerous commercial arbitration disputes.
Joseph is also a common author and speaker on complex corporate bankruptcy and commercial litigation matters. He is often asked to speak at national and regional conferences and the press on his experience and insights.