Joshua Glatter is a partner in Adam Leitman Bailey, P.C.’s Real Estate Litigation and Appellate Litigation Groups. His practice centers on complex litigation matters before state and federal courts and agencies, arbitral panels, and mediators. His practice encompasses a wide variety of real estate-related disputes, including, but not limited to, cooperative and condominium issues, boundary and easement litigation, business torts, restrictive covenants, civil rights, and housing discrimination matters, title litigation, foreclosure disputes, corporate governance litigation, professional malpractice, bankruptcy, and investor-developer disputes.
Over nearly three decades of practice, Mr. Glatter has handled a wide variety of complex litigation matters in courts across the nation, where his clients have ranged from Fortune 100 companies to small investors and consumers. He has played a significant role in cases that have included securities fraud lawsuits, civil counter-terrorism litigation, internal investigations, employment disputes, “business divorces”, corporate governance battles, fiduciary disputes, white-collar criminal defense, class/mass tort actions, and bankruptcy court adversary proceedings/contested matters.
Mr. Glatter’s strategic approach reflects five key principles: (1) every matter requires a customized solution; (2) as in chess, a client’s opening move often determines the final outcome; (3) under-the-radar problems can swiftly metastasize into reputation-risking crises; (4) what is written controls the outcome more often than what is expressed verbally; and (5) technology should be leveraged but is not a substitute for old-fashioned human analysis. These principles have informed Mr. Glatter’s approach in a variety of high-stakes settings, including the following representations preceding his joining Adam Leitman Bailey, P.C.:
- Represented a major real estate developer in a contentious dispute with a minority LLC member in the New York State Supreme Court arising from a multi-million dollar warehouse conversion in a historic Harlem neighborhood, resulting in a favorable settlement.
- Represented REIT private equity fund principal in a dispute with large institutional investors, concluding with favorable pre-trial settlement.
- Represented the landlord of a residential rental building in Greenwich Village in lawsuit brought by non-tenant resident concerning a dog attack and succeeded in having all claims dismissed at summary judgment.
- Represented clients in both prosecution and defense of high-value legal malpractice disputes.
- Represented a publicly-traded national energy producer in connection with disputes arising from solar renewable energy credit (SREC) transactions.
- Represented Fortune 200 company against an electrical subcontractor in multi-state litigation concerning five major construction projects.
- Served on trial team in Nevada Federal Court trial involving oil-and-gas investment partnerships resulting in the defeat of all the defendants’ counterclaims, including accusations of fraudulent inducement and illegal conversion.
- Defended former CFO of a dual-listed Israel/U.S. spy-tech company in connection with an SEC investigation and private class action; no charges were brought against Mr. Glatter’s client, including any Wells Notice, and the client did not have to contribute to the class actions settlement fund.
- Defended CEO of a publicly traded NASDAQ company defending against a federal criminal indictment, private class action, and SEC enforcement action. The team succeeded in convincing the Court to issue a drastically lower prison sentence for the client and negotiated a favorable settlement of the related civil matters.
- Represented “odd-lot” stockholders in federal and Delaware Court of Chancery litigation resulting in decisions of first impression concerning federal securities law statutory safe harbor and modifications to “bright-line” tests concerning secret merger negotiations.
- Counseled the Special Litigation Committee of privately-held managed healthcare family of companies, conducted an internal investigation and issued a report relied upon by the NY Commercial Division court in dismissing former principal’s putative derivative claims.
- Obtained, on behalf of an academic tenure candidate, a rare injunction against an Ivy League university seeking to terminate client’s employment and shutter his research laboratory.
From 2006-2015, while a partner of Osen LLC, a boutique litigation firm, Mr. Glatter had the privilege of representing victims of international terrorist attacks, including hundreds of U.S. military personnel and their families, against foreign financial institutions and domestic product companies, resulting in numerous decisions of first impression under the federal Anti-Terrorism Act. Mr. Glatter served as a member of the plaintiffs’ trial team in Linde, et al v. Arab Bank, PLC, in connection with injuries to U.S. nationals and their families from attacks attributable to the designated Foreign Terrorist Organization Hamas. On the eve of the first “bellwether” damages trial, the case was settled. Mr. Glatter and other members of the plaintiffs’ trial team were awarded Public Justice’s 2016 “Trial Lawyers of the Year” award.
In addition to that honor, Mr. Glatter and his former colleagues from Fleischman Bonner & Rocco LLP – a complex litigation boutique trial firm – were awarded a 2020 Top 50 Settlement listing for Labor and Employment Disputes in Olvera v Mazzone Mgmt. Grp, Ltd. (N.D.N.Y), and a 2016 Top 20 Verdict in Nevada in Millennium Drilling Co, Inc. v House-Meyers et al. (D. Nev.). Prior to joining Adam Leitman Bailey, P.C., Mr. Glatter was a partner with the New York City office of a prominent Delaware-based firm, focusing on corporate governance disputes and complex commercial litigation.
Mr. Glatter received his J.D. from the University of Pennsylvania Law School in 1994 and received his B.A. in history with Academic Distinction from Binghamton University in 1991. After graduating from law school, Mr. Glatter served as a law clerk for the late Tina L. Brozman, former Chief Judge of the United States Bankruptcy Court for the Southern District of New York. He has co-authored two articles on ERISA fiduciary liability, one of which was cited in amicus curae submissions to the U.S. Supreme Court. Mr. Glatter has also written several essays that were published online by a former Presidential speechwriter addressing matters of national security policy, counter-terrorism strategy, and consumer protection law.