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Joshua D. Liston, a partner at Beys Liston & Mobargha LLP, is a trial and appellate lawyer. Mr. Liston’s primary areas of practice are complex commercial litigation, white collar criminal defense, government enforcement proceedings, and internal investigations. His cases have included contract disputes, securities litigation, antitrust violations, international and domestic arbitration, intellectual property, employment matters, and professional malpractice. He also has conducted internal investigations and represented public and private companies, investment banks, pharmaceutical companies, technology companies, accounting firms, law firms, real estate developers, entertainers, and corporate officers and directors in complex civil litigation, arbitration, and regulatory proceedings before the SEC, FINRA, and other agencies.
Mr. Liston received a B.A. from Harvard College, where he served as president of the student government, and received his J.D., magna cum laude, from Georgetown University Law Center, where he served as Editor-in-Chief of the law review. After serving as law clerk to the Hon. Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit, Mr. Liston practiced in the litigation department of Davis Polk & Wardwell LLP.
Mr. Liston is admitted in New York and to practice before the U.S. Supreme Court, the U.S. Courts of Appeals for the Second and Fourth Circuits, and the U.S. District Courts for the Southern and Eastern Districts of New York. He is a member of the New York City Bar Association (Committee on Litigation, 2003–04; 2012–15), and the Federal Bar Council.
In his pro bono practice, Mr. Liston has been appointed by the U.S. Court of Appeals for the Second Circuit to argue important cases, and he has successfully represented asylum seekers in contested hearings and criminal defendants in post-conviction proceedings. He is on the Board of Directors of Services for the UnderServed, a not-for-profit company serving New York City’s Iraq and Afghanistan war veterans, and persons with mental and developmental disabilities and AIDS.
Significant Civil Litigation Representations Include:
- Representing a leading Brazilian investment bank in several matters, including a $50 million dispute over a standby letter of credit, litigation arising from a defaulted commercial loan, and litigation arising from General Motors’ bankruptcy
- Representing a leading Chilean investment bank in connection with clawback litigation brought by the liquidators of Fairfield Sentry Ltd., a major Madoff feeder fund
- Representing an investment banks and several employees in various matters related to the bankruptcy of Lehman Brothers
- Representing former CEO of a public company in a successful effort to obtain a preliminary injunction requiring a D&O insurer to advance legal fees incurred in connection with civil and criminal cases
- CNN and one of its reporters in litigation arising from reporter’s alleged conduct in Baghdad
- Representing a London-based private equity firm and one of its portfolio companies in breach of contract litigation involving the sale of shares
- Representing a leading provider of small business loans, merchant cash advances, and other financings in breach of contract litigation with a major broker of such financings
- Represented directors and officers of leading monoline insurer in an ERISA stock drop litigation in connection with insurance coverage issues
- Representing a European asset manager in connection with various matters arising from its investment in a fraudulent investment scheme
- Representing an international consultant in a dispute under the ICC Rules of Arbitration with a Saudi Arabian company over a consulting fee
- Representing investors in litigation arising out of loans to an international investment fund
- Representing a major international shipping company concerning insurance coverage arising out of its guilty plea to federal criminal charges
- Representing a real estate developer in litigation with business partner over breach of contract and breach of fiduciary duty claims
- Various non-public matters including counseling companies and individuals on a broad range of disputes
Significant White Collar Representations Include:
- Representing former CEO of public company against criminal and civil charges of securities fraud
- Representing a Big Four accounting firm and individual employees in connection with various matters arising from the disclosures of improprieties at an audit client, including investigations by the Securities and Exchange Commission and the United States Attorney’s Office for the Southern District of New York and securities class action litigation
- Represented leading investment bank in an internal investigation and in its response to various regulatory inquiries regarding insider trading
- Representing a major shipyard company in connection with governmental investigations
- Representing former federal cooperating witness in litigation arising out of the theft of his sealed documents, involving First Amendment and civil and criminal contempt of court; litigation in EDNY, SDNY, Second Circuit and U.S. Supreme Court
- Various non-public matters including representation of companies and individuals in governmental and internal investigations
Significant Pro Bono Representations Include:
- Appointed by the Court of Appeals for the Second Circuit to serve as amicus curiae counsel to defend a district court decision rejecting a criminal defendant’s sentencing position that the ameliorative provisions of the Fair Sentencing Act of 2010 should be applied to his case
- Appointed by the Court of Appeals for the Second Circuit to serve as counsel to debtor in significant case regarding the application and constitutionality of New York’s homestead exemption