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Joshua S. Pemstein
Associate
Boston
Joshua Pemstein's litigation practice emphasizes bankruptcies, reorganizations and workouts. He represents debtors and creditors' committees involved in restructurings, liquidations and adversary proceedings, both within and outside the context of formal bankruptcy proceedings. His work in bankruptcy controversies includes numerous preference actions, as well as litigation of fraudulent conveyance and equitable subordination claims.
Joshua also handles general business litigation such as alleged breach of restrictive employment covenants by companies and individuals, as well as shareholder liability claims and other securities disputes.
In addition to his commercial litigation experience, Joshua handled more than 10 trials while serving as Special Assistant District Attorney for the Norfolk County District Attorney's Office in 2006. As a law clerk in the Appellate Division of Cook County Office of the Public Guardian, Law Clerk, he served as guardian ad litem in Juvenile Court proceedings.
Prior to law school, Joshua worked for three years with the Massachusetts Government Land Bank. While there he helped coordinate lobbying and strategy for passage of key legislation, including a $15 million Emerging Technology Fund and the Fort Devens Governance Bill.
Bars and Court Admissions
Massachusetts
U.S. District Court for the District of Massachusetts
Representative Experience
The following is a brief summary of Joshua's experience and accomplishments:
Initiated, litigated and settled approximately 100 preference actions on behalf of the Malden Mills Creditor Trust
Represents Sallie Mae, Inc. in defense of bankruptcy court litigation brought by student loan borrowers
Represented the Malden Mills Claims Committee in prosecuting an objection to a multi-million dollar unsecured claim
Represented Engage Creditor Trust in a multi-million dollar breach of contract, preference, fraudulent conveyance, and equitable subordination action
Represented the Official Committee of Unsecured Creditors in In re Malden Mills, Inc. and In re Engage, Inc.
Represented a leading international publishing company in defense of a multi-million dollar preference action
Defended a private equity fund against $650,000 shareholder liability claim
professional / civic involvement
Boston Bar Association, Bankruptcy Law Section, Member
American Bankruptcy Institute, Member
publications
Andrew Schwartz and Joshua Pemstein, The Effect of BAPCPA's Amendments to §§ 548 and 503(c) on Pre- and Post-Petition Transfers to Insiders (ABI Northeast Bankruptcy Conference, July 2007)
Kenneth Leonetti and Joshua Pemstein, Business Case Update: Decisions Under BAPCPA Affecting Businesses and Chapter 11 Cases (ABI Northeast Bankruptcy Conference, July 2006).
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