Antitrust Update Blog is a source of insights, information and analysis on criminal and civil antitrust and competition-related issues. Patterson Belknap’s antitrust lawyers represent clients in antitrust litigation and counseling matters, including those related to pricing, marketing, distribution, franchising, and joint ventures and other strategic alliances. We have significant experience with government civil and criminal/cartel investigations, providing the unique perspectives of former...
Practice Expertise
- Litigation
- Alternative Dispute Resolution
- Complex Commercial Actions
- False Advertising
Areas of Practice
- Alternative Dispute Resolution
- Complex Commercial Actions
- False Advertising
- Litigation
- White Collar Defense and Investigations View More
Profile
Joshua Kipnees is a Partner in the firm's Litigation department. His practice focuses on false advertising litigation and government and internal investigations. Mr. Kipnees has represented clients in the food and beverage, insurance, pharmaceutical, cosmetics, and financial industries in both state and federal courts. Mr. Kipnees has also led dozens of internal investigations for pharmaceutical and medical device companies involving regulatory and compliance reviews. He also co-edits the firm’s food, drug, and cosmetic false advertising blog, Misbranded.
He is recognized by Chambers USA in the area of Advertising: Litigation. Clients quoted in Chambers describe him as “excellent – very intelligent” and say “his legal work is impeccable,” noting that “he has good judgment and is a very high level strategic and tactical thinker who provides practical advice.” Mr. Kipnees has also been recognized in The Legal 500’s rankings in the area of Advertising and Marketing: Litigation. Client testimonials for The Legal 500 describe him as “the partner you want on retainer and the first call you make when hit with a challenging legal issue.” Mr. Kipnees has also repeatedly been named to Benchmark Litigation, which “identifies the leading U.S. trial attorneys and firms at local and national levels.” He is also recognized as a “Client Service All-Star” by The BTI Consulting Group, where clients say "Mr. Kipnees understands the nuances of our business" and "he has great attention to detail and client focus."
Mr. Kipnees also maintains an active pro bono practice, representing clients in need in a wide variety of matters. His pro bono work includes representing students with disabilities who were deprived of educational services during the COVID-19 pandemic and assisting a VAWA petitioner in obtaining a green card, among many other representations.
From 2009 to 2010, Mr. Kipnees served as Law Clerk to Chief Justice Rabner, New Jersey Supreme Court, and from 2010 to 2011, he served as Law Clerk to the Hon. Leonard I. Garth, U.S. Court of Appeals for the Third Circuit.
Representative Matters
False Advertising
Defending leading cosmetics and dietary supplements companies against putative class action claims of false advertising, including successfully securing multiple recent dismissals and class decertification.
Advising major personal care products companies regarding labeling and advertising strategies and competitor challenges.
Successfully represented major beverage company in defense against Lanham Act false advertising claims, obtaining jury verdict that naming and labeling of company’s product did not mislead consumers.
Defended manufacturer of consumer products in Lanham Act competitor dispute regarding labeling of wound-care products.
Investigations
Representing global healthcare company in internal and government investigations relating to potential FCA, FCPA, anti-kickback, and compliance issues.
Representing leading pharmaceutical company in investigating potential fraud and abuse of its charitable patient assistance programs.
Representing major publisher in state investigation regarding sales and pricing practices.
Leading investigation for non-profit organization regarding alleged financial malfeasance and OFAC issues.
Commercial Litigation
Secured substantial recovery, including $131 million default judgment, on behalf of a leading global pharmaceutical company against networks of healthcare providers that defrauded company’s free-drug program.
Representing financial-guaranty insurer in variety of lawsuits involving governance and administration of student loan-backed securities.
Successfully secured judgment following bench trial for multinational pharmaceutical company in tariff dispute with U.S. Customs confirming company’s blockbuster drug can be imported duty-free.
Representing and advising clients regarding litigation and potential claims involving successor and vicarious liability.
In the Media
Daily Business Review, "Florida Judge Awards Gilead Sciences $131M Judgment" (March 2023)
The Guardian, "Tostitos Hint of Lime has Zero Lime – but It’s Still the Perfect Chip" (April 20, 2022)
Popular Science, "Evidence Shows Juul Illegally Marketed Vaping as Safer than Smoking" (September 10, 2019)
Law 360, "What The Experts Said About High Court Rulings This Term" (June 30, 2017)
Bar Admissions
- U.S. Court of Appeals, Second Circuit; Third Circuit; Federal Circuit
- U.S. District Court, Southern District of New York; Eastern District of New York; District of New Jersey
- U.S. Court of International Trade
- New York
- New Jersey
Education
- Harvard Law School (J.D., 2009)
- Executive Editor, Blackletter Law Journal
- Harvard University (B.A., magna cum laude, 2006)
Areas of Practice
- Alternative Dispute Resolution
- Complex Commercial Actions
- False Advertising
- Litigation
- White Collar Defense and Investigations
Professional Career
Articles
- “Where Meat-Free Labeling Stands As 5th Circ. Mulls State Law”, Law360 (April 12, 2023)
- Co-Author, "Pending FDA Cosmetics Review Allows Class Action Defense", Law360 (February 3, 2023)
- Three-Part Article Series for the National Law Journal on Adapting to Remote Proceedings in the Post-Pandemic Era
- Part I: Pre-Trial Proceedings (July 14, 2021)
- Part II: Depositions (July 15, 2021)
- Part III: Trials (July 16, 2021)
- “After Joint Juice, Questions On NY Statutory Awards Remain”, Law360 (November 23, 2022)
- NY’s New Marijuana Law: Implications for False Advertising and Products Liability Lawsuits, New York Law Journal (May 26, 2021)
- INSIGHT: Implications of Covid-19 for Catastrophe Bond Litigation, Bloomberg Law (July 17, 2020)
- High Court Puts An End To Unfair Asset Forfeiture, Law360 (June 8, 2017)
Blogs
Data Security Law Blog
DataSecurityLaw.com is the firm’s resource for the latest news, analysis, and thought leadership in the critical area of privacy and cybersecurity law. Patterson Belknap’s Privacy and Data Security practice provides public and private enterprises, their leadership teams and boards with comprehensive services in this critical area. Our team of experienced litigators, corporate advisors and former federal and state prosecutors advises on a broad range of privacy and data protection matters...
Misbranded
Misbranded is Patterson Belknap’s blog covering false advertising litigation—both consumer class actions and competitor suits—with a particular focus on FDA-regulated products (foods/beverages, pharmaceuticals, cosmetics, and dietary supplements).
New York Commercial Division Decisions
The blog is a source for insights and developments related to practice in the Commercial Division of the New York State Supreme Court. This blog reviews key developments in the Commercial Division, including important decisions handed down by the Commercial Division and appellate court decisions reviewing Commercial Division decisions. The blog also covers changes and proposed changes to Commercial Division rules and practice, including revisions to the rules since January 2015. The...
Second Circuit Criminal Law Blog
The Second Circuit Criminal Law Blog is your place to follow the criminal law decisions rendered by the U.S. Court of Appeals for the Second Circuit. With a rich 225-year history of legendary judges like Learned Hand and Henry Friendly, the Second Circuit has long been known for writing important and thoughtful opinions on many subjects, including the criminal law. We review every published criminal law opinion handed down by the Second Circuit in order to provide you with a summary of the hol
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