McDermott Will & Schulte, a global law firm

Joel also has extensive experience litigating complex commercial cases, including commercial real estate disputes and bankruptcies. For example, he has represented commercial real estate clients, including secured lenders, property owners, developers, and loan participants, in litigation on a wide range of issues, including contractual matters such as buy-sell agreements and security enforcement, and recovering secured or unsecured assets. Joel also has extensive bankruptcy litigation experience representing troubled companies, committees, independent directors, distressed debt investors, secured lenders, and indenture trustees.

In addition, Joel has extensive experience litigating religious rights cases, particularly under the Religious Land Use and Institutionalized Persons Act (RLUIPA). For example, he served as lead trial counsel for the Westchester Day School in its landmark litigation against the Village of Mamaroneck and its Zoning Board of Appeals under RLUIPA, and he successfully defended the United States Tennis Association (USTA) in a religious discrimination lawsuit.

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• Won dismissal of all claims against an American e-commerce company and its officers and directors in a shareholder class action in federal court in New York. The Second Circuit affirmed the district court’s dismissal*
• Won dismissal of all claims against the former CEO and CFO of a Canadian multinational telecommunications company in a shareholder class action in federal court in New York*
• Won dismissal of all claims against an American semiconductor company and its officers and directors in a shareholder class action in federal court in New York*
• Won dismissal of all claims against the subsidiary of an American web services provider and its CEO in a shareholder case concerning the value of the subsidiary’s stock prior to its acquisition by the web services provider*
• Represented a global real estate securities manager in successfully settling billions of dollars of residential mortgage-backed securities claims in more than two dozen securities cases as part of its bankruptcy proceedings*

Shareholder Derivative Litigation

• Represented the manufacturer of laser and photodetectors in a Delaware Chancery Court case against its former CEO and sole director for breaches of fiduciary duty. The manufacturer is owned by an investment vehicle of a Saudi Arabian sovereign wealth fund*
• Represented the independent directors of a real estate investment trust in the Southern District of New York in shareholder derivative litigation and a related corporate internal investigation*

M&A and Proxy Litigation

• Defeated an insurgent stockholder group’s motion in Delaware Chancery Court for a temporary restraining order seeking to delay a special stockholder meeting
• Represented a real estate investment trust and its board in connection with its $4.6 billion acquisition*
• Represented a real estate investment trust that invests in a mix of healthcare properties and its board in connection with its $600 million acquisition*
• Represented a global independent investment banking advisory firm as financial advisor to a service provider to the insurance, legal and healthcare sectors in connection with its $2.2 billion acquisition by an affiliate of a private equity firm*
• Represented a boutique investment bank as financial advisor to an American agrochemical and agricultural biotechnology corporation in connection with its $66 billion acquisition by a German multinational pharmaceutical and life sciences company*
• Represented a Japanese multinational pharmaceutical company in connection with its $4 billion acquisition of an American pharmaceutical company*

Commercial Cases

• Won summary judgment for BrightSpire Capital, Inc. in a breach of guaranties lawsuit in state court in New York
• Represented mortgage and mezzanine lenders in commercial real estate foreclosures, including enforcing guaranties and obtaining the appointment of receivers*
• Represented an international AmLaw 100 law firm in a legal malpractice case*
• Represented a project management and construction company in litigation arising out of the demolition of a building that was damaged in the 9/11 terrorist attacks*
• Represented a Bermuda insurance company in litigation with deferred variable annuity policyholders relating to premium account investment losses*
• Represented an Israeli pharmaceutical company in a dispute with a US-based joint venture partner*

RLUIPA / Religious Rights Cases

• Served as lead trial counsel and secured a landmark victory in the Southern District of New York on behalf of a Jewish private school, against a town in New York State and its Zoning Board of Appeals for violating RLUIPA in its denial of the school’s special permit to expand its facilities. Also successfully argued the appeal in the Second Circuit*
• Successfully represented an inmate in a Connecticut state prison in RLUIPA litigation in the District of Connecticut for failing to provide the prisoner with kosher food for Passover*
• Successfully represented an inmate in a Virginia state prison in RLUIPA litigation in the Western District of Virginia for failing provide the prisoner with kosher food*
• Filed an amicus brief in the US Supreme Court in Holt v. Hobbs in support of an Arkansas inmate who was denied the ability to grow a beard in accordance with his Muslim faith*
• Filed an amicus brief in US Court of Appeals for the Eleventh Circuit in Rich v. Secretary, Florida Department of Corrections in support of successful kosher diet litigation against the Florida prison system*

*Matter handled prior to joining the firm.

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