J.D., Yale Law School, 2011
Book Reviews and Features Editor, Yale Law Journal
B.A., magna cum laude, Harvard University, 2007
Phi Beta Kappa
District of Columbia
Joshua S. Bolian, Associate
Joshua S. Bolian is a trial and appellate litigator. He represents clients including hedge funds, retail banks, law firms, and technology companies at every stage of litigation, from settlement negotiations to briefing in appellate courts and the Supreme Court. Before joining Robbins Russell, he served as a law clerk to the Honorable Thomas L. Ambro of the United States Court of Appeals for the Third Circuit.
Representative matters include:
Wrote multiple winning briefs for bondholders in their suits against the Republic of Argentina, which the Financial Times called the “‘trial of the century’ in sovereign debt.” The briefs sustained an injunction governing billions of dollars in bond payments against challenges, based principally on the Foreign Sovereign Immunities Act (FSIA), in the Second Circuit and the Supreme Court, culminating in a $4.6 billion settlement.
Argued and prevailed on request for a restitution order in favor of Northrop Grumman due to a fraud perpetrated against it.
Wrote brief for prevailing party in the first court-of-appeals case to involve a question that had divided lower courts: whether a debtor may reject an expired collective bargaining agreement. The win enabled Trump Entertainment Resorts to exit bankruptcy and to consummate its acquisition by Icahn Enterprises.
Briefed appeal defending TD Bank against suit by the founder and former CEO of its predecessor, who sought millions of dollars in “golden parachute” payments. The favorable verdict reached by a jury after a nine-day trial was affirmed in all respects.
Represented the state of Vermont in a challenge to its energy tax. Briefed the successful motion to dismiss in the district court, then briefed and won the ensuing appeal in the Second Circuit.
Wrote brief that led the Seventh Circuit to deny review of class certification in a Telephone Consumer Protection Act (TCPA) case, avoiding exposure to litigation against a potentially large class.
Currently representing affiliates of Aurelius Capital Management in their Delaware Chancery suits against Sprint and SoftBank challenging Sprint’s acquisition of Clearwire Corporation. The Vice Chancellor has denied the defendants’ motions to dismiss.
Served as conflicts counsel, from initiation of suits through trial, in bankruptcy-related matters.
Advised numerous clients on whether to bring cases or to invest in the outcomes of cases.