Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP

Joshua Bolian, Associate

Education:

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

Contact:

Tel: 202.775.4522
Fax: 202.775.4510

Bar Associations

District of Columbia

New York

Joshua S. Bolian, Associate

Appellate Briefs

Aurelius Capital Management v. The Republic of Argentina Reply Brief for Plaintiffs-Appellants
Balschmiter v. TD Auto Finance LLC Defendant-Respondent's Answer in Opposition to Rule 23(f) Petition
Coquina Investments v. TD Bank Amended Brief of Defendant-Appellant
Coquina Investments v. TD Bank Response and Reply Brief of Defendant-Appellant
Coquina Investments v. TD Bank Brief for Defendant-Appellant
Coquina Investments v. TD Bank Reply Brief for Defendant-Appellant
National Association of Manufacturers, et al. v. Securities and Exchange Commission Brief of the Retail Litigation Center, Inc. and the National Retail Federation as Amici Curiae
Republic of Argentina v. NML Capital, Ltd. Brief of Amicus Curiae Aurelius Entities in Support of Respondent
Republic of Argentina v. NML Capital, Ltd., et al. Brief for the Aurelius Respondents in Opposition
Republic of Argentina v. NML Capital, Ltd., et al. Brief for the Aurelius Respondents in Opposition
Sorenson Communications, Inc. v. Federal Communications Commission Brief of the National Association of the Deaf as Amicus Curiae
TD Bank v. Razorback Funding LLC Petition for Writ of Prohibition or Writ of Certiorari
TD Bank v. Razorback Funding LLC Reply Brief of Petitioner
Vernon Hill, II v. TD Bank NA, et al. Brief for Defendants-Appellees
W.L. Gore & Associates v. Bard Reply Brief for Petitioner
Walker, et al. v. R.J. Reynolds Tobacco Co. Amicus Brief of the Product Liability Advisory Council, Inc.

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.