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JOSHUA F. NESSEN 27 West 86th Street T: (646) 789-8249 New York, NY 10024 a03c@westpost.

net LITIGATION ASSOCIATE a ATTORNEY Highly accomplished and results-oriented Attorney with 20+ yearsa experience in commercial matters, employment law, insurance and reinsurance litigation, ERISA, environmental law, and shareholders actions. Proven ability to resolve complica ted legal issues, handle litigation, arbitration, and administrative proceedings , and manage summary judgment, trial, and appellate work. Expertise conducting l egal research and pre-trial discovery, taking and defending depositions, and pre paring briefs and motions. Determined and persuasive communicator with ability t o dispute opposing counsel and persuade judges and juries. Top-performer, except ional research and writing skills, and valuable contributor to community action organizations and legal teams. Litigation a Arbitration a Commercial Law a Employment Law aInsurance Law aTrial Law a Discovery Depositions a Motions a Briefs a Direct/Cross Examinations a Administrative Law a Client Counseling Settlement Negotiations a Case Evaluation a Workers Compensation Litigation a Le gal Research LEGAL EXPERIENCE MICHAEL FAILLACE & ASSOCIATES, LLP, New York, NY 2006 - Present Of Counsel Manage complex litigation and arbitration for employment law firm resolving empl oyment discrimination, defamation, and workeras compensation matters. Prepare an d respond to discovery requests, conduct and defend depositions, and prepare mot ions, especially on summary judgment. Develop case analyses of major anti-discri mination statutes including ADA, FMLA, ADEA, and EPA for Continuing Legal Educat ion publications. Evaluate and prepare cases for arbitration and trial. a Pozo v. J&J Hotel - Achieved favorable settlement after conducting numerous de positions, difficult defense of plaintiffas deposition, and successfully defeati ng defendantas motion for summary judgment. a Garcia v. United Federation of Teachers, et al. - Defeated motion to dismiss d efamation and discrimination case resulting in favorable client settlement. a Conducted two week Superior Court trial of election law case and argued appeal before the Connecticut Supreme Court leading to new standard on overturning pri mary elections. a Demonstrated ability to victoriously overcome powerful institutions on behalf of clients subjected to discrimination or defamation. a Recognized for ability to establish productive, trusting, and effective partne rships with difficult and highly stressed clients. COSTIGAN & COMPANY, P.C., New York, NY 2003 - 2005 Litigation Associate Performed extensive research, drafted motion papers, and prepared for trials, ap peals, and arbitrations for insurance, reinsurance, and ERISA matters. Took depo jn8e

sitions, argued motions, and evaluated and prepared cases for arbitration and tr ial. Counseled clients and negotiated settlement agreements. a Muhl v. Vesta Corporation - Won liability portion of trial and achieved settle ment of $16.5M. a Simmons v. Simmons - Prevailed in ERISA trial regarding breach of fiduciary du ty. a 55th Management Corp. v. Goldman - Achieved motion to dismiss for elderly tena nt being sued by landlord for $2M. a Effectively translated complicated research into legal briefs and motions. Joshua F. Nessen HOWE & ADDINGTON, LLP, New York, NY 1999 - 2002 Litigation Associate Litigated breach of contract actions, construction cases, employment disputes, s hareholder derivative actions and environmental matters for mid-size firm focuse d on various commercial cases. Managed high-volume case load, prepared for trial s, and counseled clients. a Collaborated with partner to win multi-million dollar settlement for breach of contract construction case for Chelsea Piers against prominent architects and c ontractors. a Prevailed at trial in breach of contract case of husband failing to convert to Judaism. a Brought Article 78 appeal against NYC Dept. of Environmental Protection on beh alf of Chelsea Piers resulting in cancelled fines. a Successfully prosecuted breach of contract action by overcoming defendantas in vocation of numerous Statutes of Frauds against an oral agreement. a Managed successful arbitration for female executive subjected to sexual discri mination. GREATER BRIDEPORT INTERFAITH ACTION, Bridgeport, CT 1991 - 1998 Executive Director/General Counsel Functioned as Administrator and General Counsel for coalition of 20 Catholic, Je wish, and Protestant congregations seeking to improve public safety and establis hing equitable economic development in Connecticutas largest and one of poorest cities. Raised and managed budget of $200K, trained staff and supporters to effe ctively mobilize on environmental, public safety, and economic development issue s, and managed litigation against corrupt City Administration and legislation on state-wide issues. Lead attorney in multi-plaintiff suit brought under CERCLA t o remove toxic dump from predominantly Black neighborhood. a Significantly improved neighborhoods and economic development through politica l and legal actions. NEIGHBORHOOD INITIATIVES DEVELOPMENT CORP., Bronx, NY 1988 - 1991 Attorney/Housing Specialist Represented tenants in Housing Court, Supreme Court, and Family Court matters an d organized and formed neighborhood coalition of tenant associations. a Brown v. Mascar - Through Supreme Court action, successfully obtained injuncti on to prevent eviction of African-American couple by unscrupulous mortgage compa Page 2

ny and prevailed at trial. a Prevented numerous evictions and brought suits leading to improved neighborhoo d housing conditions. EDUCATION Juris Doctor, COLUMBIA UNIVERSITY SCHOOL OF LAW, New York, NY BA in Political Economy, Magna cum laude, AMHERST COLLEGE, Amherst, MA Honors: Phi Beta Kappa BAR ADMISSIONS New York State Eastern District of New York Southern District of New York ADDITIONAL CREDENTIALS New York County Lawyersa Association National Employment Law Association Fluent in French, Working Knowledge in Spanish