Nicholas Joseph is a trial lawyer with extensive experience in complex commercial litigation. Mr. Joseph has tried cases in state and federal court, argued at the trial and appellate level (including the Delaware Supreme Court), and led litigation teams in highly publicized cases. He has litigated disputes involving federal securities law, breach of contract, fraudulent inducement, class actions, derivative claims, and breach of fiduciary duty, and has particular expertise in cases concerning complex financial products, including RMBS, CDOs, and CDS.

In MASTR Adjustable Rate Mortgages Trust 2006-OA2 et al v. UBS Real Estate Securities Inc., before Judge Castel in the Southern District of New York, Mr. Joseph was one of the original members of plaintiff U.S. Bank’s team. In the first trial of an RMBS repurchase case brought by a trustee, Mr. Joseph formulated and presented the expert case concerning statistical sampling and automated valuation models (AVMs), including direct and cross-examination of witnesses and argument.

In Quadrant Structured Products Co. Ltd. v. Vertin, before Vice Chancellor Laster in the Delaware Court of Chancery, Mr. Joseph argued dispositive motions and was a member of the trial team for defendants in a direct and derivative action by a noteholder, including breach of fiduciary duty claims. At trial, Mr. Joseph formulated and presented the defense of the independent director defendants and the expert case concerning life insurance securities and tax, including direct and cross-examination of witnesses and argument. The trial, called by AmLaw Litigation Daily a “literal bet-the-company case,” was a complete victory for Mr. Joseph’s clients. The plaintiff lost on every claim and was awarded nothing.