Joshua C. Gillette | Counsel

Joshua C. Gillette has extensive experience in complex commercial litigation, white-collar criminal defense, and securities enforcement matters. He has served as trial counsel in federal and state civil and criminal cases in New York and New Jersey, and has argued numerous motions and appeals at the trial and appellate levels, including a number of matters of first impression.

Josh represents individuals and businesses in complex commercial disputes in court, mediation, and arbitration proceedings. He has experience handling a wide variety of matters, including cases involving fraud, breach of contract, employment law (whistleblowing, wrongful termination, discrimination,and noncompetition), shareholder disputes, and intellectual property claims.

Josh also represents individuals and businesses charged with or under investigation for federal and state criminal offenses, including securities and mail fraud, racketeering, corruption, visa fraud, environmental violations, and other offenses, and in proceedings before regulatory organizations such as the SEC and FINRA. He serves as a Trustee of the Association of Criminal Defense Lawyers of New Jersey (ACDL-NJ), on behalf of which he has argued a number of important criminal law issues before the New Jersey Supreme Court.

Josh graduated cum laude from Columbia University and received his law degree from Harvard Law School. Following law school, he served as a federal law clerk to Hon. Ernest C. Torres of the United States District Court for the District of Rhode Island. Prior to joining Kagen & Caspersen, Josh practiced at top-ranked large law firms including Fried Frank, K&L Gates, and Gibbons.

Contact

(212) 880-2045

Credentials

Education

Harvard Law School

J.D.1994

Columbia University

B.A. cum laude - 1990

Editor-in-Chief, Columbia Daily Spectator

Bar Admissions

New York
New Jersey
Massachusetts
U.S. District Court Southern District of New York
U.S. District Court Eastern District of New York
U.S. District Court District of New Jersey
U.S. Court of Appeals Second Circuit
U.S. Court of Appeals Third Circuit
U.S. Supreme Court

Representative Cases

  • Briefed successful appeal resulting in reversal of $3.9 million insurance fraud judgment.

  • Co-trial counsel in complex state civil fraud trial challenging novel application of fraud statute.

  • Co-trial counsel in federal bribery jury trial to verdict.

  • Co-trial counsel in federal insider trading and securities fraud jury trial (resolved with plea dismissing most serious securities fraud counts), and parallel SEC enforcement action.

  • Representation of former senior executive alleging breach of multimillion-dollar compensation agreements.

  • Defense of national restaurant chain in employment discrimination, premises liability, and contract matters, resulting in favorable settlements.

  • Representation of construction company in Title VII sexual harassment case.

  • Representation of Big Four accounting firm partner in alleged breach of non-solicitation agreement.

  • Representation of clients (including broker-dealer, Big Four accounting firm partner, investment adviser, trading desk head, and high net-worth investor) in parallel criminal and SEC enforcement matters alleging accounting restatement fraud, misuse of soft dollars, insider trading, and Williams Act violations.

  • Internal investigation of policies and procedures of national debt collection company for State-appointed monitor.

  • Argument on behalf of ACDL-NJ persuading New Jersey Supreme Court to rule that confessions induced by police promises of leniency must be suppressed.

  • Argument persuading New Jersey Appellate Division to hold that failure to consolidate multiple charges can constitute ineffective assistance of counsel.

Decisions

  • Allstate Ins. Co. v. Northfield Med. Ctr., P.C., 2015 N.J. Super. Unpub. LEXIS 1018 (N.J. App. Div. May 4, 2015)

  • State v. Hreha, 217 N.J. 368 (2014)

  • In re Kendall, 712 F.3d 814 (3d Cir. 2013)

  • United States v. Friedman, 658 F.3d 342 (3d Cir. 2011)

  • State v. Pena-Flores, 198 N.J. 6 (2009)

  • SEC v. Teo 2009 WL 1684467 (D.N.J. June 12, 2009), 2011 WL 4074085 (D.N.J. Sept. 12, 2011), aff’d, 746 F.3d 90 (3d Cir.); cert. denied, 135 S.Ct. 675 (2014)

  • State v. Dispoto, 189 N.J. 108 (2007)

  • State v. Rountree, 388 N.J. Super. 190 (App. Div. 2006); Rountree v. Balicki, 640 F.3d 530 (3d Cir. 2011), cert. denied, 132 S.Ct. 533 (2011).

  • Harris Trust & Sav. Bank v. John Hancock Mut. Life Ins. Co. , 137 F. Supp. 2d 351 (S.D.N.Y. 2001)