Joshua D. Fulop represents employers and senior executives in all aspects of employment-related litigation and disputes before federal and state courts, administrative agencies, and alternative dispute resolution bodies. His experience includes defense of claims of discrimination and sexual harassment, disputes involving the enforcement of employment contracts and non-competition covenants, and tort claims arising out of the employment relationship, such as breach of fiduciary duty, unfair competition and tortious interference. Josh also advises clients on a broad variety of employment-related matters, including non-competition covenants, terminations and other disciplinary actions, employment and separation agreements, investigations of alleged discrimination, harassment and other employee misconduct and employment policies and practices.
Josh has been recognized by Legal 500 and included on Benchmark Litigation’s 40 & Under Hot List, on Lawdragon’s 500 X – The Next Generation list and on Super Lawyers' Rising Stars list.
Work Highlights
- YRC Worldwide, a transportation and logistics company, in wage and hour class action claims.
- Northwell Health, one of the largest hospital systems in the U.S., in a lawsuit to enforce employment agreements, including covenants not to compete.
- Three former executives of a $1 billion public international company in securing an $11.2 million arbitration award against the company. The executives claimed that they were entitled to additional payments associated with their departure.
- Saw Mill Capital in defense of claims for carried interest and other compensation by a former partner, resulting in a complete victory for Saw Mill Capital after a trial.
- John Brice, former Chief Investment Officer and board member of private equity fund CarVal Investors, in a case against CarVal after it terminated Mr. Brice’s employment and threatened to withhold $230 million in compensation. After winning a preliminary injunction, the matter settled favorably.
- Senior Managers of Och-Ziff Capital in disputes with the company’s founding partners and board of directors.
- An international law firm in defense of complaints of discrimination.
- XP Investments US, an investment management firm, in various employment and contract claims.
- MusclePharm, a nutritional supplements company, in various employment matters.
- A $9 billion private equity firm in an arbitration against a former partner. We achieved a significant victory in the arbitration, dismissing the $40 million claim and prevailing on counterclaims eliminating the claimant’s residual equity interest in the fund.
- Six health care aides, pro bono, in securing a $600,000 settlement from a home health care aide services agency to resolve their lawsuit alleging violations of state and federal labor laws.
- Yellow, one of the nation’s largest transportation and logistics companies, in numerous employment litigation matters.
- A global staffing company in a contract dispute with an e-commerce company over staffing.
- A leading fashion modeling agency in the successful defense of claims brought by an alleged former shareholder, including fraud, breach of fiduciary duty and trademark infringement; case dismissed on a motion to dismiss before the Supreme Court, New York County.
- An investment banking firm and two of its senior executives in defense of claims, which included age discrimination, violations under New York State’s whistleblower act and breach of contract, brought by a former senior analyst; case dismissed on a motion to dismiss before the Supreme Court, New York County; dismissal affirmed by the First Department.
- A global real estate services firm in connection with the defense of an action filed in New York by a former executive seeking alleged unpaid compensation and future commissions.
- A global accounting firm in matters relating to the recruitment of high-level executives, including the arbitration of an ensuing controversy.
- A global business advisory firm in defense of various contract and restrictive covenant claims brought by a former managing director of the company.
- One of the world’s largest distributors of electronic parts and components against various employment and trade secret claims brought against it by a competitor in New York federal court.
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