Joseph P. Esposito

Partner

Contact

  • Washington, DC
    p202.419.2155
    f202.778.2201
  • Washington, DC
    p202.419.2155
    f202.778.2201

Joe's practice focuses on complex business litigation.

Joe has been recognized by Chambers USA for Litigation (Band 3): General Commercial (District of Columbia), 2010, 2011, 2012 and 2013. Chambers USA has described him as "meticulous in meeting client expectations" (2010), and as "very responsive, innovative, and tactical in his strategy" (2011). Chambers USA 2012 noted that Joe "consistently provides practical and workable advice where there is a risk of litigation and resolves disputes quickly and efficiently when it is possible to do so." Further, he is "an experienced litigator who is able to represent a company's interests while also remaining sensitive to business factors and resolutions." And according to Chambers USA 2013, Joe "has a respected commercial litigation practice" and is "hard-working, insightful, organized and very good at executing a strategy."

He was recently elected to membership in the American Law Institute.

His trial experience includes: a jury trial in the Eastern District of Virginia "Rocket Docket" between competitors in the student loan industry; a patent infringement jury trial in New Jersey concerning memory chips, which was named to the National Law Journal's 2007 Defense Hot List; a customs fraud jury trial in the Court of International Trade concerning rebates for imported surgical instruments; a major antitrust suit in Iowa involving high fructose corn syrup; and a complex corporate tax case in the US Tax Court regarding depreciation of equipment in the steel industry. Joe's experience also includes an employment discrimination jury trial in the Southern District of New York; a partnership fraud and accounting trial in Roanoke, Virginia; and a breach of fiduciary duty/legal malpractice trial in Fairfax, Virginia.

Prior to entering private practice, he clerked first for the Hon. Phil M. McNagny, Jr., of the US District Court for the Northern District of Indiana, and then for the Hon. Paul C. Weick, of the US Court of Appeals for the Sixth Circuit. He practiced on Wall Street before moving to Washington.
Joe has spoken before the Washington Metropolitan Area Corporate Counsel Association (WMACCA) on such topics as expert witnesses, litigation management, and the defense of major cases in the Eastern District of Virginia; before the Legal Affairs Committee of the National Council of Higher Education Loan Programs (NCHELP) on topics including electronic discovery and legal ethics; before the Corporate Counsel Committee of the ABA Section of Litigation; at the ABA TIPS 2013 Spring Meeting on ethics issues concerning expert witnesses; and at the American Conference Institute's National Conference on Consumer Finance Class Actions and Litigation. He has served on the faculty of the National Institute for Trial Advocacy, and has lectured on civil trials for the Institute for US Law. Joe also co-chairs the Washington office Pro Bono Committee.

Joe is admitted to practice before the US Tax Court; US Court of Appeals for the Second, Fourth, Sixth, Eleventh, DC and Federal Circuits; and the US District Courts for the District of Columbia, District of Maryland, Eastern and Southern Districts of New York, and the Southern District of Texas.

Relevant Experience

  • Defended a borrower class action in the Central District of California involving loan interest methodology and late fees. 
  • Represented a multi-state company in a state corporate income tax refund action in the North Carolina Business Court. 
  • Defended a newspaper in a lender liability action brought as an adversary proceeding in bankruptcy court in Virginia. 
  • Litigated a complicated securities and derivative action in Texas involving a health care company. 
  • Represented a scientific organization in the Eastern District of New York and the Second Circuit in a suit attacking a report the organization published. 
  • Handled litigation in the Southern District of New York arising under the successor obligor provisions of an indenture agreement. 
  • Defended a temporary restraining order in a Lanham Act case in Maryland involving country of origin issues, and argued the appeal on an issue of first impression in the 4th Circuit. 
  • Litigated a registration rights agreement in state court in Delaware. 
  • Handled a breach of warranty case in New York state court involving the purchase of a business. 
  • Defended the national secondary market for student loans in class actions filed in Texas and Georgia, including two appeals to the 11th Circuit. 
  • Represented a real estate investment trust in an adversary proceeding in bankruptcy court in Maryland concerning whether a loan was secured or unsecured. 
  • Asserted the California Anti-SLAPP statute to defend a scientific publication. 
  • Handled a baseball memorabilia partnership dispute on behalf of a Hall of Fame baseball player in Florida. 
  • Litigated a public accommodations discrimination action involving the car rental industry in Washington, DC, and an Americans With Disabilities Act public accommodations claim involving financial services in the Eastern District of New York. 
  • Defended, pro bono, two college journalists in a defamation action in the Eastern District of Virginia. 
  • Developed the damages defense in an arbitration involving complex real estate investments and carried interests. 
  • Litigated internet defamation cases, complicated toxic tort cases, and employment discrimination class actions.
  • Handled various cases involving shopping centers.
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