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Overview

Joshua Newcomer is Managing Principal in the Houston office of McKool Smith. He handles complex commercial litigation, with an emphasis on financial, fiduciary, construction, and bankruptcy-related disputes.

Josh currently represents numerous post-bankruptcy trustees and their counterparties arising out of the bankruptcies of Tops, Millennium, KP Engineering, Basic Energy, and other entities. He recently defended Zachry entities in fiduciary duty and fraudulent transfer claims arising out of construction of a billion-dollar public-private partnership toll road. He also recently represented TiVo subsidiaries Rovi and Veveo adverse to Comcast in an International Trade Commission investigation involving the economic activities of the parties.

Prior to joining McKool Smith, Josh clerked for the Honorable Carolyn Dineen King of the U.S. Court of Appeals for the Fifth Circuit and the Honorable William H. Yohn Jr. of the U.S. District Court for the Eastern District of Pennsylvania. Before attending law school, Joshua was an associate consultant for L.E.K. Consulting in Boston and Singapore, where he focused on business strategy and shareholder valuation.

Experience

Representative Matters

  • Representing the Trustee of the Millennium trusts in pursuing more than one billion dollars of claims against the former lenders and auditor of the drug testing company.
  • Representing the Trustee of the Tops trust in pursuing hundreds of millions of dollars of claims against the former owners and directors of the Tops grocery chain who orchestrated, authorized and received illicit dividends from the company.
  • Representing Ascribe in defense of bankruptcy-related claims arising out of investment in Basic Energy, a bankrupt oil field services company.
  • Defending KP Engineering, BTS Enterprises, and related individuals and entities against claims of fraud, fraudulent transfer, breach of fiduciary duty, and construction trust liability arising out of construction of oil and gas processing facilities.
  • Represented Zachry Construction Corporation, Zachry American Infrastructure, and Zachry Industrial Inc. in defense of fiduciary duty and fraudulent transfer claims arising out of construction of a billion-dollar public-private partnership toll road.
  • Represented TiVo subsidiaries Rovi and Veveo against Comcast in an International Trade Commission investigation involving numerous patents related to encryption, communication, interactive television program guides, DVR technology, and related technologies.
  • Represented Alcoa Power and Gas Inc. in defense of a case brought by the State of North Carolina concerning ownership rights to North Carolina’s second-largest river system and the right to control hydroelectric power in the Yadkin Valley.
  • Obtained significant settlement in favor of Freddie Mac arising from its lawsuit against Deloitte & Touche related to the failed audit of TBW, a bankrupt home loan servicing company.
  • Defended Antigua and Barbuda in two RICO class actions over that government’s alleged involvement in the R. Allen Stanford $8 billion Ponzi scheme, and in two related lawsuits, all of which have attracted worldwide media coverage, including articles in The Wall Street Journal, The New York Times, The Washington Post, The Los Angeles Times, and The Financial Times.  Argued and obtained favorable ruling from the Fifth Circuit Court of Appeals regarding sovereign immunity defenses.
  • Represented the Liquidating Trustee of Buccaneer Resources and eight related entities in a lawsuit against former directors and officers for breach of fiduciary duties, obtaining a favorable settlement.
  • Represented major publisher in defense of trademark infringement claims, obtaining complete dismissal of case.
  • Represented fuel card issuer in lawsuit and arbitration by major oil company alleging claims related to the transfer of a branded fuel card portfolio. Successfully defended a request for a temporary restraining order and achieved a favorable business resolution of the remaining dispute.
  • Represented CenturyLink in defense of a mass action lawsuit involving 64 plaintiffs in five discrete groups that brought securities fraud claims relating to a sale of control of a distressed company.
  • Prosecuted claims for Apache Corporation regarding the sale of Argentine oil and gas assets.

Prior to joining McKool Smith:

  • Successfully defended Apache Corporation in two consolidated lawsuits regarding gas supply issues in Western Australia which attracted worldwide media coverage; obtained dismissals on the ground of forum non conveniens.
  • Obtained dismissal for foreign nation of claims arising from nationalization of oil rigs.
  • Successfully defended Apache Corporation and other major oil and gas companies regarding allegations that they improperly drained a hydrocarbon reservoir in the Gulf of Mexico.
  • Defended Carnival Corporation & plc and related entities in ongoing litigation arising from the grounding of the cruise ship Costa Concordia in Italy; obtained dismissals on grounds of forum non conveniens.
  • Successfully defended airframe manufacturer in multidistrict litigation arising from the crash of Air France Flight 447; obtained dismissal on grounds of forum non conveniens.
  • Successfully defended Apache Corporation in a class action brought by 30,000 royalty owners in Texas and New Mexico; the court denied the class action and then the case settled for a few pennies on the dollar.
  • Assisted the Department of Justice and the U.S. Attorney’s Office in the successful criminal prosecution of R. Allen Stanford and his co-conspirators regarding Stanford’s $8 billion Ponzi scheme; Stanford was sentenced to 110 years in prison; his conspirators were sentenced to 20 years.
  • Successfully defended IBM Corporation in Texas lawsuit by royalty vendor alleging fraudulent accounting practices; obtained settlement whereby IBM acquired the plaintiff.
  • Obtained favorable settlement for Pride International for defense of arbitration arising from the loss of the drilling rig from Mad Dog Spar platform during Hurricane Ike.
  • Successfully defended Talisman Energy in lawsuit brought by a Texas county for road damage resulting from drilling operations; obtained settlement that funded repair of the road for use by oil field operators.
  • As pro bono counsel, obtained the release of Andrei Sannikov and other Belarusian opposition politicians who were incarcerated for exercising political and human rights; earned recognition as “Lawyer of the Week” in The Times of London.
  • As first chair, successfully defended an individual in an investment fraud case; the jury returned a complete defense verdict in favor of the client in less than 30 minutes.

Recognition

Rankings & Honors

  • Recognized among Lawdragon's 500 Leading Plaintiff Financial Lawyers (2020-2021)
  • Recognized in the Benchmark Litigation "Under 40 Hot List," which honors the achievements of the nation’s most accomplished legal partners of the age of forty or younger (2016-2020)
  • Recognized by Benchmark Litigation as a "Future Star" (2020-2022)
  • Named "Rising Star" by Super Lawyers (2013-2018)
  • Named "Lawyer of the Week" by The Times of London (2012)
  • Named “Top 40 Under 40” by the Houston Business Journal (2014)

Affiliations

Community & Professional Activities

  • Serves on Board of Directors of Freedom Now, a nonprofit NGO advocating for prisoners of conscience.
  • Member, Action Committee of International Law Section, Texas State Bar
  • Member, International Human Rights Committee, International Law Section, Texas State Bar
  • Member, Trial Lawyers’ Association, International Trade Commission

Media & Events

News

Press Releases

Articles

Education

J.D., magna cum laude, Temple University School of Law, 2007

B.A., cum laude, University of Pennsylvania, 2001

Clerkships

  • Hon. Carolyn Dineen King, U.S. Court of Appeals, Fifth Circuit
  • Hon. William H. Yohn, U.S. District Court, Eastern District of Pennsylvania

Court Admissions

  • Texas
  • U.S. District Court Southern District of Texas
  • U.S. District Court Eastern District of Texas
  • U.S. District Court Northern District of Texas
  • U.S. District Court Western District of Texas
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