Locke Lord

Joe Froehlich has experience in representing clients in complex commercial and business litigation in state, federal and bankruptcy courts in New York, New Jersey and throughout the country. Joe has extensive experience representing business interests -- including financial institutions, educational institutions and insurance companies -- in every step of the litigation process: pre-suit investigation, pre-trial proceedings, trials, appeals and post-judgment proceedings. In addition to his considerable experience before the state and federal courts in New York and New Jersey, Joe has represented clients in arbitrations and mediations. Joe also has counseled insurance and reinsurance clients on complex coverage cases.

Representative Experience

Commercial Litigation

• Obtained dismissal of securities and common law fraud claims brought against client that sponsors exchange-traded funds (ETFs)
• Represented international public relations firm in multiple disputes with construction vendor
• Represented bank client in pursuit of over $15 million of defaulted loans
• Trial judge granted motion to dismiss plaintiff's claim for age discrimination on basis that New Jersey law did not apply to plaintiff's claim
• Obtained vacatur of TRO and denial of motion for preliminary injunction, allowing client to change educational policies for medical fellows
• Trial judge granted summary judgment dismissing claim against client for breach of employment agreement
• Represented contractor client in defense of class action claim for breach of prevailing wage law

Financial Services Litigation

• Represented several national mortgage and mortgage servicing companies in consumer disputes
• Represent national mortgage servicer in class action claim asserting violations of FDCPA, TILA and RESPA
• Represented financial institutions in defense of objections to creditor claims in Chapter 13 bankruptcy actions
• Represented national mortgage servicer and related companies in action brought by residual investors in mortgage-backed securities
• Represented multiple indenture trustee clients in various disputes, including interpleader actions, related to collateral debt obligations (CDOs)

Insurance/Reinsurance

• Represented excess carrier in multiple actions and arbitrations brought by various pharmaceutical companies seeking coverage for mass tort claims involving multi-district litigation
• Represented insurance company in first-party property claims brought as a result of the World Trade Center Disaster
• Represented reinsurer in arbitrations for claims brought by ceding company on directors and officers insurance policies and auto residual value insurance contracts
• Represented carrier in claims for coverage under directors and officers policies
• Trial judge granted summary judgment for excess-policy-carrier client on basis that there was no coverage because there were multiple occurrences under New York's "unfortunate events" test for determining the number of occurrences
• Represented reinsurers in action against reinsurance intermediary that violated its fiduciary obligations and converted in excess of $40 million of fiduciary funds
• Represented comprehensive general liability carrier in coverage cases involving environmental claims, asbestos claims, and other mass tort claims

Bankruptcy

• Represented insurance carrier in defense of preference action in which debtor attempted to recover premium payments on general liability and auto policies
• Represented indenture trustee in interpleader counterclaim to debtor's adversary proceeding
• Represented bank client in claim hearing in which court granted client's claim for utilization fees on a credit facility, despite debtor's objection that such fees were not allowed under the debtor's approved bankruptcy plan
• Represented retailer client in multiple disputes with bankrupt supplier of countertops

Reported Decisions

• JPMorgan Chase Bank v. Traffic Stream (BVI) Infrastructure Ltd., 122 S.Ct. 2054 (2002). Represented indenture trustee client in appeal to the U.S. Supreme Court and obtained reversal of Second Circuit ruling on seminal issue of alienage diversity jurisdiction for individuals and corporations from the United Kingdom's Overseas Territories
• Greenberg v. ProShares Trust, 2011 WL 2636990 (N.J. Super A.D. 2011). Appeals court affirmed dismissal of claims brought against sponsor of exchange-traded funds for alleged violations of the New Jersey Uniform Securities Law and Common Law Fraud
• Hannah Brothers v. OSK Marketing & Communications, Inc., 609 F. Supp.2d 343 (S.D.N.Y 2009). Obtained dismissal of plaintiff's claim of maritime attachment based on alleged claim of joint venture
• In re Bank of New England Corp, 364 F.3d 355 (1st Cir. 2004). Represented client in appeal of bankruptcy court’s order that denied indenture trustee client's demand to be paid post-petition interest before any payment was made to the subordinated note holders
• New York Medical College v. Histogenetics, Inc., 774 N.Y.S.2d 356 (2d Dep’t 2004). Obtained reversal of trial court's dismissal of claim for conversion
• Butt v. New York Medical College, 776 N.Y.S.2d 897 (2d Dep't 2004). Appeals court affirms trial court's denial of plaintiff's attempt to obtain leave to amend complaint
• S.N. Golden Estates, Inc., et al. v. Continental Casualty Company, 317 N.J. Super. 82 (App. Div. 1998). Represented client in appeal in which the New Jersey Appellate Division vacated orders of the trial court that insurer client pay approximately $400,000 in attorneys' fees and costs incurred by insured

Professional History

• Partner, Locke Lord LLP
• Partner, Lord Bissell & Brook, LLP
• Associate, Kelley Drye & Warren LLP
• Associate, Ford Marrin Esposito Witmeyer & Gleser LLP

Professional Affiliations and Recognitions

• Named, New York Super Lawyer, 2012-2019 (Business Litigation)
• Member, American Bar Association
• Member, New York State Bar Association, Commercial and Federal Litigation Section

Community Leadership

• Committee Member, Boy Scouts of America, Troop 284, Copiague, NY
• Inducted, Copiague High School Hall of Achievement (2005)