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Joseph Kolker

Senior Associate

New York

Joey Kolker represents clients in trial and appellate-level litigation, with a focus on intellectual property and complex business disputes.

In his trial-level practice, Joey develops legal strategy, writes persuasive and accessible briefs, and works as embedded appellate counsel at trial. Joey has drafted dozens of briefs in litigation involving patent infringement claims, false advertising claims, and other complex business disputes. At trial, in his hybrid role as embedded appellate counsel, Joey advises on legal strategy and preservation issues and drafts and argues trial motions, briefs, and jury instructions. 

In his appellate practice, Joey has presented argument before the Federal Circuit and Third Circuit, and drafted briefs at the Second, Third, Fourth, Fifth, Eighth, Ninth, and Federal Circuits, and at the U.S. Supreme Court, across a wide range of subject matters--ranging from patents, copyright, and contract interpretation to white collar and criminal procedure, immigration, and civil rights law.

Before joining Orrick, Joey served as a law clerk to Chief Judge Michael A. Chagares of the U.S. Court of Appeals for the Third Circuit and Judge Janet Bond Arterton of the U.S. District Court for the District of Connecticut. Prior to clerking, he worked as a civil rights litigation fellow in the New York office of a national firm.

  • Intellectual property matters

    • Successfully represented fashion designer in U.S. Supreme Court copyright case (Unicolors v. H&M).
    • Represent major technology companies as plaintiffs and defendants in patent infringement litigation.
    • Represent leading technology companies in Federal Circuit appeals from district court litigation/IPRs.
    • Represent leading retailer in Lanham Act and false advertising litigation.
    • Represented automotive industry manufacturers in Ninth Circuit amicus brief in appeal involving FRAND/SEP issues.

    Complex commercial and financial services litigation

    • Successfully represented electricity G&T cooperative in contract litigation; prevailed on motion for summary judgment and successfully defended win on appeal (Dakota Energy v. East River and Basin Electric Power Cooperative, Eighth Circuit).
    • Represent investment bank in RMBS litigation; successfully defeated plaintiff's motion for partial summary judgment.

    Pro bono

    • As lead counsel, represented civil rights plaintiff in over-detention claim, obtaining precedent-setting win on appeal (Herrera v. Agents of Pennsylvania Bd. of Prob. & Parole, Third Circuit).
    • Lead counsel in immigration and veterans appeals at the Second Circuit and Federal Circuit.
    • Successfully represented civil rights plaintiffs in Fifth Circuit appeal from grant of summary judgment in private jail wrongful death lawsuit.
    • Represented civil rights plaintiff and criminal defendant in cert. petitions at the Supreme Court involving prosecutorial immunity, and sentencing law, respectively.
    • Represented habeas scholars and national civil rights organization as amici in cert.- and merits-stage briefs filed at the U.S. Supreme Court in cases involving death penalty and Bivens claim (Cruz v. Arizona; Egbert v. Boule).

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