Joseph Kolker

Senior Associate

New York

Joey Kolker represents clients in high-stakes appeals and critical motions at the trial level.

Joey represents clients in trial and appellate-level litigation, with a focus on intellectual property and complex commercial matters. At the trial level, Joey's practice focuses on briefing dispositive and other critical motions and assisting trial teams as embedded appellate counsel. Joey has also advised clients in the technology, telecommunications, and renewable energy sectors on litigation and policy strategy.

Joey maintains an active pro bono practice, focused on civil rights, criminal defense, and immigration appeals.

Before joining Orrick, Joey served as a law clerk to 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 merits copyright case (Unicolors v. H&M, No. 20-915).
    • Represent public company in patent infringement litigation against major tech company.
    • Advised leading retailer on appellate strategy in trademark 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

    • Represented petitioner in Second Circuit immigration appeal, seeking protection under the Convention Against Torture.
    • Represented veteran in Federal Circuit appeal of denial of EAJA fees.
    • Successfully represented civil rights plaintiffs in Fifth Circuit appeal from grant of summary judgment in private jail wrongful death lawsuit.
    • Helped represent criminal defendant in cert.-stage proceedings at the Supreme Court involving sentencing issue.
    • Represented habeas scholars and national civil rights organization as amici in cert.- and merits-stage briefs filed at the U.S. Supreme Court in death penalty and civil rights cases (Cruz v. Arizona; Egbert v. Boule).