
Joshua Feinstein
Practices & Industries
Admissions
- New York
- U.S. District Court, Eastern District of New York
- U.S. District Court, Northern District of New York
- U.S. District Court, Southern District of New York
- U.S. District Court, Western District of New York
- U.S. Court of Appeals, Second Circuit
Education
Swarthmore College, B.A., high honors
Stanford University , Ph.D.
New York University School of Law, J.D., cum laude
Joshua has a broad- based practice that combines his extensive experience in business litigation with a sharp focus on healthcare compliance.
Joshua has successfully defended dozens of matters in both state and federal courts, obtaining summary judgment in numerous discrimination cases, among other favorable results. As a litigator, he concentrates his practice in employment-related disputes, including discrimination, wage-and-hour and non-compete litigation, but also has experience with Article 78 proceedings, commercial disputes, public accommodations accessibility litigation under the Americans with Disabilities Act, municipal law matters, freedom-of-information litigation and tax-assessment review challenges as well as appellate practice and international cross-border litigation. Joshua has tried multiple cases and argued numerous appeals before both the New York Appellate Division and the U.S. Court of Appeals for the Second Circuit.
Joshua draws on his perspective as a litigator in assisting health care providers to navigate the ever-evolving regulatory and compliance challenges facing their industry. He has counseled hospitals, medical practices, skilled nursing facilities, home health care agencies, pharmacies and management services organizations on a range of issues, including the Stark Law, compliance under the Anti-Kickback Statute, liability risks under the False Claims Act, reimbursement claims, credentialing, physician contracts, hospital/physician integration and the corporate practice of medicine.
Combining rigorous analysis of legal risks with an appreciation of the realities of business, Joshua strives to find practical, efficient solutions that further his client's objectives.
Honors
- Listed, Best Lawyers in America (Litigation - Labor and Employment) 2024
- Bar Association of Erie County, Volunteer Lawyers Project: Law Firm Pro Bono Coordinator of the Year Award, 2014
- Pro Bono Honor Roll, The United States District Court for the Western District of New York, 2022
Experience
- $3 Million Judgment in Municipal Labor Dispute Reversed in Favor of Client on Appeal
- Affirmance by the Second Circuit of Dismissal of Reverse Discrimination Suit Challenging Police Promotion Practices
- Billing Victory for Health Care Provider
- Class-Action Lawsuit Alleging Employment Discrimination Ends Favorably for City of Buffalo
- Dismissal of Race Bias Suit in Favor of Hodgson Russ Client
- Dismissal on the Pleadings of a Multimillion-Dollar Collective Action Under the Fair Labor Standards Act
- Employment Discrimination Matters in U.S. District Court
- Represented in Trial Ad Agency Seeking Payment for $1.6 Million Campaign
- Successful Defense of a Municipality Against Attempt to Overturn Ordinance on Constitutional Grounds
- Summary Judgment for Municipality in Discrimination and Harassment Lawsuit Involving Extensive Email
In the News
- Tax Notes State, May 8, 2023
- 2nd Circ. Affirms Buffalo PD Win in White Cop's Bias SuitLaw360, February 28, 2013
Press Releases
- August 17, 2023
- Hodgson Russ LLP Honored with 2023 New York State Bar Association President’s Pro Bono Service AwardApril 17, 2023
- Press Release, May 8, 2015
- Press Release, October 6, 2014
- Press Release, August 14, 2014
Publications
- Hodgson Russ Healthcare Alert , September 7, 2023
- Hodgson Russ Home Care and Healthcare Alert, May 16, 2023
- Hodgson Russ Real Property Tax Assessment & Eminent Domain Alert , May 10, 2023
- Hodgson Russ Food & Beverage Alert, May 3, 2023
- Hodgson Russ Food & Beverage Alert, March 20, 2023
- Hodgson Russ Food & Beverage Alert, January 4, 2023
- Hodgson Russ Municipal Alert, November 28, 2022
- Hodgson Russ Food and Beverage Alert, September 12, 2022
- Hodgson Russ Canada-U.S. Cross-Border and Cybersecurity & Privacy Alert, July 7, 2022
- Hodgson Russ Municipal Alert, May 16, 2022
- Hodgson Russ Renewable Energy & Municipal Alert, May 3, 2022
- Hodgson Russ Municipal and Education Alert, April 19, 2022
- Hodgson Russ OSHA and Healthcare Alert, March 28, 2022
- Hodgson Russ Healthcare Alert, January 6, 2022
- Hodgson Russ Healthcare and Labor & Employment Alert, November 5, 2021
- Hodgson Russ Healthcare and Labor & Employment Alert, November 2, 2021
- Hodgson Russ Municipal Alert, October 29, 2021
- Hodgson Russ Healthcare and Labor & Employment Alert, October 13, 2021
- Coronavirus Guidance Update - Healthcare, August 27, 2021
- Hodgson Russ Healthcare Alert, August 25, 2021
- Hodgson Russ Healthcare Alert, January 19, 2021
- Hodgson Russ Healthcare Alert, January 19, 2021
- Hodgson Russ Healthcare Alert, November 11, 2020
- New York Law Journal, October 7, 2020
- Hodgson Russ Healthcare and Cybersecurity & Privacy Alert, August 14, 2020
- Hodgson Russ Municipal and Education Alert, August 7, 2020
- Hodgson Russ Healthcare Alert, June 25, 2020
- Hodgson Russ Business Litigation Alert, June 23, 2020
- Hodgson Russ Business Litigation and Bankruptcy & Restructuring Alert, June 22, 2020
- Municipalities Hit with Deluge of FOIL Requests After Repeal of Section 50-a of the Civil Rights LawHodgson Russ Municipal Alert, June 22, 2020
- Hodgson Russ Class Action Litigation Alert, May 29, 2020
- Hodgson Russ Business Litigation Alert, May 22, 2020
- Hodgson Russ OSHA and Business Litigation Alert, May 13, 2020
- Hodgson Russ Healthcare Alert, May 11, 2020
- Hodgson Russ Healthcare Alert, May 6, 2020
- Hodgson Russ Municipal Alert, May 5, 2020
- Hodgson Russ Healthcare Alert, April 24, 2020
- Hodgson Russ Business Litigation Alert, April 22, 2020
- Hodgson Russ Business Litigation and Securities Regulation & Corporate Compliance Alert, April 22, 2020
- Hodgson Russ Healthcare Alert, April 21, 2020
- Hodgson Russ Business Litigation Alert, April 15, 2020
- Hodgson Russ Municipal Alert, April 14, 2020
- Hodgson Russ Municipal Alert, April 10, 2020
- Hodgson Russ Healthcare Alert, April 10, 2020
- Hodgson Russ Business Litigation Alert, April 9, 2020
- Hodgson Russ Healthcare Alert, April 9, 2020
- Hodgson Russ Healthcare Alert, April 8, 2020
- Hodgson Russ Education, Municipal & Public Finance Alert, April 8, 2020
- Hodgson Russ Healthcare & OSHA Alert, April 2, 2020
- Hodgson Russ Public Finance Alert, April 1, 2020
- Hodgson Russ Healthcare Alert, March 31, 2020
- Hodgson Russ Municipal Alert, March 30, 2020
- Hodgson Russ Healthcare Alert, March 24, 2020
- Hodgson Russ Healthcare Alert, March 20, 2020
- Hodgson Russ Healthcare Alert, March 18, 2020
- Hodgson Russ Municipal Alert, March 17, 2020
- Hodgson Russ Municipal Alert, March 16, 2020
- Hodgson Russ Healthcare Alert, March 9, 2020
- Hodgson Russ Municipal Alert, January 6, 2020
- Hodgson Russ Healthcare Alert, November 6, 2019
- Hodgson Russ Healthcare Alert, November 6, 2019
- Hodgson Russ Healthcare Alert, November 6, 2019
- Hodgson Russ Municipal and Education Alert, October 21, 2019
- Hodgson Russ Municipal, Real Property Tax Assessment, and Telecommunications Alert, September 20, 2019
- New York Law Journal, 2019 Edition, 2019
- Labor & Employment and Employment Litigation Alert, February 27, 2018
- Employers' Advisor Blog Archives, December 29, 2015
- Employers' Advisor Blog Archives, October 14, 2015
- Employers' Advisor Blog Archives, January 29, 2015
- Employers' Advisor Blog Archives, December 9, 2014
- Employers' Advisor Blog Archives, December 3, 2014
- Employers' Advisor Blog Archives, August 12, 2014
- Employers' Advisor Blog Archives, July 2, 2014
- Employers' Advisor Blog Archives, June 10, 2014
- Employers' Advisor Blog Archives, February 20, 2014
- Labor & Employment Alert, September 25, 2013
- Employment Litigation Alert, June 26, 2013
- Lawyers Weekly, May 10, 2013
- Talk of the Towns, April 26, 2013
- Labor & Employment Alert, April 26, 2013
- New York--Ad Valorem Taxes Against Utility PropertiesPractical US/Domestic Tax Strategies, September 2006
- Municipal Alert, May 19, 2006
- May 18, 2006
- U.S. Federal Courts Have Broad Authority to Grant Discovery in Aid of Canadian LitigationLawyers Weekly, December 17, 2004
- Lawyers Weekly, December 12, 2003
Presentations & Events
- May 27, 2020
- Buffalo, NY, May 22, 2014
- Buffalo, NY, May 16, 2013
- Buffalo, NY, May 17, 2012
- Buffalo, NY, May 4, 2011
- September 29, 2009
Professional Associations
- American Health Lawyers Association
- New York State Bar Association: Health Law Section
- Bar Association of Erie County
Community & Pro Bono
- Member, Board of Trustees: Tapestry Charter School