Overview
Joshua Newcomer is Managing Principal in the Houston office of McKool Smith. He handles complex financial litigation, particularly for bankruptcy-related disputes and ITC investigations, where he has deep expertise in domestic industry and public interest.
Josh currently represents numerous post-bankruptcy trustees arising out of the bankruptcies of Instant Brands, Tops Markets, Millennium Health, and Alliance Health. An expert on fraudulent transfer and fiduciary-related claims, Josh has handled groundbreaking cases on the section 546(e) defense, the golden creditor doctrine, and syndicated loans. 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. Josh has also obtained a 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.
At the International Trade Commission, Josh currently represents Ericsson against Lenovo as part of a global litigation campaign asserting Ericsson’s 5G standard essential and implementation patents. Josh also represents Nokia against Amazon and HP as part of a campaign asserting AVC and HEVC standard essential patents. Josh previously represented Ericsson against Apple related to 2G, 3G, and 4G technology, Bell Semiconductor against various entities related to chip design, and TiVo subsidiaries Rovi and Veveo against Comcast related to video playback technologies. In his role, Josh has developed deep understandings of ITC procedure and statutory requirements related to economic domestic industry and public interest.
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.
J.D., magna cum laude, Temple University School of Law, 2007
B.A., cum laude, University of Pennsylvania, 2001
- Hon. Carolyn Dineen King, U.S. Court of Appeals, Fifth Circuit
- Hon. William H. Yohn, U.S. District Court, Eastern District of Pennsylvania
- 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