Joshua M. Agins

Josh is a versatile litigator who represents colleges and universities, hospital systems, energy companies, engineering firms, industrial conglomerates, and gas and electric utilities in state and federal courts and arbitration venues.

Josh regularly litigates commercial matters arising from breach of contract and business torts. His experience includes matters involving licensing agreements, joint development agreements, commercial leases, supplier/vendor agreements, take or pay arrangements, construction contracts, structured financial products, and UCC Article 2 and 2A claims. He also represents owners, engineers, and contractors in courts and American Arbitration Association proceedings in matters involving change order disputes, cost overruns, nonconforming work, and performance warranties.

In his higher education practice, Josh defends colleges and universities against all varieties of claims of discrimination, harassment, and retaliation in courts and before the NYS Division of Human Rights. He and also advises on, and litigates, matters involving faculty tenure reviews, student conduct issues, and academic challenges by students. Josh frequently handles traditional Title IX and so-called “reverse Title IX” actions arising from reports of sexual misconduct, as well as related investigations by the U.S. DOE’s Office for Civil Rights.

Josh also defends clients in select tort matters. He has represented institutions of higher education in tort matters intersecting with Title IX, VAWA, and the Clery Act. He also represents utility companies following catastrophic natural gas and electrical events and has handled numerous incidents from on-scene investigation through trial.

Josh is a member of the Federation of Defense & Corporate Counsel (FDCC), a membership that is granted by invitation only following an extensive peer-review selection process. Josh serves as Co-Vice Chair of the Energy & Utilities Section, and is a member of the Business & Commercial Litigation Section.

Services

Education

Hamilton College, B.A., magna cum laude

University at Buffalo School of Law, J.D., summa cum laude

Admissions

• New York
• U.S. District Court, Western District of New York
• U.S. District Court, Northern District of New York
• U.S. District Court, Eastern District of New York
• U.S. District Court, Southern District of New York
• U.S. Bankruptcy Court, Western District of New York
• U.S. Court of Appeals, Second Circuit