Joshua Irwin Schiller
Areas of Practice
Columbia Law School, J.D., Stone Scholar, 2008; Joseph Solomon Scholarship in Media and Art Law (Summer 2006), Best Oral Argument, 1L Moot Court (2006)
Yale University, B.A., American Studies, 2003
New York Supreme Court
United States Supreme Court
United States Courts of Appeals: Second, Fourth, Fifth, Ninth and Tenth Circuits
United States District Courts: Southern and Eastern Districts of New York
Josh Schiller is an experienced trial lawyer whose practice areas include intellectual property, securities, antitrust, entertainment, the first amendment, art and music law, civil rights, and bankruptcy and restructuring. He has litigated in a variety of complex matters on behalf of clients throughout the United States and in Europe. Mr. Schiller has advised clients in the finance, art, entertainment and media, start-up and emerging technology, online retail, biopharmaceutical, real estate, construction, chemicals, and automotive industries.
In 2012, Mr. Schiller successfully argued the landmark case Prince v. Cariou in the U.S. Court of Appeals for the Second Circuit on behalf of the appropriation artist Richard Prince. The Second Circuit ruled that Mr. Prince’s art was protected as fair use, saving it from destruction under an injunction imposed by a district court. The U.S. Supreme Court has declined to review the Second Circuit ruling.
In 2013, Mr. Schiller successfully recovered an insurance payment for Barclays relating to an oil tanker that sank off the coast of Portugal in 1989. The insurance payment had been frozen by Standard Chartered and held for nearly 25 years on behalf of its client the Central Bank of Libya.
In 2014, Mr. Schiller argued and won an injunction against Diageo, the world’s leading premium drinks business, causing it to cease marketing and distributing its Explorers’ Club whiskeys. The injunction was issued under a rarely used New York statute that is specifically targeted to protect charitable organizations such as Mr. Schiller’s client, a venerable New York institution called The Explorers Club. As a result of the litigation, The Explorers Club and Diageo have embarked on a branding partnership through a licensing and sponsorship arrangement.
Mr. Schiller has also worked on behalf of CBS, including most recently defeating a motion to dismiss Fraud claims against the DISH Networks in a case involving DISH’s Primetime Anytime and AutoHop commercial skipping technology that is proceeding towards trial.
Since joining Boies, Schiller & Flexner in 2008, Mr. Schiller has been a part of the team committed to bringing marriage equality to the United States. In 2014, Mr. Schiller was a member of a team that successfully won an injunction against the State of Virginia allowing same-sex couples in that State to marry. After the Supreme Court denied certiori, Mr. Schiller’s clients’ marriages were immediately recognized and given equal status to the marriages of all other couples residing in Virginia. Mr. Schiller was also part of a trial team that in 2010 successfully overturned Proposition 8 in California, a decision that withstood appeal to the Supreme Court and ultimately provided for the re-instatement of marriage equality in California. That trial was featured in the award winning documentary The Case Against 8. Mr. Schiller’s pro bono work extends to a variety of other matters, including serving as outside intellectual property counsel for the Dia Foundation.
Mr. Schiller is a member of the Board of Visitors of Columbia Law School, from which he graduated in 2008. While at Columbia, Mr. Schiller was a Harlan Fiske Stone Scholar and a recipient of the Joseph Solomon Media Law Scholarship. He graduated from Yale in 2003.
Selected Professional Awards and Associations
Member, Columbia Law School Board of Visitors
Fifty-three Attorneys Recognized as New York Metro Super Lawyers (October 10, 2016)
Boies, Schiller & Flexner Earns Top Marks in HRC 2016 Corporate Equality Index (November 18, 2015)
Google Copyright Suit Vs. Authors Nears Key Chapter (Investor's Business Daily)
The Team’s Name, the Government’s Speech: “Redskins” Trademark Registrations Remain Cancelled (Sports Litigation Alert)
Redskins File Notice of Appeal to Fourth Circuit (Bloomberg BNA)
Plaintiffs Ordered to 'Start Over' On Eve of Securities Class Action Trial (The AmLaw Litigation Daily)
Boy Scouts president warns that ban on gay leaders threatens organization (The Washington Post)
Boy Scouts' leader says ban on gay adults not sustainable (The Associated Press)
Rising Dissent and Lawsuits Pushed Scouts to Change (The New York Times)
Unilever Drops False Ad Lawsuit Against Just Mayo (In The News)
Boies, Schiller & Flexner Elects New Partners (December 16, 2014)
CBS Deal Ends Blackout, Litigation Risk for Dish (In the News)
Unilever Faces Blowback in Mayonnaise False Ad War (In The News)
Diegeo Inks Deal to Exit Johnnie Walker Trademark Row (In The News)
The BSF Report: Spring 2013 (03.08.2013)
Ninth Circuit Court of Appeals Hears Argument in Historic Civil Rights Case (Firm Newsletter Spring 2011)
BSF Represents salesforce in Multidistrict Patent Litigation (Firm Newsletter Spring 2011)
Seminars and Speaking Engagements
Sotheby’s Institute of Art Speaker Series presents: To Catch a Thief? The Future of Fair Use and Appropriation Art (2016)
Josh Schiller takes part in panel on fair use (2015)
Beg, Borrow or Steal -- Appropriation Art, Fair Use or Infringement Most Foul? (2014)
Copyright Policy, Creativity, and Innovation in the Digital Economy (2013)