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Joshua J. Horowitz, Esq.

Founder

Tel: 212.203.9011

Cell: 646.893.9599

GPG Key Fingerprint: 9C74 4847 3C87 88FA 8D49 37AB 2AC1 CED7 DDF2 CA16

Overview


Joshua J. Horowitz is the founder of Horowitz Tech Law PC. His national practice is concentrated on litigating technologically complex criminal and civil cases. TechCrunch described Joshua's combined trial skill and technical expertise as "a rare skill for those in the legal profession." This combination serves as the foundation for his national litigation practice. Josh's approach to trial practice is simple: learn from the best to be the best. Josh is frequently sought after by the nation's top trial lawyers to try cases as co-counsel or serve in an expert/consulting capacity. He has learned from the best trial lawyers in the country how to win and has shaped winning trial strategies in some of the most high-stakes and technologically complex cases of this era.




Expertise & Experience


Josh is a highly skilled litigator who is uniquely qualified to try technologically complex cases. He has been previosuly qualified under the Federal Rules of Evidence as an expert in cybersecurity and forensics. He provided compelling testimony on those subjects in a high-stakes, high profile federal criminal trial in the Middle District of Florida in which the defendant was acquitted of all charges. Josh has handled some of the most technologically complex cases to be brought in federal and state courts around the United States. He has picked apart some of the most complex cyber investigations conducted by US and international law enforcement to the benefit of his clients.




In the News


  • Orlando Weekly, April 3, 2018: Noor Salman's trial gave us the best glimpse of what actually led to the Pulse shooting
  • The Washington Post, July 6, 2017: Two charged with running hacking service used in 'major computer intrusions' of U.S. businesses
  • Wall Street Journal Pro Cybersecurity Newsletter, Feb. 27, 2017: Cloud Storage Doesn't Guarantee Security
  • Forbes, Mar. 31, 2015: Criminal Charges Against Agents Reveal Staggering Corruption in the Silk Road Investigation
  • The National Law Review, Dec. 4 2014: Court-Appointed Experts: The Future of Litigation?
  • Forbes, Oct. 8 2014: Feds Say That Even If FBI Hacked The Silk Road, Ulbricht's Rights Weren't Violated
  • Wired, Oct. 6, 2014: Feds “Hacked” Silk Road Without a Warrant? Perfectly Legal, Prosecutors Argue
  • Ars Technica, Oct. 3, 2014: The “he said, she said” of how the FBI found Silk Road’s servers Lawyer for accused drug website mastermind says FBI explanation is "implausible."
  • TechCrunch, Oct. 2, 2014: Expert Witness For Silk Road Suggests FBI lied About How They Accessed Back-End Servers




Speaking Engagements


  • National Business Institute, How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out) (upcoming June, 2017)
  • Nassau County Criminal Courts Bar Association, Practice Points: Tackling the Technology Issues in State and Federal Criminal Cases (Feb. 2017)
  • Hackers on Planet Earth Conference (HOPE XI), New York City, Panel Discussion on Defending Silk Road (July 2016); (video link)
  • National Association of Criminal Defense Lawyers, West Coast White Collar Confernece -- San Diego, Cybercrime Panel (June 2016)
  • NY State Association of Criminal Defense Lawyers, Defending Technolgically Complex Cases, (Oct. 2015)
  • New York County Lawyers' Association, The Ins and Outs of Cybercrime, (Oct. 2015)
  • CLE, New York City Criminal Bar Association: How to Dissect a Hard Drive of Discovery in a Criminal Case (March 2014) ( Video Link Here)
  • Presentation to the NYC Python Meetup Group on the DMCA anti-circumvention provisions and copyrights in computer software. (Oct. 10, 2013) (Video Link Here)




Publications


  • National Association of Criminal Defense Lawyers, The Champion: Defending the 21st Century Case: You Don't Know What you Don't Know, August 2015. (Available Here)




Representative Matters


  • Commonwealth v. I-Dean F. – Court of Common Pleas, Philadelphia, PA – Total acquittal on Third Degree Murder and related weapons charges. Mr. Horowitz was retained as co-counsel to focus specifically on cell phone forensic and call detail record (CDR) data critical to the prosecution’s case. Mr. Horowitz’s focused cross-examination of the prosecution’s cell phone expert witnesses highlighted exculpatory information buried in thousands of pages of Call Detail Records and undermined the reliability of the prosecution’s cell phone forensic evidence.

    Through Mr. Horowitz’s meticulous analysis of call detail records and cell phone forensic data, his cross-examination at trial demonstrated that the Police Department’s failure to follow basic principles of forensic cell phone acquisition and analysis resulted in unreliable data, forcing a prosecution expert witness to admit on cross-examination that “the contents of the [text message database file] was modified sometime after the cell phone was taken into police custody.”

    The Jury acquitted on all counts, including Murder in the Third Degree.

  • In United States v. Noor Salman, Josh served as a defense technical expert / consultant in a high stakes federal criminal trial in the Middle District of Florida. On the top count in the indictment Ms. Salman was facing the possibility of life imprisonment, if convicted. Based on an extensive review of computer forensic evidence, Josh worked with trial counsel to formulate a winning trial strategy as to the Government’s technical proof. He was called to testify as an expert witness in cybersecurity and forensics and provided compelling expert testimony which led to the acquittal of Ms. Salman on all charges.

  • In the Silk Road case (United States v. Ulbricht, S.D.N.Y.), Josh was brought in as co-counsel in the most technologically complex criminal trial in the United States at that time. He submitted an 18-page declaration undermining technical assertions made by the FBI regarding their discovery of computer server hosted as a Tor Hidden Service located in Iceland. His work received worldwide recognition in Forbes, Wired, TechCrunch, Ars Technica and other publications, establishing him as a top technology litigator and can be read here: Declaration of Joshua J. Horowitz, Esq., Filed in the SDNY 10-1-2014

  • In United States v. Calovskis, (S.D.N.Y.) Josh served as co-counsel in the representation of an individual who was extradited to the United States from Latvia for his alleged involvement in an international bank hacking conspiracy. According to the Department of Justice, the individual was facing up to 67 years in prison on the charges in the federal indictment. After a negotiated plea, the individual received a sentence of time-served in the Southern District of New York after having spent approximately 20 months in custody.
  • Served as co-counsel in representation of individual charged in connection with alleged creation of the Blackshades computer virus which infected over 500,000 computers worldwide.

  • Counseled client in connection with investigation conducted by the Internet Bureau of the New York State Attorney General's Office into the use of computer software in the entertainment industry.

  • Represented individual in connection with proceeding in which potentially identifying information was sought from a Google account.

  • Served as co-counsel in matter obtaining dismissal of all charges in New York State case involving alleged possession of illicit pornography.

  • Served as co-counsel in narcotics conspiracy case in the Southern District of New York involving the alleged distribution of kilogram quantities of cocaine. Mistrial declared after jurors were deadlocked 8 to 4 in favor of acquittal.

  • Successfully represented individual in obtaining identifying information from a Google account in connection with an anonymous threatening e-mail.




Education


  • J.D., Ohio Northern University, Pettit College of Law
  • B.A., University of Rochester




Languages


  • Portuguese (highly proficient)
  • Spanish (highly proficient)
  • Hungarian (fluent)
  • Hebrew (working proficiency)
  • Mandarin Chinese (conversational)




Bar Admissions


  • New York
  • New Jersey
  • Southern District of New York (S.D.N.Y.)
  • Eastern District of New York (E.D.N.Y.)
  • United States Court of Appeals for the 2nd Circuit
  • District of New Jersey




Professional Affiliations


  • National Association of Criminal Defense Lawyers (NACDL)





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