Biography
Biography
Josh is a trusted advisor to his clients. Josh’s clients regularly count on him to litigate and resolve disputes in an efficient and cost-effective manner.
Josh focuses his practice on commercial, real estate, and trust and estate matters. In his commercial and real estate practice, Josh represents clients in breach of contract, partnership/LLC/corporate, tort, and related matters. Josh has a particular focus representing real estate developers, investors, borrowers/lenders, and commercial tenants and landlords. In his trust and estate practice, Josh represents trustees, beneficiaries, and other interested parties in fiduciary and estate administration matters.
Josh became a partner at Kluger Kaplan in January 2015. Prior to joining Kluger Kaplan in May 2011, Josh was an associate with Berger & Montague, P.C. in Philadelphia, where he advised and represented government entities, public pension funds, and other institutional investors in securities litigation matters.
During law school, Josh completed an internship in the legal department of a Latin American investment bank and hedge fund manager based in Miami. Josh also served as a Judicial Intern for the Eleventh Judicial Circuit Court in Miami.
Josh lives in Pinecrest with his wife and their two daughters.
Areas of Practice
Areas of Practice
Representative Matters
Real Estate-Related
- Represented lenders and borrowers in forbearance and foreclosure matters.
- Represented residential condominium developers in disputes with subcontractors, partners, purchasers, and/or third parties.
- Represented commercial landlords and tenants in breach of lease and eviction disputes.
- Represented purchasers and sellers of commercial and residential properties in disputes regarding purchase and sale contracts.
- Represented owners of commercial and residential properties in actions to partition and sell real property.
- Represented property owners and broker in disputes regarding commission owed and/or violations of Chapter 475, Florida Statutes.
- Represented property owners in trespass and encroachment disputes.
- Represented property owners in disputes with contractors and subcontractors regarding work performed and construction liens.
Commercial
- Represented companies in contract and fraud disputes
- Represented companies in disputes regarding operating, partnership, and shareholders’ agreements
- Represented partners/members/shareholders in disputes involving operation and management of partnerships, LLCs, and corporations.
- Represented employees and employers with regard to severance and non-compete agreements.
- Represented private equity fund in action for fraud and breach of contract against portfolio company and principal.
- Represented Ponzi scheme investors in actions brought by bankruptcy trustee and in restitution proceedings administered by the DOJ.
- Represented restaurant chain in disputes with employees, contractors, and vendor.
Trust and Estate
- Represented beneficiary in dispute with trustees regarding breaches of fiduciary duties. Turkish v. Brody, 221 So. 3d 1206 (Fla. 3d DCA 2016)
- Represent beneficiaries against personal representatives in will contest and trust actions. Vasallo v. Bean, 208 So. 3d 188 (Fla. 3d DCA 2016)
- Represented personal representative in undue influence and lack of capacity action against caretaker for conversion of assets.
- Represented interested parties in will contest seeking to invalidate estate plans.
- Represented trustee regarding allegations of undue influence and settlor’s lack of capacity.
- Represented beneficiary in actions against trustees for breach of fiduciary.
- Represented interested parties in incapacity and guardianship proceedings.
- Represented personal representatives and interested parties in estate administration proceedings.
Securities
- Represented investors in various arbitrations before the Financial Industry Regulatory Authority (FINRA) and the International Centre for Dispute Resolution (ICDR) alleging unsuitability, fraud, and other mismanagement. Awarded treble damages following two-week hearing in Wechsler v. Isdith, et al., 2012 WL 4847056 (Oct. 4, 2012), FINRA Case No. 10-04291.
- Represented hedge fund in class action alleging securities laws violations arising out of sale of collateralized debt obligations tied to residential mortgage-backed securities. Dodona I, LLC v. Goldman, Sachs & Co., et al., 847 F. Supp. 2d 624 (S.D.N.Y. 2012).*
- Represented pension funds in actions against Merrill Lynch, Citigroup, and Lehman Brothers related to subprime mortgage-related assets and disclosures.*
*Representation was handled prior to joining Kluger Kaplan.
Education
Education
- University of Miami School of Law, J.D., magna cum laude, 2008
- Emory University, Goizueta Business School, B.B.A., concentrations in Finance and Organization and Management, 2005
Bar Admissions and Memberships
Bar Admissions and Memberships
- Florida
- New York
- Pennsylvania
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the Middle District of Florida
- U.S. District Court for the Northern District of Florida
- U.S. District Court for the Eastern District of Pennsylvania
Awards and Publications
Awards and Publications
Awards
- Best Lawyers in America, U.S. News and World Report, Commercial Litigation and Litigation – Trusts and Estates, 2024
- Super Lawyer, Florida Super Lawyers Magazine, 2024
- Rising Star, Florida Super Lawyers Magazine, 2015-2023
- 40 Under 40 Outstanding Lawyers of Miami-Dade County, Cystic Fibrosis Foundation, 2013
- Up & Comer Legal Elite, Florida Trend Magazine, 2013 & 2015
Publications
- South Florida’s Biggest Foreclosures 2024
- Downtown Miami retail condos at 57-story tower set for foreclosure auction
- PMG wins $508K in legal fees for drawn out suit over Muse tower in Sunny Isles Beach
- Brian Tuttle hit with $38M foreclosure on his Main Street mixed-use project in Royal Palm Beach
- Commercial space at Marinablue condo targeted in foreclosure lawsuit
- Retail space at downtown Miami condo targeted in $3.4 million foreclosure
- Palm Beach County development site targeted in $38 million foreclosure
- My Weekday Workout during COVID-19: Tennis Is the Ideal Sport for Social Distancing and Staying Mentally Sharp, Says Kluger Kaplan’s Josh Rubens (November 3, 2020)
- South Florida Developers Win Condo Purchase Fight Over Unit Sizes (March 9, 2020)
- Buyer at Muse sues to get deposits back, alleges he was misled on size of condos (November 30, 2018)
- South Florida company launches searchable condo association database with unique feature (July 8, 2016)
- 3 Ways Developers Can Get Through The S. Fla. Condo Slump (June 24, 2016)
- South Florida condo boards rip off consumers with high application fees (June 3, 2016)
- $1.6 Million in Fees Sought in Drawn-Out Trust Case (March 20, 2015)
- A Torrent of Partner Additions Thanks to Economy (March 2, 2015)
- Kluger Kaplan Silverman Katzen & Levine Promotes Josh Rubens and Richard Segal to Partner (January 12, 2015)
- Law Firms Make Adjustments to Make Most of Millennials (November 4, 2014)
- Grandchildren going to court over real estate trust money (January 27, 2014)
Affiliations and Community Activities
Affiliations and Community Activities
Professional Affiliations
- Real Property, Probate and Trust Law Section of the Florida Bar
- Urban Land Institute Southeast Florida/Caribbean, Miami Young Leaders Group
Noteworthy
- International and Comparative Law Review, Editorial Board Member
- Recipient of the Dean’s Scholarship and the Daniel E. Murray Law Review Scholarship
- The Society of Bar & Gavel
- Member of the Men’s Varsity Tennis Teams at Emory University and Pennsylvania State University
Community Activities
- Israel Bonds/Development Corporation for Israel (Member FINRA), Director
- Israel Bonds National New Leadership Council, National Campaign Advisory Council, and Miami Young Investor Society Council
- AIPAC Miami Club and Real Estate Division
- Greater Miami Jewish Federation Leadership Development Institute
- University of Miami School of Law Young Alumni Committee