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Benjamin I. Rubinstein

Fax +1.973.848.4001
Benjamin Rubinstein’s practice focuses on complex commercial matters in New York and New Jersey. Mr. Rubinstein represents clients in a broad range of disputes, including those concerning real estate, healthcare, insurance coverage, financial services , and environmental issues in federal, state, and alternative dispute resolution forums. Mr. Rubinstein’s experience includes working to resolve disputes in bankruptcy proceedings, including the largest bankruptcy in American history. Mr. Rubinstein also negotiates and evaluates real estate transactions on behalf of clients in a diverse array of industries.

Mr. Rubinstein works with clients at all stages of the dispute and negotiation process, from case evaluation to settlement negotiation, and serves as local and consulting counsel on matters of New York and New Jersey law for clients based elsewhere. He also evaluates pending and recently passed legislative and administrative actions and the impact of such actions.

Professional Background

Prior to joining the firm, Mr. Rubinstein worked at a national law firm in New York as a litigation associate.


  • Executive Articles Editor, Georgetown Journal on Poverty Law and Policy
  • Georgetown University Law Center Federal Legislation Clinic (work included evaluation of the Americans with Disabilities Act Amendment Act of 2008)

Professional/Civic Activities

  • President of New York City residential cooperative building with over 50 units
  • Active with the local Tufts University Alumni Community

Real Estate Litigation

  • Representation of Fortune 500 company in real estate disputes in New York City and New Jersey. Outcomes include successfully obtaining temporary injunctive relief and favorable pre- and post-litigation settlement.
  • Representation of a major outdoor retailer in multi-party litigation concerning retail space in a top New York City shopping district.
  • Representation of national healthcare REIT in commercial tenancy disputes.
  • Representation of national cell tower operator in commercial lease disputes.
  • Representation of significant quarry and asphalt company in defending against complex environmental claims, including CERCLA and New Jersey Spill Act Claims.
  • Representation long-term leaseholder in determining how to alter the usage of lands held in the public trust.
  • Representation of artist seeking to retain possession of improved multi-million dollar studio space in the city at trial and in subsequent complex settlement negotiations.
  • Representation of high-end residential cooperative boards in various dispute matters.

Commercial Disputes
  • Representation of healthcare company in dispute regarding convertible debenture.
  • Representation of hedge fund in FINRA arbitration concerning the untimely execution of trades.
  • Representation of a telecommunications firm in prosecuting antitrust counterclaims and defending against intellectual property, contract, and tort claims, including successfully briefing FRCP 50 motion dismissing plaintiff’s fraud claims after several weeks of trial.
  • Representation of financial institution in successful motion for summary judgment claim for over $200 million based on a complex foreign exchange derivatives transaction conducted pursuant to an ISDA agreement.
  • Representation of foreign financial institution in defense of complex litigation involving claims of fraud and breach of fiduciary duty, ultimately consummating a favorable settlement prior to trial.
  • Representation of financial institution in several different litigations concerning transactions allegedly conducted through a bankrupt entity.  

Insurance Coverage
  • Representation of project developer in disputes regarding insurance coverage at a $1 billion, mixed-use construction project in Queens, New York.
  • Representation of major financial institution regarding insurance claims related to Superstorm Sandy.
  • Representation of hauler, successfully obtaining insurance coverage in union dispute following customer’s bankruptcy.
  • Representation of major entertainment company in various insurance coverage concerns, including claims related to event cancellations