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Benjamin I. Rubinstein

Counsel
+1.973.848.4140
Fax +1.973.848.4001
Benjamin Rubinstein’s practice focuses on complex commercial matters in New York and New Jersey, with significant experience in real estate litigation, as well as disputes relating to financial services, healthcare, insurance coverage, and environmental issues, both in federal, state, and alternative dispute resolution forums. Mr. Rubinstein acts as both lead counsel and local counsel when prosecuting and defending disputes in local forums.

Mr. Rubinstein also provides guidance and assists clients in real estate transaction negotiations for a diverse array of industries, including, but not limited to, real estate finance, acquisition and leasing transactions.

Professional Background

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

Achievements

  • Executive Articles Editor, Georgetown Journal on Poverty Law and Policy
  • Georgetown University Law Center Federal Legislation Clinic provided background and legal work on behalf of the advocacy community for the legislation that became the Americans with Disabilities Act Amendment Act of 2008)

Professional/Civic Activities

  • Board member (and former president) of New York City residential cooperative building with over 50 units
  • Active with the local Tufts University Alumni Community
Pro Bono
Mr. Rubinstein works with the non-profit Kids in Need of Defense (KIND) to provide pro-bono representation of unaccompanied minors in immigration proceedings and related state court proceedings.
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 national owner of commercial and multifamily properties in various disputes with lessees, property vendors, and property purchasers.
  • 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 special servicer (as attorney-in-fact for lender) in multi-million dollar contested foreclosure.
  • Representation of national cell tower operator in commercial lease disputes.
  • Representation of holder of distressed notes and commercial mortgages in workouts and foreclosure litigation, including related bankruptcy proceedings.
  • Representation of significant quarry and asphalt company in defending against complex environmental claims, including CERCLA and New Jersey Spill Act Claims.
  • Representation of various national and international companies in the resolution of commercial lease disputes.
  • Representation of multistate authority in contested New Jersey condemnation action.
Commercial Disputes
  • Representation of healthcare company in dispute regarding convertible debenture.
  • Representation of lender in arbitration concerning the nonpayment of promissory notes.
  • Representation of physician in dispute with professional partner and arbitration concerning separation of the two professionals and accounting for significant clinical studies.
  • Representation of minority shareholder seeking significant damages at law and equitable remedies in dispute with majority stockholders of multinational, New Jersey-based drug safety and regulatory business.
  • 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.
Transactions
  • Representation of commercial property owner in reviewing mortgage as security for significant initial financing and subsequent refinancing.
  • Representation of New Jersey real estate developer in Hudson County rezoning matter.
  • Representation of owner of high-end yoga studio in debt-financed buyout of partner and leasing of new space.
  • Representation of New Jersey developer in acquisition of several affordable housing properties in Newark, New Jersey, including negotiations with counterparty, lenders, and regulators in connection with same.
  • Representation of commercial tenant in subleasing of prime downtown space in Morris County, New Jersey.
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.