P. Benjamin Duke

Ben Duke concentrates his practice on complex litigation and arbitration, particularly in cases involving insurance recovery on behalf of policyholders.  He has extensive trial experience in a range of matters, including the defense of securities-related claims and other financial disputes.

Mr. Duke has broad experience litigating both in state and federal courts and in numerous arbitration forums.  Most recently, he has served as co-lead trial counsel for a major technology company in insurance coverage litigation arising from a massive government-mandated environmental remediation.  Mr. Duke has also successfully tried numerous securities cases on behalf of leading financial-services institutions before industry arbitration panels.  He was lead trial and appellate counsel in multiple federal cases and arbitrations arising from a $150 million “Ponzi” scheme, and he has represented securities issuers in litigation and investigations involving complex financial instruments and transactions.

Representative Matters

• Counsel for major technology manufacturing company in litigation against multiple insurance companies, for coverage of historical PCB contamination of a major river system.
• Litigated and co-tried $450 million bondholder dispute on behalf of major energy company.
• Successfully defended and tried numerous related cases and arbitrations for a major broker-dealer arising from a fraudulent scheme conducted by a former employee.
• Tried and won complete dismissals of multiple related “mass action” arbitrations against leading financial services institution arising from provision of securities clearing services to an independent broker-dealer allegedly engaged in fraud.
• Counsel for major private equity firm in arbitration against buyer of privately-held technology company.

Honors and Rankings

• Euromoney, Benchmark: The Guide to America’s Leading Litigation Firms and Attorneys - Future Litigation Star, NY (2010-2011)
• Legal 500 US, Litigation (2008)
• New York Super Lawyer, Securities Litigation (2006-2007)

Pro Bono

• Representation of Florida death-row inmate in overturning convictions and sentence based on ineffective assistance of trial counsel (2000-2007).
• The Bronx Defenders, partner liaison (2003-present).

Memberships and Affiliations

• New York City Bar Association
• Federal Bar Council
• National Institute of Trial Advocacy, Faculty
  

Publications and Speeches

• "Tellabs, Inc. v. Makor Issues & Rights, Ltd.: What Does It Take to Allege a “Strong Inference” of Scienter?," Covington E-Alert (3/26/2007), Co-Author
• "Tellabs, Inc. v. Makor Issues & Rights, Ltd.: A Uniform Test for Pleading Scienter in Securities Fraud Cases," Journal of Investment Compliance (2007), Author