P. Benjamin Duke

Ben Duke is a litigation partner and a member of the Insurance Practice Group, resident in the New York office.  He represents policyholders in a broad range of complex litigation, arbitration and advisory matters involving all types of insurance, from general liability to D&O, professional liability, and other specialized coverages.

Mr. Duke has broad experience litigating both in state and federal courts and in numerous arbitration forums.  He has recently served as co-lead trial and appellate counsel for a major technology company in insurance coverage litigation arising from a massive government-mandated environmental remediation.  He has advised and helped obtain significant insurance recoveries on behalf of clients in many industries, including the financial services, technology, energy and pharmaceutical industries.

In addition to his insurance recovery experience, Mr. Duke has extensive trial experience representing financial institutions in the defense of securities-related claims and other financial disputes.  He was lead trial and appellate counsel in multiple federal cases and arbitrations arising from a $150 million “Ponzi” scheme, and represented securities issuers in litigation and investigations involving complex financial instruments and transactions.

Representative Matters

• Special insurance coverage counsel for Chapter 11 Trustee in bankruptcy proceedings involving multi-billion dollar liquidation of multinational commodities firm.
• Counsel for major technology manufacturing company in litigation against multiple insurance companies, for coverage of historical PCB contamination of a major river system.
• Counsel for major integrated oil company in asbestos coverage litigation.
• 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.

Honors and Rankings

• Benchmark Litigation: The Guide to America’s Leading Litigation Firms and Attorneys - Future Litigation Star, NY (2012, 2013)
• 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

• "Electronic Discovery in Insurance Coverage Litigation," 2012 Emerging Issues 6867 (12/31/2012), Co-Author
• "The Convergence of New York State and Federal Law on Electronic Evidence," New Developments in Evidentiary Law in New York (2012), Author
• "Introductory Matters in Property Insurance," New Appleman on Insurance Law Library Edition (2011), Co-Author