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P. Benjamin Duke

Senior Counsel

New York +1 212 841 1072

  • About
  • Representative Matters
  • Credentials
  • About

    Ben Duke advises and advocates for insurance policyholders in a broad range of complex litigation, arbitration and other matters involving all types of insurance, from general liability to D&O, professional liability, fidelity bond, and other specialized coverages.

    Ben has helped obtain significant insurance recoveries on behalf of clients in many industries, including the financial services, technology, energy, and pharmaceutical industries. He is currently handling major coverage litigation in New York courts and has nationwide experience litigating in state and federal courts and in numerous arbitration forums. As co-lead trial and appellate litigation counsel, Ben recently helped a major technology company recover over $150 million in coverage for a massive government-mandated environmental remediation in Wisconsin’s Fox River.

    Complementing his insurance recovery expertise, Ben also 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 massive “Ponzi” scheme, and he has represented securities issuers in litigation and investigations involving complex financial instruments and transactions.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Represent futures commission merchant in $140 million fidelity bond litigation arising from illegal employee trading.
    • Counsel for major integrated oil company in asbestos coverage litigation.
    • 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.
    • 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.

    Areas of Expertise

  • Credentials
    Education
    • Columbia Law School, J.D., 1993
        • Columbia Law Review, Executive Articles Editor
        • James Kent Scholar
    • University of Oxford, M.A., 1987
    • Williams College, B.A., 1985
        • magna cum laude
        • Phi Beta Kappa
    Bar Admissions
    • New York
    • U.S. Supreme Court
    • U.S. Court of Appeals for the Second Circuit
    • U.S. Court of Appeals for the Third Circuit
    • U.S. District Court, Southern District of New York
    • U.S. District Court, Eastern District of New York
    • U.S. District Court, Eastern District of Wisconsin
    • U.S. District Court, Western District of Tennessee
    Judicial Clerkship
    • Hon. Amalya L. Kearse, U.S. Court of Appeals, Second Circuit, 1994 - 1995
    • Hon. Carol Amon, U.S. District Court, Eastern District of New York, 1993 - 1994
    Pro Bono
    • Obtained reversal by Florida Supreme Court of death-row inmate’s convictions and sentence based on ineffective assistance of trial counsel (2000-2007).
    • Representing Tennessee inmate in federal habeas proceedings challenging gang-related murder conviction and death sentence.
    • The Bronx Defenders, partner liaison (2003-present).
    Accolades
    • New York Super Lawyers, Insurance Coverage and Business Litigation (2013, 2014, 2015, 2016, 2017)
    • Benchmark Litigation: The Guide to America’s Leading Litigation Firms and Attorneys - Future Litigation Star, NY (2012-2014)
    • Legal 500 US, Insurance: Advice to Policyholders (2015-2017)
    Memberships and Affiliations
    • Board of Directors, The Bronx Defenders
    • New York City Bar Association
    • RIMS (Risk & Insurance Management Society)
    • Fellow, Litigation Counsel of America
    • National Institute of Trial Advocacy, Faculty

    Areas of Expertise

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