P. Benjamin 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.
Mr. Duke 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, Mr. Duke 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, Mr. Duke 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.
- Columbia Law School, J.D., 1993
- University of Oxford, M.A., 1987
- Williams College, B.A., 1985
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
Representative Matters :
- Represent futures commission merchant in $140 million fidelity bond litigation arising from illegal employee trading.
- 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.
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).
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
Rate : $$$