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With 17 offices, from New York to Los Angeles and Seattle to Orlando, we live and work in communities all over the U.S., collaborating across locations, disciplines and even borders. Our experienced, highly ranked lawyers serve businesses wherever they are and wherever they want to go.

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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

Antitrust Advocate

Robinson-Patman Revival or Lame Duck Hail Mary? FTC Brings First Price Discrimination Case in Decades

Master Class in Labor Relations and Employment Law

Class Action Defense 2024 Year in Review Webinar

Statement by BakerHostetler Chair Paul Schmidt on Passing of Partner David Rivkin, Jr.

Benjamin's product liability experience includes the defense of actions involving prescription and over-the-counter drugs as well as industrial and manufacturing equipment. He has also advised foreign-based manufacturers and retailers on risk avoidance strategies relating to their distribution and sale of products in the U.S.

core/freeform

J.D., Georgetown University Law Center, 1999

B.A., University of Michigan, 1995

<ul>
<li>The Legal 500 United States (2019)
<ul>
<li>Recommended in Real Estate &#8211; Construction (including construction litigation)</li>
</ul>
</li>
<li>Euromoney Legal Media Group Expert Guides
<ul>
<li>Litigation (2016 to 2021)</li>
<li>Product Liability (2016 to 2021)</li>
<li>Life Sciences (2019 to 2021)</li>
</ul>
</li>
<li>Fellow, Construction Lawyers Society of America (2023 to present)</li>
</ul>

New York

BakerHostetler Attorneys Make Significant Gains in The Legal 500 Annual Guide

Bloomberg’s article “Madoff Victims to Get $322 Million in Trustee Payout” acknowledges BakerHostetler attorneys at announcement of fifth distribution plans

CNBC reports on BakerHostetler and the Madoff Recovery Initiative in article Madoff Recoveries Top $10 Billion With New Settlement, “… an amount virtually no one thought possible”

The Associated Press reports on BakerHostetler and the Madoff Recovery Initiative recoveries of $10.5 billion

BakerHostetler talks with USA Today about the SIPA Trustee’s fourth pro rata interim distribution; states Madoff Recovery Initiative nears $6 billion in distributions to allowed claimants

BakerHostetler’s settlement with JPMorgan Chase and the ongoing Madoff Recovery Initiative Discussed on National Public Radio’s All Things Considered

BakerHostetler appears on NPR’s All Things Considered to discuss Madoff Recovery Initiative; host Robert Siegel interviews SIPA Trustee Irving Picard and his Chief Counsel David Sheehan

Madoff Recovery Initiative surpasses $5 billion in distributions to allowed claimants; CNBC’s Scott Cohn discusses latest recovery with BakerHostetler’s SIPA Trustee Irving Picard and his Chief Counsel David Sheehan

Madoff Recovery Initiative Marks Fourth Anniversary … Moves into Fifth Year Still Building Recovery Momentum

BakerHostetler’s work recovering more than half of the losses in the Madoff Ponzi scheme featured on WNYC in interview on The Brian Lehrer Show

Press Release: Second Interim Distribution of Recovered Funds to Madoff Claim Holders

Press Release: United States Supreme Court Denies Certiorari, Upholding Net Equity Decision in BLMIS Liquidation

The Wall Street Journal showcases BakerHostetler and the “unprecedented magnitude” of the global recovery efforts in article “The Madoff Liquidation, Three Years Later”

Press Release: Initial Interim Distribution of Recovered Funds to Madoff Claims Holders

The New York Times reports on BakerHostetler’s negotiation and settlement with the Picower Estate for $5 billion in the SIPA liquidation of Bernard L. Madoff Investment Securities LLC

Commercial Litigation

Construction

Class Action Defense

Product Liability and Toxic Tort

Litigation

White Collar, Investigations and Securities Enforcement and Litigation

Class Action Defense – Consumer – False Advertising

Web3 and Digital Assets

<ul>
<li>Represented a cable television network in a contractual dispute over sports telecasting rights in the Southern District of New York.</li>
<li>Represented a pharmaceutical company in a series of individual and class action product liability cases pending in numerous state and federal courts across the country, including Florida, Pennsylvania, Kentucky and West Virginia.</li>
<li>Successfully argued an appeal in the United States Court of Appeals for the Tenth Circuit, resulting in the published decision Symes v. Harris, 472 F. 3d 754.</li>
<li>Represented the lead lender of a bank syndicate in federal district court and appellate litigation involving the construction of a waste-to-energy plant in North Carolina.</li>
<li>Represented a European-based engineering firm in an International Chamber of Commerce proceeding involving defective gas turbine components designed for use in a power generation facility in Saudi Arabia.</li>
<li>Represented a national hospitality company in breach of fiduciary duty litigation against one of its former directors in the Southern District of New York.</li>
<li>Represented a large New York-area contractor in litigation involving construction at JFK International Airport.</li>
<li>Represented Denver-area newspapers in their efforts to gain access to documents and testimony relating to the Columbine tragedy.</li>
<li>Represented a leading auto insurance provider in class actions brought in California and Texas.</li>
<li>Represented a leading technology company in a securities fraud and breach of warranty action arising out of a private placement in the Southern District of New York.</li>
<li>Represented a global telecommunications company in trademark and unfair competition actions in New Jersey and Massachusetts.</li>
<li>Represented a major insurance company in actions to protect its trade secrets and customer files in the Eastern District of New York.</li>
<li>Represented a leading valuation firm in an investigation conducted by the Securities and Exchange Commission.</li>
<li>Represented an electrical power wholesaler in a dispute over alleged regulatory violations in the Eastern District of New York.</li>
<li>Member of the team representing the trustee for the liquidation of Bernard L. Madoff Investment Securities LLC.</li>
</ul>

Benjamin D. Pergament

Benjamin D. Pergament

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