Benjamin S. Kaminetzky
Ben divides his time between bankruptcy litigation and complex commercial litigation. He represents financial institutions and large corporations in commercial litigation, and represents debtors, major lenders and creditors in the most complex bankruptcies and reorganizations.
One of the nation’s most experienced and accomplished bankruptcy litigators, Ben has “first chaired” high-stakes bankruptcy trials involving leveraged buyouts, labor and pension disputes, mass torts, fraudulent transfers and preferences.
In his commercial practice, Ben has represented multinational and U.S. entities in their most complex federal and state cases and in ICC, AAA and FINRA arbitrations. Ben also regularly counsels C-level executives and boards navigating regulatory scrutiny and litigation exposure.
- Citibank in a contractual dispute in bankruptcy court in St. Louis related to debtor Peabody Coal
- The investment banking division of a multinational bank in an action by the trustee for a bankrupt REIT alleging breach of contract and breach of covenants of good faith and fair dealing in connection with margin calls issued during the financial crisis of 2007
- A major financial institution in actions filed in both federal and state courts by the creditor trustee of a geothermal-energy developer alleging fraudulent transfer and other claims under the Bankruptcy Code and Delaware law relating to a series of securities transactions in March 2008
- Leading banks in multibillion-dollar fraudulent conveyance matters related to the Lyondell, Tribune and Extended Stay leveraged buyouts
- Delta Air Lines, Frontier Airlines, Pinnacle Airlines and Patriot Coal in numerous trials related to collective bargaining agreements, pension termination and/or retiree healthcare
- Forex trading firm, Gain Capital, in a fraudulent conveyance action asserted by the trustee of Ponzi scheme debtor
- A major financial institution and Welsh, Carson, Anderson & Stowe in various complex preference and fraudulent conveyance litigations
- Major lenders and creditors, including JPMorgan Chase, Citi, Morgan Stanley, Bank Leumi, Emerson, Ford, Welsh, Carson, Anderson & Stowe and Bertelsmann, in numerous bankruptcies and restructurings, including Lehman, Delphi, Lyondell, Tribune, Capmark, Conseco, Polaroid, Enron, Cedar Chemical, Level 3 Communications, Pameco, Key3Media, Bridge Information Systems and Napster
Complex Commercial Litigation
- A Korean broker-dealer in an arbitration with a Chinese broker-dealer relating to the alleged misappropriation of trade secrets and unfair competition
- Bank Leumi in a derivative and double derivative suit filed in New York Supreme Court alleging breaches of fiduciary duties by the directors and officers of the bank for failure to prevent widespread evasion of U.S. taxes by its customers
- Morgan Stanley in a billion-dollar dispute related to a Latin American submarine cable network; won dismissal of claims in New York Court of Appeals
- Online travel site in dispute with industry participants
- A newspaper in a preliminary injunction hearing in Minnesota State Court related to non-compete agreements and the alleged misappropriation of trade secrets
- cum laude
- Senior Articles Editor and Writing Competition Chairman, New York University Annual Survey of American Law
- summa cum laude
- Partner, 2003-present
- Associate, 1995-2003