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P. Benjamin Duke

Senior Counsel

New York +1 212 841 1072

  • About
  • Representative Matters
  • Credentials
  • About

    Ben Duke represents insurance 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, fidelity bond, rep-and-warranty and other specialized coverages. Ben has helped clients in the financial services, technology, pharmaceutical and other industries recover hundreds of millions of dollars in insurance for a wide range of third-party liabilities and first-party losses.  

    Ben is a versatile trial advocate with extensive experience in federal and state courts and arbitration forums. In addition to insurance coverage matters, he has served as lead trial counsel on behalf of financial institutions defending major securities-related claims and other claims involving complex financial instruments and transactions. 

    In recent years, Ben has devoted thousands of pro bono hours to major voting rights and redistricting litigation and other advocacy in support of voting rights, election integrity, and the rule of law. He has filed numerous pro bono amicus briefs in cases before the United States Supreme Court and the highest state courts, including Trump v. United States, 603 U.S. -- (2024), and Hoffman v. Independent Redistricting Comm’n, 41 N.Y.3d 341 (2023). In 2021-22, Ben led a pro bono trial team challenging Florida voter-suppression legislation enacted in the wake of the 2020 election. In 2018-19, Ben co-led a trial team in Kravitz v. US Dept. of Commerce, 382 F.Supp.3d 545 (2019), winning a permanent injunction prohibiting the inclusion of a citizenship question on the 2020 US Census questionnaire.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters

    Insurance Coverage and Other Commercial Disputes:

    • Successful representation of large futures commission merchant in $140 million fidelity bond litigation arising from employee’s illegal trading loss.
    • Successful settlement of major rep-and-warranty insurance claim based on acquired company over-valuation, on behalf of private equity firm.
    • Special insurance coverage counsel for Chapter 11 Trustee in bankruptcy proceedings involving multi-billion dollar liquidation of multinational commodities firm.
    • Insurance recovery of over $150 million on behalf of major manufacturer liable for clean-up of PCB contamination in a major river system.
    • Successful defense and trial of numerous related cases and arbitrations for major broker-dealer arising from former employee broker’s Ponzi scheme.
    • Tried and won complete dismissals of multiple related “mass action” arbitrations against leading securities clearing firm.

    Pro Bono:

    • Amicus Briefs in Trump v. United States, 603 U.S. – (2024), and Wisconsin Elections Comm’n v. LeMahieu, 2024 AP 351 (2024), on behalf of business leaders organization.
    • Amicus Briefs in Hoffman v. Independent Redistricting Comm’n, 41 N.Y.3d 341 (2023), on behalf of individual New York voters.
    • Litigation and trial of Voting Rights Act and constitutional challenge to post-2020 Florida voting statute, on behalf of civil rights organizations.
    • Co-led trial team in Kravitz v. U.S. Dept. of Commerce, 382 F.Supp.3d 545 (2019), resulting in permanent injunction against addition of citizenship question in 2020 US Census. 
    • Obtained reversal by Florida Supreme Court of death-row inmate’s convictions and sentence based on ineffective assistance of trial counsel (2000-2007).

    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
    • Thurgood Marshall Award, New York City Bar Association, 2008
    • Covington Pro Bono Team of the Year (2022, 2019); Charles F.C. Ruff Pro Bono Lawyer of the Year (2007)
    • Pro Bono Award, Legal Aid Society (2016)
    • Pro Bono Society, New York City Bar Association
    Accolades
    • New York Super Lawyers, Insurance Coverage and Business Litigation (2013–2024)
    • Legal 500 US, Insurance: Advice to Policyholders (2015-2017)
    • Benchmark Litigation: The Guide to America’s Leading Litigation Firms and Attorneys - Future Litigation Star, NY (2012-2014)
    • Who’s Who in America (2024)
    Memberships and Affiliations
    • Sustaining Life Fellow, American Bar Foundation
    • The Bronx Defenders, Board of Directors (Treasurer, Governance Chair)
    • Senior Fellow, Litigation Counsel of America
    • National Institute of Trial Advocacy, Trial Practice Faculty

    Areas of Expertise

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