Benjamin E. Rosenberg is co-chair of Dechert’s White Collar and Securities Litigation practice and defends individuals and corporations in connection with governmental investigations and proceedings of federal grand juries, offices of the U.S. Attorney, the Securities and Exchange Commission (SEC), the Attorney General of New York, and the New York District Attorney.
From 1990 to 1994, he was an assistant U.S attorney in the criminal division in the Southern District of New York, where he tried and investigated cases involving narcotics trafficking, identification theft, perjury and obstruction of justice, and gang violence. From March 2007 to July 2008, Mr. Rosenberg took a leave of absence from Dechert to serve as chief trial counsel for the New York State Attorney General, where he was lead counsel responsible for some of the largest investigations and litigations in the Attorney General's Office. For his work in the office, he was awarded the New York State Attorney General's Award.
Mr. Rosenberg appears regularly in federal and state trial and appellate courts on both civil and criminal matters. His clients have come from the fields of investment banking, insurance, mutual fund management, private equity investing (principally hedge funds), industrial manufacturing, academia, radio broadcasting, and pollution control, among others.
Significant Representations
- Representation of plaintiff in the case of People of the State of New York v. Grasso, et al.
- Representation of the State of New York in an action challenging the constitutionality of the state's lis pendens statute
- Special prosecutor in the case People v. Martin Tankleff, a 20 year-old, high-profile murder investigation
- Representation of Axis Insurance Corporation and several of its top-ranking executives in a securities class action brought against it in federal district court for the Southern District of New York. The case ended in a dismissal of all claims against the clients
- Representation of Michael Resnick, former Chief Financial Officer of U.S. Foodservice, Inc. in a criminal securities fraud investigation out of the Southern District of New York, as well as a parallel SEC investigation and a class action lawsuit
- Representation of two employees of New York City in an investigation by the United States Attorney for the Southern District of New York into alleged wrongdoing in connection with waste management and sewage treatment and disposal
- Representation of Harvard professor Andrei Shleifer in a case brought by the United States involving allegations of fraud, breach of contract and violations of the federal False Claims Act
- Representation of AIG in numerous lawsuits by individuals alleging causes of action arising out of their investments in tax shelters
Education
Harvard University, A.B., 1981, Magna cum laude
Harvard Law School, J.D., 1985, Magna cum laude, Editor and Treasurer of the Harvard Law Review
Court Admissions
Supreme Court of the United States
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Sixth Circuit
United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York
United States District Court for the Northern District of New York
Bar Admissions/Qualifications
New York
Clerkships
Honorable Edward R. Becker, United States Court of Appeals for the Third Circuit
Publications and Lectures
Mr. Rosenberg has written extensively, including articles about grand jury practice, conspiracy law, discovery under the Federal Rules of Criminal Procedure, petit jury instructions, sentencing matters, and harm and loss calculations in financial cases. His articles have appeared in, among other places, the
Harvard Law Review, where he served as Editor and Treasurer, the
California Law Review, the
American Criminal Law Review and the
American Journal of Criminal Law. Several of Mr. Rosenberg's articles have been cited in federal and state courts. Mr. Rosenberg also teaches as a Lecturer-In-Law at Columbia Law School.