Benjamin E. Rosenberg


Benjamin E. Rosenberg


New York | Three Bryant Park, 1095 Avenue of the Americas, New York, NY, United States of America 10036-6797
+1 212 698 3622 | +1 212 698 3599



Benjamin E. Rosenberg represents clients in complex criminal, civil, and administrative proceedings, typically involving securities, commodities, or other financial instruments.

Mr. Rosenberg joined Dechert as a partner in 2005 with a group of lawyers from Swidler Berlin Shereff Friedman. He has focused his practice on white collar criminal defense and securities litigation, with a specific emphasis on defending executives and corporations in connection with governmental investigations, and proceedings of federal grand juries and offices of the United States Attorney, the Securities and Exchange Commission, the Attorney General of New York, and the New York District Attorney. He has appeared in federal and state appellate and trial courts, and before administrative tribunals, in civil, regulatory, and criminal matters. His clients came from the fields of investment banking, mutual fund management, private equity investing (principally hedge funds), commodities trading, stock lending, industrial manufacturing, academia, music recording, radio broadcasting, and pollution control, among others. In 2013, he was ranked by The Legal 500 U.S. for his white-collar criminal defense practice, and was recognized by The International Who’s Who of Business Crime Defence Lawyers. In the same year, he was a member of the Dechert litigation team recognized as part of the Financial Times’ 2013 Top U.S. Innovative Law Firms for their “standout” work acting as lead counsel for an ad hoc group of creditors in connection with the highly contested cross-border restructuring of approximately US$1.6 billion in defaulted senior notes issued by Mexico's largest glass manufacturer, Vitro S.A.B. de C.V.

Mr. Rosenberg twice left Dechert to serve in government. He took an eighteen-month leave of absence from Dechert beginning in 2007 to serve as the Chief Litigation Counsel of the New York State Attorney General. He was in charge of the Office’s most high-profile investigation, and led the AG’s team investigating unlawful student lending practices. He also represented the Office in successfully defending the constitutionality of New York’s lis pendens statute. From 2014 through 2016, Mr. Rosenberg served as the General Counsel to the Manhattan District Attorney, where he represented the District Attorney in both trial-level and appellate courts, and was deeply involved in the District Attorney’s cyber-related initiatives, as well as his forfeiture and conviction integrity programs. He had also served the public prior to joining Dechert. Following graduation from law school, in 1985-86, he clerked for the Honorable Judge Edward R. Becker of the United States Court of Appeals for the Third Circuit, and from 1990 to 1994 he was an Assistant United States 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.

Mr. Rosenberg was twice nominated (in 2015 and 2016) to serve on New York’s Court of Appeals.

He 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. Several of the articles have been cited in federal and state courts.

Mr. Rosenberg teaches as a Lecturer in Law at Columbia Law School, and as a Lecturer in American Studies at Columbia University.

  • Representation of People in challenge to certain search warrants seeking electronically-stored information (In re Search Warrants Directed to Facebook, Inc. Dated July 23, 2013, 132 A.D. 3d 11 (1st Dep’t 2015)).
  • Representation of defendant in habeas corpus action challenging constitutionality of Virginia anti-sodomy statute (MacDonald v. Moose, 710 F.3d 154 (4th Cir. 2013)).
  • Representation of creditors in bankruptcy court in connection with the highly contested restructuring of approximately US$1.6 billion in defaulted senior notes. (Ad Hoc Group of Vitro Noteholders v. Vitro, 701 F.3d 1031 (5th Cir. 2012)).
  • Representation of the State of New York in an action challenging the constitutionality of the state’s lis pendens statute (Diaz v. Patterson, 547 F.3d 88 (2d Cir. 2008)).
  • Representation of Jon Corzine in connection with congressional, civil and administrative proceedings arising out of the bankruptcy of MF Global (2012-13).
  • 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. (In re Axis Capital Holdings, Ltd., Litig., 456 F. Supp. 2d 576 (S.D.N.Y. 2006)).
  • Representation of a Chief Financial Officer of a major food distributor 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 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 a Harvard professor in a case brought by the United States involving allegations of fraud, breach of contract and violations of the federal False Claims Act.
  • 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
  • New York
  • 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 Eastern District of New York
  • United States District Court for the Northern District of New York
  • United States District Court for the Southern District of New York
  • United States Court of Appeals for the Third Circuit, Honorable Edward R. Becker
Speaking Engagements
  • CDLI: Electronic Information in Criminal Cases — Cardozo Data Law Initiative, Benjamin N. Cardozo School of Law, New York (February 28, 2017)
  • Policing and Accountability in the Digital Age, New York, NY (September 15, 2016)
  • New York State Bar Association Committee on White Collar Criminal Litigation, New York, NY (May 17, 2016)
  • New Models for Prosecutorial Responsibility, New York, NY (April 21, 2016)
  • Fair Trial/Free Press: From Both Sides of the Bench, New York, NY (January 26, 2016)
  • White Collar Crime 2015: Prosecutors and Regulators Speak, New York, NY (October 5, 2015)
  • Criminal Discovery, New York, NY (September 19, 2015)
  • Policing Technology in New York City: Privacy, Law and the Future, New York, NY (June 23, 2015)
  • America's Prisons: Cruel and Unusual Punishment, New York, NY (October 14, 2014)
  • White Collar Crime 2014: Prosecutors and Regulators Speak, New York, NY (September 24, 2014)
  • ABA Criminal Justice Section: The Encryption Debate, New York, NY (June 3, 2013)
  • Federated Press, Third Bribery and Foreign Corruption Course (December 1, 2010)
  • Securities Industry and Financial Markets Association (May 1, 2010)
  • The UK Bribery Bill in the Context of Global Measures to Deter Corruption — British-American Business Council Conference 2010, London (April 27, 2010)
  • National Association of College and University Attorneys (November 1, 2009)
  • Privilege and Work Product in Internal Investigations and Corporate Fraud Actions — NYSBA Annual Meeting 2009, New York, NY (January 27, 2009)