Benjamin S. Kaminetzky
Represents clients in complex commercial and bankruptcy litigations in courts across the U.S. Co-head of Israel practice.
Ben divides his time between bankruptcy litigation and complex commercial litigation and is the co-head of our Israel practice.
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. He routinely represents debtors, lenders and creditors in highly complex bankruptcies and reorganizations.
In his commercial practice, Ben has represented clients in their most significant federal and state cases and in ICC, AAA and FINRA arbitrations. Ben also regularly counsels executives and boards navigating regulatory scrutiny and litigation exposure.
As co-head of Davis Polk’s Israel practice, he routinely represents Israeli banks in civil and regulatory matters.
Ben serves as Vice Chairman of the Rabbi Isaac Elchanan Theological Seminary, Yeshiva University and as President of the Beth Din of America.
Experience highlights
Bankruptcy Litigation
- Lead litigation counsel to Purdue Pharma in numerous trials and contested matters in its chapter 11 proceedings, including securing an unprecedented injunction of thousands of lawsuits
- Citibank in a multibillion-dollar 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 in connection with margin calls issued during the financial crisis
- A major financial institution in actions filed in both federal and state courts by the creditor trustee of a geothermal-energy developer alleging claims under the Bankruptcy Code and Delaware law
- 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 a Ponzi scheme debtor
- Bank Leumi in matters relating to the Lehman Brothers liquidation
- Major lenders and creditors, including JPMorgan Chase, Citi, Morgan Stanley, Bank Leumi, Emerson, Ford, Bertelsmann and Welsh, Carson, Anderson & Stowe, in numerous bankruptcies and restructurings
Complex Commercial Litigation
- Prevailed before the U.S. Supreme Court on behalf of Clearstream Banking in a $1.68 billion lawsuit brought by judgment creditors of Iran
- Citi in securities and fraudulent transfer litigations arising out of the bankruptcy of Millenium Health
- A financial institution in an asset-seizure action brought under the Terrorism Risk Insurance Act
- Major Israeli banks in international tax investigation by multiple U.S. regulators
- A Korean broker-dealer in an arbitration with a Chinese broker-dealer relating to the alleged misappropriation of trade secrets and unfair competition
- A major Israeli bank in a derivative suit alleging breaches of fiduciary duties 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
Insights
News
Credentials
Recognition
American Lawyer – “Litigator of the Week,” 2023
Benchmark Litigation – National and New York, Star
IFLR1000 – United States, Rising Star
Lawdragon – 500 Leading U.S. Bankruptcy and Restructuring Lawyers, 2022
Education
- cum laude
- Senior Articles Editor and Writing Competition Chairman, New York University Annual Survey of American Law
- summa cum laude
Clerkships
Professional history
- Partner, 2003-present
- Davis Polk since 1995
Qualifications and admissions
- State of New York
- U.S. Court of Appeals, First Circuit
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Sixth Circuit
- U.S. District Court, E.D. New York
- U.S. District Court, Maryland
- U.S. District Court, S.D. New York
- U.S. Supreme Court