Benjamin D. Pergament

Partner

New York
T +1.212.589.4622
F +1.212.589.4201

Overview

Benjamin Pergament focuses his litigation practice on commercial contract disputes, business torts, securities actions, construction and product liability matters. His experience includes representing institutional and individual clients in litigation and appeals in state and federal courts throughout the country, as well as in arbitrations. Benjamin's experience also includes the defense of several class actions in both state and federal courts.

Benjamin's product liability experience includes the defense of actions involving prescription and over-the-counter drugs as well as industrial and manufacturing equipment. He has also advised foreign-based manufacturers and retailers on risk avoidance strategies relating to their distribution and sale of products in the U.S.

Select Experience

  • Represented a cable television network in a contractual dispute over sports telecasting rights in the Southern District of New York. 
  • Represented a pharmaceutical company in a series of individual and class action product liability cases pending in numerous state and federal courts across the country, including Florida, Pennsylvania, Kentucky and West Virginia. 
  • Successfully argued an appeal in the United States Court of Appeals for the Tenth Circuit, resulting in the published decision Symes v. Harris, 472 F. 3d 754.
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Experience

  • Represented a cable television network in a contractual dispute over sports telecasting rights in the Southern District of New York. 
  • Represented a pharmaceutical company in a series of individual and class action product liability cases pending in numerous state and federal courts across the country, including Florida, Pennsylvania, Kentucky and West Virginia. 
  • Successfully argued an appeal in the United States Court of Appeals for the Tenth Circuit, resulting in the published decision Symes v. Harris, 472 F. 3d 754.
  • Represented the lead lender of a bank syndicate in federal district court and appellate litigation involving the construction of a waste-to-energy plant in North Carolina. 
  • Represented a European-based engineering firm in an International Chamber of Commerce proceeding involving defective gas turbine components designed for use in a power generation facility in Saudi Arabia. 
  • Represented a national hospitality company in breach of fiduciary duty litigation against one of its former directors in the Southern District of New York.
  • Represented a large New York-area contractor in litigation involving construction at JFK International Airport. 
  • Represented Denver-area newspapers in their efforts to gain access to documents and testimony relating to the Columbine tragedy. 
  • Represented a leading auto insurance provider in class actions brought in California and Texas. 
  • Represented a leading technology company in a securities fraud and breach of warranty action arising out of a private placement in the Southern District of New York. 
  • Represented a global telecommunications company in trademark and unfair competition actions in New Jersey and Massachusetts. 
  • Represented a major insurance company in actions to protect its trade secrets and customer files in the Eastern District of New York. 
  • Represented a leading valuation firm in an investigation conducted by the Securities and Exchange Commission. 
  • Represented an electrical power wholesaler in a dispute over alleged regulatory violations in the Eastern District of New York.
  • Member of the team representing the trustee for the liquidation of Bernard L. Madoff Investment Securities LLC.

Recognitions and Memberships

Recognitions

  • Euromoney Legal Media Group Expert Guides
    • Litigation (2016)
    • Product Liability (2016)

Memberships

  • American Bar Association: Litigation Section

News

News

Admissions

  • U.S. Court of Appeals, Tenth Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, District of Colorado
  • Colorado
  • New York

Education

  • J.D., Georgetown University Law Center, 1999
  • B.A., University of Michigan, 1995