Benjamin R. Nagin

BENJAMIN R. NAGIN is a partner in the firm’s New York office. Ben joined the firm from law school in 1996 and became a partner in 2004.

Ben represents clients in a wide range of complex commercial and statutory litigation matters in state and federal courts, principally on behalf of financial institutions. Ben’s engagements span numerous industries and legal claims, including the defense of antitrust, contractual and tort-based disputes. Ben also has represented financial institutions as plaintiffs in the enforcement of significant contractual rights. Ben has been lead or second-chair counsel in numerous trials in state and federal court.

Ben is listed as a “Best Lawyer” in the 2015 edition of The Best Lawyers in America in Commercial Litigation.

Representative matters include:

Commercial Disputes

Represent bank in breach of representation and warranty action brought by special servicer regarding commercial mortgage loan purchase agreement. Obtained pre-discovery dismissal of all claims. (Wells Fargo Bank, N.A., as Trustee for the registered holders of J.P. Morgan Chase Commercial Mortgage Corp, Commercial Mortgage Pass-Through Certificates, Series 2002-CIBC4, acting by and through its Special Servicer, LNR Partners, LLC v. JPMorgan Chase Bank, N.A., 2014 WL 1259630 (S.D.N.Y. March 27, 2014)).
Represent investment management firm in fraudulent transfer action brought by Chapter 7 trustee regarding asset-based loan.
Representation of ad hoc noteholder group and indenture trustee in preliminary injunction proceedings and expedited trial, respectively, regarding redemption of debt securities. Mr. Nagin served as second chair at trial. Following trial, the court described the lawyers’ advocacy as “simply superb”.
Represent European bank in the enforcement of construction completion guaranty and related agreements arising out of a resort development in the U.S. Virgin Islands. Obtained $38 million judgment for the client.
Represent title insurance company in loan and guaranty enforcement action. Prevailed on pre-discovery motion for summary judgment on all claims. (Stewart Information Services Corp. v. CorporatAir LLC et al., 951 N.Y.S.2d 83, 2012 WL 1649883 (N.Y. Supreme Court, Commercial Div. Apr. 16, 2012).
Obtained $32 million judgment for lessors against airline for breach of aircraft lease agreements. (Wells Fargo Bank, N.A. v. TACA International Airlines, S.A., 315 F. Supp.2d 347 (S.D.N.Y. 2003)).

Class Actions

Represent major payment card issuer in consolidated antitrust actions brought by putative class of all U.S. merchants as well as significant opt-out actions by large merchant plaintiffs. (In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (E.D.N.Y.)).
Represent major investment bank in consolidated antitrust action regarding CDS market. (In re Credit Default Swaps Antitrust Litigation (S.D.N.Y.)).
Represented major investment bank in antitrust action regarding IPO pricing. (In re Issuer Plaintiff Initial Public Offering Antitrust Litigation (S.D.N.Y.)).
Represented major media company in federal securities actions in MDL proceeding and in state actions across the country, including in Alaska and Ohio. (In re AOL Time Warner, Inc. Securities & ERISA Litigation (S.D.N.Y.)).

Advisory Work

Advise major international airline regarding rights and strategic options in relation to multi-billion dollar commercial relationship.
Advise numerous financial institution clients regarding litigation risks arising from commercial relationships and business lines.

Ben serves as the co-chair of the Hedge Fund and Capital Markets Litigation Committee of the New York State Bar Association. Ben also serves on the New York State Bar Association’s Committee on the Commercial Division, the section of the New York State trial courts dedicated to large business disputes.

Ben also has handled numerous high-profile pro bono matters. In July 2010, Ben was lead counsel in a death penalty evidentiary hearing in Mobile, Alabama. On November 2, 2012, following extensive post-hearing briefing, the Circuit Court for Mobile County, Alabama, vacated the capital murder conviction and death sentence of William Ziegler and granted Mr. Ziegler a new trial, finding numerous constitutional violations in connection with the original capital murder trial. (State of Alabama v. Ziegler). In May 2014, the Alabama Criminal Court of Appeals unanimously affirmed the judgment granting Mr. Ziegler a new trial. This important case was reviewed in an article in the Mobile Press Register, “How the system failed William Ziegler: Perjured testimony, trashed evidence, lying jurors” (February 1, 2013).

Ben is a co-chair of the firm’s New York Hiring Committee.

Ben also serves as an Ambassador for the Gift of Life Bone Marrow Foundation.

Ben has completed numerous full and half-marathons, including the New York (2009-2013) and Boston marathons (2014).

Good to know

Areas of Practice 1) Antitrust/Competition , 2) Complex Commercial Litigation , 3) Alternative Dispute Resolution, 4) Antitrust and Unfair Competition, 5) Antitrust Litigation, 6) Bank/Financial Services Class Actions, 7) Business Torts and 8) Consumer
Law School Northwestern University School of Law, J.D.,1996
Education Skidmore College, B.A., 1993
Bar Member / Association New York State Bar Association
Most recent firm Sidley Austin LLP
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