Benjamin S. Litman


Phone: (646) 780-8040

NYC Legal Malpractice Defense Lawyer

Benjamin is a versatile litigator with a wealth of experience both inside and outside of the courtroom. He has litigated civil and criminal matters in a wide variety of industries and practice areas, including legal malpractice, accounting fraud, antitrust, class action, complex commercial litigation, contracts, employment, false advertising, intellectual property, internal investigation, mortgage fraud, product liability, structured finance, trust and estates, and white-collar crime. Benjamin represents both private clients and institutions in federal and state courts, on appeal, and in arbitration.


Prior to joining Elman Freiberg, Benjamin worked at Appellate Advocates, where he briefed and argued more than 40 appeals on behalf of indigent criminal defendants, and at Patterson Belknap Webb & Tyler LLP, where he spent nearly seven years and received a Pro Bono Publico award from the Legal Aid Society. He began his legal career as a law clerk to the Honorable Ronald Lee Gilman of the United States Court of Appeals for the Sixth Circuit.

Selected Experience:

  • Currently representing an indigent criminal defendant before the New York Court of Appeals in a Fourth Amendment standing case affecting tens of thousands of New York City’s poorest residents.
  • Represented several monoline-insurance companies against large banks in fraud and breach-of-contract actions arising out of the subprime-mortgage crisis.
  • Helped obtain a $500-million settlement award on behalf of a major pharmaceutical company following a breach-of-contract arbitration hearing.
  • Convinced a federal court to allow a client to obtain reimbursement of the full amount of its attorneys’ fees following an eight-year accounting-fraud litigation. 
  • Drafted amicus curiae briefs in support of the ACLU’s actions in the United States Supreme Court and the Foreign Intelligence Surveillance Court regarding the National Security Agency’s surveillance programs.


  • Harvard Law School (J.D., cum laude, Editor-in-Chief of the Harvard International Law Journal)
  • Yale University (B.A. in History, magna cum laude and with distinction)

Bar Admissions

  • New York

Court Admissions

  • US District Court, Southern District of New York
  • US Court of Appeals, Sixth Circuit
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