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Benjamin F. Heidlage

Associate

Overview

Benjamin Heidlage’s broad-based practice has given him experience in a range of complex commercial litigation matters, representing both individuals and corporations in contract, securities, antitrust, and environmental disputes in state and federal courts and arbitral tribunals. Benjamin has extensive experience representing banks as trustees or securities administrators in various RMBS putback matters in state and federal courts.

Benjamin has represented clients in the financial and technology sectors in antitrust matters pending in foreign and domestic tribunals. He has also represented a client at trial and on appeal in a case involving one of the largest CERCLA sites in the country. Benjamin has played a significant role in multiple shareholder disputes brought in connection with mergers and acquisitions, litigating issues including the fiduciary duties of company directors and officers and required disclosures. His pro bono work, among other things, has involved various immigration matters.

Benjamin has been recognized as a Rising Star in the 2015 and 2016 editions of New York Metro Super Lawyers.

Prior to joining Holwell Shuster & Goldberg, Benjamin was an associate at Cravath, Swaine & Moore LLP, and clerked for the Hon. Patrick Higginbotham of the United States Court of Appeals for the Fifth Circuit. He serves on the Board of Directors of Atlas: DIY, which offers legal resources, educational programming, and social services to undocumented immigrant youth.

Notable Cases

Notable Cases

  • Various banks as trustee or securities administrator in RMBS put-back actions, each involving hundreds of millions of dollars.
  • Visa Inc. and its subsidiaries in several matters, including its defense against dozens of antitrust actions brought by hundreds of merchants who have opted out of a multi-billion-dollar class settlement.
  • Drafted amici curiae briefs in state and federal appellate courts, including on behalf of Foursquare, Kickstarter, Meetup, and Tumblr in an appeal challenging the constitutionality of bulk search warrants issued by the Manhattan D.A.’s office (N.Y. Court of Appeals).
  • Paper company in trial and Seventh Circuit appeal of CERCLA enforcement action concerning remediation of Wisconsin’s Fox River, as well as in related actions.
  • Special committee of the board in Delaware shareholder litigation brought in response to an acquisition in which a controlling shareholder received a premium relative to other shareholders.
  • Advised a major U.S.-based telecommunications company in connection with an antitrust investigation by the Korea Fair Trade Commission and litigation in South Korean courts.
  • Utility in consumer class action tort litigation.

News and Writings

Writings

  • A Relational Approach to Schools’ Regulation of Youth Online Speech,” 84 New York University Law Review 572 (2009)
  • Limiting the Scarlet @: Daniel Solove’s The Future of Reputation,” 83 New York University Law Review 982 (2008)
Photo of Benjamin F. Heidlage

Clerkships

  • Hon. Patrick E. Higginbotham, U.S. Court of Appeals for the Fifth Circuit, 2009 – 2010

Education

New York University School of Law (J.D., magna cum laude, 2009; Law Review Alumni Association Award; Butler Scholar; Pomeroy Scholar; Order of the Coif; Articles Editor, New York University Law Review)

Pomona College (B.A. in Politics, magna cum laude, 2006)

Bar and Court Admissions

  • New York
  • Massachusetts
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
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