Benjamin Rubinstein
Ben has over 20 years of experience representing and counseling clients in individual, class action and governmental lawsuits in US state and federal courts throughout the country, with a particular focus on product liability and complex tort litigation.
Ben brings valuable global insight and perspective to his clients by also serving as international coordinating counsel in defending and counseling clients in similar lawsuits filed in common law and civil law jurisdictions all around the world.
Ben is a litigator, but also a client advisor, and routinely advises companies and investors in various sectors on issues relating to product liability and ESG liability risks and disclosures, including clients in the energy, mining, financial services, technology and consumer sectors.
Ben is ranked Band 1 in Chambers and Partners for Nationwide Product Liability: Tobacco (2022-2025), where he is commended by clients for being a “highly dedicated attorney who makes the impossible possible,” for “knowing the science as well as members in that field,” and for being “a consummate legal strategist for complex matters.” Ben has been named to Legal 500 for Product Liability, Mass Tort and Class Action (2017-2025), including as a Leading Partner (2025) and Next Generation Partner (2023-2024), where Ben's clients describe him as a “fierce advocate who provides very strategic legal advice,” praise his ability to "couple deep knowledge of science and law with fresh approaches" and commend him for having “a blend of technical expertise and managerial acumen.” In addition, Ben was named to Benchmark Litigation's "Under 40 Hot List" for 2017 and 2018.
Experience & capabilities
Selected matters
- British American Tobacco (BAT) in United States v. Philip Morris et al., a civil racketeering (RICO) lawsuit filed by the US Department of Justice against the principal US tobacco companies and BAT, in which the government was seeking $280 billion in disgorgement of past profits and various injunctive remedies. BAT was dismissed from the case after a decade of litigation, including a nine-month trial in federal court in Washington, DC, on the grounds that US racketeering laws had no extraterritorial application
- BAT in coordinating the defense of multibillion dollar claims for healthcare costs by ten Canadian Provinces, and defending similar claims brought by governments in Brazil, Nigeria and South Korea
- Samsung SDI in defense of dozens of product liability lawsuits throughout the United States involving allegations of exploding batteries in consumer electronic products
- Dyson in regulatory matters before the Department of Energy and Federal Trade Commission relating to standards for substantiating efficacy and efficiency claims involving air purifiers
- Trial and national counsel for multiple clients facing US asbestos litigation involving allegations of asbestos exposure in industrial settings and from use of cosmetic products
- multiple clients in the energy, mining and consumer products sectors on ESG and climate change-related litigation and regulatory matters in the US and internationally, including in defending US consumer class actions and public nuisance lawsuits
- global shipping and logistics company in resolving a breach of contract dispute with a large US retailer involving allegations that millions of products were defective
- component parts manufacturer in resolving a breach of contract dispute with a large US finished goods manufacturers involving allegations of defective product leading to product recalls throughout the United States
- consumer products company in coordinating US and global recall efforts across multiple jurisdictions
- investment management firm in advising on valuation of US product liability settlements and judgments with respect to medical device, pharmaceutical and asbestos litigation to inform investment decisions
- re-insurance company in advising on trends in loss costs across various commercial lines to inform insurance pricing decisions
Background
Ben received a B.A. from Duke University in 2000 (cum laude), and a J.D. from New York University School of Law in 2003.
Admissions
New York
Education
- J.D., New York University School of Law, 2003
Recognition
Chambers and Partners' Chambers USA
