David Rubenstein, Esq.

DRubenstein@RubensteinBusinessLaw.com

 

In assuming the trusted advisor role, Mr. Rubenstein works hand in hand with business owners and Executive-level clients to develop efficient business processes to protect and to prevent business problems and challenges.

 

When business disputes arise, Mr. Rubenstein constructs solutions to complex legal challenges, offers insights into transactions, develops effective approaches to negotiations, formulates litigation strategy, and uses all resources at his disposal to protect and defend the interests of his clients all the way to the courtroom.

 

Specific Service Offering(s)

 

  • Business disputes

  • Corporate and partnership disputes

  • Complex contract disputes

  • Intellectual property matters

  • Insurance coverage issues

  • Construction contract disputes

  • Tort liability defense

  • Product liability litigation

 

Representative Matters/Wins & Settlements

 

Breach of Contract:

 

  • Successfully defended MillerCoors in breach of contract action resulting in a victory on summary judgment.

  • Successfully represented the Licensee of Clothing Line in a breach of contract action against the Licensor in the Southern District of New York which included emergent applications to defend against irreparable harm and the destruction of a $15 million business. Managed the case from inception and resulted in a favorable settlement.

  • Successfully represented a sewing machine manufacturer in a suit against a sewing machine wholesaler under the Uniform Commercial Code when the wholesaler ordered specialty designed machines and refused to complete the purchase. Resulted in favorable settlement.

  • Defend former investors in hotel project in New York against holder of promissory note based on allegations of fraud and self-dealing.

  • Represent foreign toy company in a breach of contract action for $2 million against Exclusive Agent in America.

 

Real Estate Litigation:

 

  • Successfully represented large land developer in complex real estate dispute involving $200 million residential project, which resulted in a victory on Summary Judgment. Conducted and defended key witness depositions. Responsible for managing the day-to-day litigation of the case including oral argument of substantive motions, extensive client contact, development of case theory, and consultation with experts.

  • First-Chaired jury trial representing a tax lien investor in a $500,000 suit against a process server company and related entities involving fraud, conspiracy, and various contractual breaches as a result of an unlawful redemption. Resulted in favorable settlement on the first day of jury selection.

 

Employment/Restrictive Covenant Litigation:

 

  • Successfully represented a large distribution company in a complex and extremely contentious matter involving the embezzlement of over $5 million dollars, claims of fiduciary breaches, and a consolidated action involving the theft of customers and trade secrets. Assisted in the management of the case from inception to favorable settlement on the day of trial.

  • Successfully represented wholesale electronics company and its employee in a matter brought by a former employer involving alleged breaches of a restrictive covenant and confidentiality agreement. Resulted in favorable settlement through mediation.

 

Shareholder Disputes:

 

  • Successfully represent shareholder in franchise food conglomerate against former partner to compel the dissolution and buyout of the business based on New Jersey’s Oppressed Shareholder’s Act.

 

Eminent Domain Litigation:

 

  • Second-Chaired two week jury trial resulting in an $8 million verdict on behalf of commercial property owner against the State of New Jersey in an eminent domain action.

  • Successfully represented commercial property owner in condemnation action against a Municipality. Resulted in a favorable settlement for $1.5 million.

  • Successfully represented commercial property owner in condemnation action against Municipality resulting in a favorable settlement.

 

Foreclosure Litigation:

 

  • Defend commercial property owner in a suit filed by National Bank to foreclose on a $5 million Mortgage and Note.

  • Successfully represented residential property owner against HSBC Bank yielding dismissal of a foreclosure suit as a result of proving that the Bank lacked standing to enforce the Note based on Article III of the Uniform Commercial Code.

 

Estate Litigation:

 

  • Second-Chaired trial representing a large automobile dealership against the Executor of an Estate involving the construction of Operating Agreements which called for the sale of the dealership to the remaining members to effectuate the wishes of the decedent. Resulted in a favorable Settlement on the day of trial after opening statements.

  • Represented beneficiary of a Will in an action against the Estate to effectuate the probable intent of the decedent.

 

Class Action Litigation:

 

  • Represent three (3) municipalities and their constituents in a class action lawsuit against a village municipality to invalidate recently-approved ordinances which unconscionably raised the water rates upon the residents of the three towns.

 

Insurance Coverage Litigation:

 

  • In bench trial that lasted approximately 50 court days, assisted in successfully defending New Jersey Transit in $250 million lawsuit by construction contractor Bechtel and $15 million insurance coverage claim by insurer Lumbermens involving construction of the Trenton-Camden Light Rail.

 

Premises Liability Litigation:

 

  • Represent residential property owner in action against Municipality under the Torts Claims Act for damages resulting from the Municipality’s failure to inspect, maintain, and repair an easement.

 

***Results may vary depending upon your particular facts and legal circumstances.

 

Articles, Alerts & Newsletters

 

  • Lacking a Personal Touch: How Recent Practices Spell Ruin for Modern Lenders, 209 New Jersey Law Journal 207 (July 9, 2012), Co-Authored with Jeff Zenn.

  • How to Beat the Lenders: Four Winning Defenses to Residential Foreclosure Actions in New Jersey, 207 New Jersey Law Journal 269 (January 30, 2012), Co-Authored with Jeff Zenn.

  • No Testamentary Language? No Problem, Thanks to the Doctrine of Probable Intent, 201 New Jersey Law Journal 546 (August 16, 2010).

  • eBay: The Cyber Swap Meet, 13 U. Miami Bus. L. Rev. 1 (Fall/Winter, 2004).

 

Speaking Engagements:

 

  • Bringable (April 3, 2012). Served on legal panel to discuss characteristics lawyers can “bring to the table” as a young professional and leverage them for success and fulfillment.

 

Bar Admissions

 

  • Illinois

  • New Jersey

  • State of New York

  • Florida

  • U.S. District Court of NJ

  • US Southern District of New York

  • US Eastern District of New York