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David R. Benjamin
Attorney at Law

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PRACTICE AREAS

Complex Commercial and Civil Litigation
Turnaround and Restructuring of Companies
Business Law
Real Estate Transactions and Disputes
Insurance and Regulatory
Employment
Media and First Amendment
Intellectual Property
Professional Malpractice

 

For over 35 years, David Benjamin has acted as outside counsel for a wide range of businesses.  With 35 years of experience handling litigation and transactions, Mr. Benjamin is skilled not only in avoiding disputes by anticipating issues that will arise in the course of his clients’ business, but also in resolving and litigating disputes that do arise. 

Major areas of Mr. Benjamin’s practice include corporate, real estate, and general business law.  He advises clients regarding all facets of their businesses, including regulatory requirements, corporate finance and securities law, mergers and acquisitions, intellectual property protection, joint ventures and strategic alliances, and board governance. 

Mr. Benjamin is a long-standing member of the international Turnaround Management Association.  He has handled hundreds of turnaround matters during economically challenging times, assisting corporations throughout the country in all types of restructuring efforts.  Mr. Benjamin’s work in turnaround situations has included working with executives and lenders in re-negotiating major contracts, reconfiguring employment relations, and remodeling business and legal plans.

Mr. Benjamin has particular expertise in the field of real estate law.  He negotiates and drafts long-term shopping center leases for major national chains, and assists his clients when disputes arise during the leasing relationship.  Mr. Benjamin has also litigated and arbitrated a number of real estate disputes and has advised on both sides of real estate acquisitions. 

Mr. Benjamin also advises high-level executives regarding their duties and employment relationships. He is experienced in both sides of termination disputes, whether representing executives or companies in severance policies and disputes

In addition, Mr. Benjamin’s litigation experience has included advising on insurance, First Amendment, media, professional malpractice, and environmental matters.

SOME RECENT REPRESENTATIVE MATTERS MR. BENJAMIN HAS HANDLED

  • On-going representation throughout the country of a publicly traded national retail chain in hundreds of real estate matters and other business disputes.
  • Representation of a large, closely held group of corporations in the turnaround and disposition of three retail chains resulting in significant financial benefit to client.
  • Suit on behalf of defrauded shareholder in family owned company for over $100 Million in damages.
  • Representation of a defrauded company in suing a major national Malaysian bank for $3 Billion US in racketeering charges due to bank’s alleged conspiracy in Hong Kong real estate market crash.
  • Defense in federal court of a subprime mortgage company that was sued for fraud.
  • Representation of court-appointed trustee overseeing family owned companies in several highly contentious suits claiming over $100 Million in damages.
  • Representation of receivers in connection with restructuring of distressed businesses.
  • Representation of a publicly traded apparel manufacturer in connection with its purchase of another manufacturer, including subsequent representation of the client in a breach of contract action against the seller based on the seller’s misrepresentations. 
  • Resolution of numerous disputes related to buy-outs of large privately held businesses.
  • Out of state defense of an insurance company in highly sensitive suit affecting regulatory and civil liability.  
 

Mr. Benjamin has been a frequent panel member and guest host of Silicon Spin, a news and opinion show about the latest developments in Silicon Valley.

In addition to his legal work, Mr. Benjamin and his wife Michele have been active in support of many community organizations, including Special Olympics, Magic Theatre, Marin Headlands Center For The Arts, The Make-A-Wish Foundation, and The Bay Area Public television and radio stations KQED. Mr. Benjamin is a member of the Board of Directors of Family House in San Francisco and is a tutor with Bridge The Gap in Marin County, California

MEMBERSHIPS

  • Bar Association of San Francisco (Member, Sections on: Insurance Practice; Law Practice Management; Litigation)
  • Marin Bar Association (Chairman, Business Law Section)
  • State Bar of Washington (inactive)
  • State Bar of California
  • The Association of Business Trial Lawyers
  • United States Supreme Court and various federal courts and pro haec vice counsel in various matters around the country

EDUCATION

  • College: University of Pennsylvania, B.A. 1970 (Honors in Philosophy)
      • University of Hull, Hull, Yorkshire, England (One year special course of study:  Philosophy and English Literature)
  • Law School: University of Washington, 1973
    (Washington Law Review; Moot Court competition winner; Member, Moot Court Honor Board;  Founder, Washington Public Interest Research Group)