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Brian Bender
D: (212) 313-5405  
bbender@harrisbeach.com

Brian A. Bender

  Member

(212) 313-5405
  bbender@harrisbeach.com
“I believe that the best lawyers are counselors; able professionals who understand their clients and efficiently guide them to desirable results. I take pride in being able to craft practical legal solutions that best serve my clients’ personal or business needs, no matter how large the case may be.”
  • EPA Announces Perchloroethylene and Trichloroethylene Pose an Unreasonable Risk to Human Health
Profile
Representative Matters
Professional and Civic
Areas of Experience
Admissions
Education
Location
Publications and Events

Mass Torts and Novel Claims

Brian has over twenty years of experience defending high-profile mass torts and matters premised upon emerging theories of liability, many of which seek to create “judicial legislation”.  As a member of the Mass Torts & Industry Wide Litigation Practice Group, he manages large attorney/paralegal/vendor teams and regularly serves as national counsel, national coordinating counsel or local counsel in cutting-edge proceedings before federal and state courts throughout the United States, acting as defense liaison/steering committee counsel when warranted.  Brian’s work includes cases involving marketing/distribution, toxic exposure, and product/premises liability allegations against members of the chemical, fast food, firearms, real estate, pharmaceutical, and fluid handling industries.  He has either obtained a dismissal or negotiated a favorable settlement for every client he has represented in a mass or novel action to date.

Catastrophic Losses

Brian is often called upon to manage large loss claims, even before suit is filed.  As a member of the firm’s First Response Emergency, Crisis & Disaster Team, he responds immediately to incident sites with experts to interview witnesses, document/secure critical evidence, assess potential liability, and represent clients in their dealings with investigating agencies.  When a large loss lawsuit is filed, Brian manages it from beginning to end, working, if necessary, with the firm’s communications experts to provide crisis management and media-relations services.  Representative clients include members of the manufacturing, equipment rental, medical device, and construction industries.

General/Commercial Disputes

Brian has an active general/commercial litigation practice that includes everything from standard personal injury matters to complicated business disputes.  He represents doctors and hospitals in medical malpractice claims; property owners and general contractors in premises liability matters; and business entities in breach of contract, interference, letter of credit, insurance/reinsurance, and subrogation/reimbursement actions.  Brian tries cases, participates in mediations and arbitrates before the American Arbitration Association and the International Centre for Dispute Resolution.

Representative Matters

  • Benzene Exposure:  Member of national coordinating counsel team defending commercial solvent manufacturer in benzene exposure cases throughout the United States.  Formulates overall strategy, acts as lead trial counsel, prepares/defends corporate representatives at deposition, engages with experts in numerous specialties, argues pre-trial motions and supervises local counsel.
  • September 11th:  Achieved favorable settlement for major property owner in Battery Park City against claims that plaintiffs’ respiratory illnesses were caused or contributed to by violations of N.Y. Lab. Law §§ 200, 240(1) and 241(6) during clean-up following terrorist attacks on World Trade Center.  Coordinated non-party employer discovery for entire “off-site” docket and assisted defense liaison counsel with management of proceedings.
  • Trans-Fat:  Obtained pre-trial dismissal of class claims against fast food franchise alleging that negligent distribution and false/deceptive advertising caused diabetes, hypertension and other weight-related illnesses in children.
  • Firearms:  Secured judgment as a matter of law for firearms distributor at the close of plaintiffs’ case at trial in mass tort action claiming negligent distribution of handguns.  Obtained pre-trial dismissal of claims against another supplier in separate action based upon similar theories of liability.
  • Gulf War Syndrome:  Obtained pre-trial dismissal for foreign manufacturer of fluid handling materials in action claiming it violated international law by selling piping products to Iraq for public works projects, which were ultimately used to create chemical weapons that were unsafely destroyed by Allied forces during Gulf War.
  • Microchip Manufacturing:  Successfully defended two major chemical companies in decade-long, bi-coastal mass tort involving allegations that microchip manufacturing workers were exposed to substances that caused cancers and birth defects.
  • Subrogation/Reimbursement:  Obtained landmark rulings allowing self-funded ERISA welfare benefit plans to intervene into lawsuits prior to trial, and establishing the right of Medicare Advantage Organizations to seek reimbursement from settled tortfeasors under the Medicare Secondary Payer Act.
  • Insurance/Reinsurance:  Represented bank group in multi-phase arbitration arising out of denial of contingency cost insurance claim by Lloyd’s London syndicate following default on loan made to viatical company.  Also negotiated settlement of arbitration, mediation and dozens of federal/state claims throughout country related to breach of contract allegations against managing general agent, captive insurer, their principals and various other entities.

Professional and Civic

  • Defense Research Institute (DRI), member (2004-Present); Climate Change Task Force (past chair); Toxic Tort & Environmental Law Committee (past chair, Climate Change SLG); Product Liability Committee (past chair, E-Discovery SLG); Technology Committee (past co-chair, Expert Witnesses); DRI Daubert Online (past editor, Second Circuit); Young Lawyers Committee (past chair, Publications)
  • Connecticut Bar Association, member
  • Katonah-Lewisboro School District, past member of Student Performance Metrics Committee
  • John Jay Youth Lacrosse, volunteer coach

Recognition

  • Super Lawyers, Rising Stars 2011, Class Actions & Mass Torts and Business Litigation, since 2013
  • National Institute for Trial Advocacy (NITA), Graduate, “Trial Techniques” program
  • William F. Levine Award, Excellence in trial advocacy
  • Judge Edward Hart Award, Excellence in trial advocacy

Legal Practices

Business and Commercial Litigation
Environmental
Government Compliance and Investigations
Mass Torts and Industry-Wide Litigation

Industry Teams

Food and Beverage
Medical and Life Sciences

Admissions

Connecticut

New York

U.S. Court of Appeals, Second Circuit

U.S. District Court, Connecticut

U.S. District Court, New York - Eastern District

U.S. District Court, New York - Northern District

U.S. District Court, New York - Southern District

Hofstra University School of Law

JD 
1997

Hobart and William Smith College

BA 
1994

Location

New Haven, CT Office
White Plains, NY Office
Insights
February 24, 2023

EPA Announces Perchloroethylene and Trichloroethylene Pose an Unreasonable Risk to Human Health

The EPA proposes risk management plans to contain harmful chemicals, Perchloroethylene and Trichloroethylene
News
October 13, 2021

Harris Beach Attorneys Recognized in 2021 Edition of New York Metro Super Lawyers

Attorneys from Harris Beach PLLC offices in New York City, White Plains and on Long Island have been named to the 2021 edition of the New Yo
November 12, 2019

79 Attorneys from Harris Beach Named to 2019 Super Lawyers List

A total of 79 Harris Beach PLLC attorneys have been named to the 2019 edition of Super Lawyers, a peer-based rating service that recognizes
Events
External Publications
All Insights, All Publications, Legal Alert |
 February 24, 2023
EPA Announces Perchloroethylene and Trichloroethylene Pose an Unreasonable Risk to Human Health
The EPA proposes risk management plans to contain harmful chemicals, Perchloroethylene and Trichloroethylene...read more
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Brian A. Bender

bbender@harrisbeach.com
D: (212) 313-5405
New Haven, CT Office
White Plains, NY Office
Brian Bender
[geturl]

■ Areas of Expertise

Legal Practices

Business and Commercial Litigation Legal Practice
Environmental Legal Practice
Government Compliance and Investigations Legal Practice
Mass Torts and Industry-Wide Litigation Legal Practice

Industry Teams

Food and Beverage Industry Team
Medical and Life Sciences Industry Team

■ Profile

Mass Torts and Novel Claims

Brian has over twenty years of experience defending high-profile mass torts and matters premised upon emerging theories of liability, many of which seek to create “judicial legislation”.  As a member of the Mass Torts & Industry Wide Litigation Practice Group, he manages large attorney/paralegal/vendor teams and regularly serves as national counsel, national coordinating counsel or local counsel in cutting-edge proceedings before federal and state courts throughout the United States, acting as defense liaison/steering committee counsel when warranted.  Brian’s work includes cases involving marketing/distribution, toxic exposure, and product/premises liability allegations against members of the chemical, fast food, firearms, real estate, pharmaceutical, and fluid handling industries.  He has either obtained a dismissal or negotiated a favorable settlement for every client he has represented in a mass or novel action to date.

Catastrophic Losses

Brian is often called upon to manage large loss claims, even before suit is filed.  As a member of the firm’s First Response Emergency, Crisis & Disaster Team, he responds immediately to incident sites with experts to interview witnesses, document/secure critical evidence, assess potential liability, and represent clients in their dealings with investigating agencies.  When a large loss lawsuit is filed, Brian manages it from beginning to end, working, if necessary, with the firm’s communications experts to provide crisis management and media-relations services.  Representative clients include members of the manufacturing, equipment rental, medical device, and construction industries.

General/Commercial Disputes

Brian has an active general/commercial litigation practice that includes everything from standard personal injury matters to complicated business disputes.  He represents doctors and hospitals in medical malpractice claims; property owners and general contractors in premises liability matters; and business entities in breach of contract, interference, letter of credit, insurance/reinsurance, and subrogation/reimbursement actions.  Brian tries cases, participates in mediations and arbitrates before the American Arbitration Association and the International Centre for Dispute Resolution.

■ Representative Matters

  • Benzene Exposure:  Member of national coordinating counsel team defending commercial solvent manufacturer in benzene exposure cases throughout the United States.  Formulates overall strategy, acts as lead trial counsel, prepares/defends corporate representatives at deposition, engages with experts in numerous specialties, argues pre-trial motions and supervises local counsel.
  • September 11th:  Achieved favorable settlement for major property owner in Battery Park City against claims that plaintiffs’ respiratory illnesses were caused or contributed to by violations of N.Y. Lab. Law §§ 200, 240(1) and 241(6) during clean-up following terrorist attacks on World Trade Center.  Coordinated non-party employer discovery for entire “off-site” docket and assisted defense liaison counsel with management of proceedings.
  • Trans-Fat:  Obtained pre-trial dismissal of class claims against fast food franchise alleging that negligent distribution and false/deceptive advertising caused diabetes, hypertension and other weight-related illnesses in children.
  • Firearms:  Secured judgment as a matter of law for firearms distributor at the close of plaintiffs’ case at trial in mass tort action claiming negligent distribution of handguns.  Obtained pre-trial dismissal of claims against another supplier in separate action based upon similar theories of liability.
  • Gulf War Syndrome:  Obtained pre-trial dismissal for foreign manufacturer of fluid handling materials in action claiming it violated international law by selling piping products to Iraq for public works projects, which were ultimately used to create chemical weapons that were unsafely destroyed by Allied forces during Gulf War.
  • Microchip Manufacturing:  Successfully defended two major chemical companies in decade-long, bi-coastal mass tort involving allegations that microchip manufacturing workers were exposed to substances that caused cancers and birth defects.
  • Subrogation/Reimbursement:  Obtained landmark rulings allowing self-funded ERISA welfare benefit plans to intervene into lawsuits prior to trial, and establishing the right of Medicare Advantage Organizations to seek reimbursement from settled tortfeasors under the Medicare Secondary Payer Act.
  • Insurance/Reinsurance:  Represented bank group in multi-phase arbitration arising out of denial of contingency cost insurance claim by Lloyd’s London syndicate following default on loan made to viatical company.  Also negotiated settlement of arbitration, mediation and dozens of federal/state claims throughout country related to breach of contract allegations against managing general agent, captive insurer, their principals and various other entities.

■ Professional and Civic

  • Defense Research Institute (DRI), member (2004-Present); Climate Change Task Force (past chair); Toxic Tort & Environmental Law Committee (past chair, Climate Change SLG); Product Liability Committee (past chair, E-Discovery SLG); Technology Committee (past co-chair, Expert Witnesses); DRI Daubert Online (past editor, Second Circuit); Young Lawyers Committee (past chair, Publications)
  • Connecticut Bar Association, member
  • Katonah-Lewisboro School District, past member of Student Performance Metrics Committee
  • John Jay Youth Lacrosse, volunteer coach

■ Admissions

  • Super Lawyers, Rising Stars 2011, Class Actions & Mass Torts and Business Litigation, since 2013
  • National Institute for Trial Advocacy (NITA), Graduate, “Trial Techniques” program
  • William F. Levine Award, Excellence in trial advocacy
  • Judge Edward Hart Award, Excellence in trial advocacy

■ Education

Hofstra University School of Law
 ,JD
 ,1997
Hobart and William Smith College
 ,BA
 ,1994

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of June 5, 2023 5:29 pm
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