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Joe DiBenedetto

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Joe DiBenedetto was a New York-based commercial litigator who recently retired as a Capital Partner at Winston & Strawn LLP. Winston is an international law firm with over 850 lawyers in 18 offices throughout the United States, Asia, and Europe. He held various management positions at Winston and its predecessor firm, Cole and Deitz, including Chair of the N.Y. Litigation Department and service on the Management, Litigation Steering, and Recruiting Committees. DiBenedetto represented both plaintiffs and defendants in federal and state courts throughout the country. DiBenedetto retired from Winston in February 2016, and formed JDB Mediation LLC, a firm specializing in alternative dispute resolution through mediation and arbitration.

Legal Career

DiBenedetto has been a member of the New York bar since 1971, and is admitted to practice in courts around the country, including: New York Supreme Court, Second Department (1971); New York Court of Appeals (1980); United States District Courts, Southern District of New York (1972), and Eastern District of New York (1972); Second Circuit Court of Appeals (1988); Third Circuit Court of Appeals (1994); Seventh Circuit Court of Appeals (2008); Federal Circuit Court of Appeals (2002); and the Judicial Panel on Multidistrict Litigation (1973).

High Profile Cases

  • Represented NBA Point Guard Erick Barkley when the NCAA unsuccessfully attempted to strip him of eligibility to play for the nationally ranked St. John’s Red Storm.[1]
  • Represented Oakley Inc. in its suit against professional golfer Rory McIlroy for violating Oakley’s right of first refusal when he signed a sponsorship deal with Nike Inc.[2]
  • Represented Carl Icahn and his affiliated companies in their tender offer for the stock of LionsGate Entertainment Corp and a related proxy fight to elect their nominees to the LionsGate Board of Directors.[3]
  • Represented North Shore Hospital in a high-profile case involving the husband of a comatose wife who sought to terminate her pregnancy over the objection of her parents.[4]
  • Represented a major New York City developer in a dispute over the sale of a Wall Street office tower, once the home of troubled insurer American International Group Inc.[5]
  • Represented designer Todd Oldham in his dispute with Old Navy Inc. over the termination of a clothing brand deal.[6]
  • Represented National Westminster Bank USA in its successful foreclosure and sale of Victor Kiam’s ownership interest in the NFL Boston Patriots franchise.[7]
  • Represented Security Pacific National Bank in its successful foreclosure and sale of the iconic Crown Building against the Marcos Family, the Republic of the Philippines, and other claimants.[8]
  • Represented an environmental group and other citizens in several litigations which delayed the construction of a mass burn 990-ton-per-day waste incinerator in Port Washington, until the project was abandoned.[9]


DiBenedetto has lectured for the American Bar Association, the New York County Lawyers’ Association, the American Bankers Association, and various business and professional groups on a wide range of topics.

Media Appearances

Media stories concerning his practice have appeared in the New York Times, Wall Street Journal, Forbes Magazine, Manhattan Lawyer, New York Law Journal, Atlanta Journal-Constitution, Boston Globe, Bloomberg Law 360, Law.com, and other web, local, and national publications.

Affiliations

DiBenedetto has held officer and board positions in many different organizations throughout his career, including: Member, Board of Directors, St. John’s University School of Law Alumni Association President, St. John’s University Law Review Alumni Association Chairman, St. John’s University Law Review Alumni Advisory Committee Member of the American and New York State Bar Associations, Federal Bar Council, and New York County Lawyers’ Association, and served as co-chair and vice-chair of various committees and subcommittees thereof. President, Director, and Counsel, Residents for a More Beautiful Port Washington Director and Counsel, Manhasset Bay Estates Association Director, Port Washington Youth Soccer Club, Inc.

Publications

DiBenedetto has written many articles on commercial litigation, arbitration, and mediation, including:

“Arbitration”, New York Lawyers’ Deskbook and Formbook, First Edition et seq. (1989-2015, New York State Bar Association); “Joinder, Consolidation and Severance”, Haig, Commercial Litigation in New York State Courts, First through Fourth editions (1995-2015; New York County Lawyers Association and Thomson Reuters).

Individual Rules and Procedures of Judges in the United States District Courts for the Southern and Eastern Districts of New York (1983, Committee on Federal Courts, New York State Bar Association);

“An Outline for Arbitration Under the Civil Practice Law and Rules”, Albany Law Review (Spring 1984);
“Generator Liability Under the Common Law and Federal and State Statutes”, The Business Lawyer (February 1984);
“Arbitration Under New York Law”, New York Trial Lawyers’ Quarterly (Winter 1984);
“Injunction, Dismissal and Summary Judgment Motions”, Commercial Litigation in New York State Courts, New York County Lawyers Association (1987);
“Environmental Risk”, American Banker (1988);
“Pludeman, Relaxation of Fraud Pleading Requirements”, Outside Counsel, New York Law Journal (July 24, 2008); and various articles on mediation and arbitration, found at www.JDBMediation.com

Education

Joe DiBenedetto graduated with a B.A. with honors from St. John’s University and a J.D. from St. John’s University School of Law in 1970. He was Managing Editor of the St. John’s Law Review, and ranked 2nd in a class of 287. He has been an active member of the St. John’s University Alumni Association, and a longtime supporter of the St. John’s Red Storm basketball team.[10]

Personal

Joe DiBenedetto was born in the Red Hook Housing Project in 1946. His parents came from immigrant families, with his father spending much of his youth in Sicily. Neither parent was formally educated beyond elementary school, but emphasized the importance of education to both Joe DiBenedetto and his brother Robert DiBenedetto, who went on to become Chief of Staff at a major Savannah, Georgia hospital, and a Professor at the Mercer University School of Medicine.

DiBenedetto’s father, Saverio, worked as a longshoreman and a union garment worker, and later opened various small retail stores in New York City until his death in 1967. His mother, Margret, helped manage these stores, and is now retired, having reached 100 years of age in May 2016.

DiBenedetto attended Bishop Loughlin Memorial High School from 1963 to 1967 on a full scholarship. He was 16 years old when he graduated. He then attended St. John’s University from 1963 to 1967, and its School of Law from 1967 to 1970, both on a full scholarship.

DiBenedetto has been married since 1973, and raised two children in Port Washington, New York. His wife, Loretta Soden, who was born in Cavan, Ireland, taught at Mater Christi High School. Loretta was elected to two terms on the Port Washington School Board, and also served on the Baxter Estates Village Board of Trustees for many years. They now reside in Montauk, New York where DiBenedetto is an ardent fisherman.

He has been actively involved in environmental protection matters in his communities. He also coached two Division One Long Island junior soccer teams on which his daughter, Catherine and son, Michael played, in grades one through 12 in Port Washington, New York.

References

  1. Robbins, Lenn (February 2000). "Soph Guard's NBA Plans Still Up in the Air". New York Post.
  2. "Casetext". casetext.com. Archived from the original on 2016-11-29. Retrieved 2016-11-29.
  3. Rubenstein, Abigail. "Icahn Denies LionsGate's Claims Over MGM Dealings". www.law360.com.
  4. Times, Eric Schmitt, Special To The New York (1989-02-08). "L.I. Man Is Named Guardian Of Pregnant Comatose Wife". The New York Times. ISSN 0362-4331. Retrieved 2016-11-29.
  5. Schmitt, Eric. "NY Developer Sues Over Wall Street Tower Conversion". Law 360.
  6. "Gap Execs Spared Deposition In L-7, Old Navy Row - Law360". www.law360.com. Retrieved 2016-11-29.
  7. "SPORTS PEOPLE: PRO FOOTBALL; Patriots Stay in Court". The New York Times. 1991-11-13. ISSN 0362-4331. Retrieved 2016-11-29.
  8. Dunlap, David W. (1991-01-13). "Commercial Property: The Bernstein Brothers; A Tangled Tale of Americas Towers and the Crown". The New York Times. ISSN 0362-4331. Retrieved 2016-11-29.
  9. "Debate Continues on Proposed Senior Housing by Harbor Homes". Port Washington, NY Patch. Retrieved 2016-11-29.
  10. Vecsey, George (2010-03-30). "For College Basketball Coaches, It's Hop On and Hold On". The New York Times. ISSN 0362-4331. Retrieved 2016-11-29.


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