Benjamin P. Argyle

Counsel
Argyle Benjamin

Benjamin Argyle concentrates his practice on efficient and effective dispute management. As an accomplished commercial litigator, Benjamin works with clients in a variety of industries, including financial services, food and agriculture, healthcare, government contractors, insurance, nonprofit, government, and construction. He regularly appears in state and federal courts in insurance, class action, corporate governance, construction, and commercial dispute proceedings.

Benjamin has also advised clients and written extensively on New York's Freedom of Information Law (FOIL). His recommendations for amending the FOIL statute have been introduced as bills in the New York State Assembly and Senate.

Experience

Representative Matters

Litigation Matters

  • Prosecuted, as lead trial counsel for a religious nonprofit property owner, a multi-party construction arbitration that resulted in a 94% reduction in contractor's claims and an apology to the client from the contractor on the witness stand
  • Secured a nearly $30 million judgment on an unpaid promissory note, affirmed on appeal. International Fin. Grp. v. Hambrecht, 162 N.Y.S.3d 725 (1st Dep't 2022)
  • Successfully represented Ideanomics Inc. in obtaining a judgment by confession for $16.3 million after bringing a motion for summary judgment in lieu of complaint on a defaulted promissory note. Ideanomics, Inc. v. Silk EV Cayman LP, 651668/2022 and 652937/2022 (N.Y. Sup. Ct. Comm. Div. 2022)
  • Providing strategic advice to a public company in its securities law proceedings arising out of multi-year proxy contests
  • Representing a shipping logistics company in an arbitration with claims regarding a vendor's failed software development
  • Defending a major producer of poultry products against putative antitrust class action, opt-out, and attorney general lawsuits in multiple venues, alleging illegal price-fixing conspiracies in the poultry industry
  • Obtained dismissal of all claims, and secured sanctions against party bringing them, on behalf of a religious corporation client
  • Successfully defended a state agency against breach of contract and tort claims brought by a disaster recovery vendor. ProSource Technologies, LLC v. Housing Trust Fund Corp., No. 5972-14, 2015 WL 5797028 (N.Y. Sup. Ct. Comm. Div. Oct. 2, 2015)
  • Defeated an emergency injunction and secured complete dismissal of the entire action for a prominent equipment rental company in connection with a government bid protest
  • Successfully prosecuted and defended against multiple lis pendens and mechanics' lien disputes, and the underlying breach of construction contract claims, for claims ranging from $500 to $30 million
  • Part of a cross-office litigation team that represented generic pharmaceutical companies against multidistrict antitrust class action lawsuits alleging price-fixing claims under the Sherman Act
  • Successfully drove, structured, and negotiated a favorable settlement for a private equity fund's portfolio company, where suit was brought over a contract dispute conveniently timed with the company's latest round of funding
  • Defended a trustee in a will interpretation dispute in the New York Surrogate's Court
  • Outside counsel to religious and cultural not-for-profits in resolving real estate development and construction disputes

Insurance Matters

  • Counsels construction industry clients on insurance matters, particularly as to builders' all-risk insurance policies and construction defects (LEG 1/96, 2/96, 3/06, and similar) exclusions
  • Devises coverage arguments and claims strategies for clients on business interruption and similar coverages for losses caused by coronavirus
  • Provides coverage analyses on the intersection of general liability, builders' all-risk, property and casualty, and professional malpractice insurance portfolios
  • Represented a maritime parts manufacturer in a "historical lost policy" insurance archaeology coverage dispute seeking coverage for 60+-year-old asbestos claims

Insights

Credentials
+

Education

  • J.D. magna cum laude Brooklyn Law School 2014
  • B.A. Syracuse University 2006

Bar Admissions

  • New York

Court Admissions

  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Recognition
+

  • The Best Lawyers in America, Ones to Watch, 2021 – 2023

Community
+

Pro Bono

  • Maintains an active pro bono practice representing asylum applicants fleeing sexual-orientation persecution