Daniel Rubens is a partner in the firm's Litigation Group and Supreme Court and Appellate Practice.  He handles high stakes appeals for clients in the financial services and technology sectors, among other industries.

Danny's practice focuses on appellate litigation.  He has served as lead drafter on dozens of briefs in appellate tribunals across the country, including the U.S. Supreme Court, and regularly argues appeals in state and federal courts.  Danny has extensive trial litigation experience as well, with an emphasis on dispositive motions, preserving appellate issues, and developing creative legal strategies. His work has covered a wide range of subject areas, including securities, bankruptcy, intellectual property, arbitration, and complex commercial litigation.

Danny is a member of the Second Circuit's pro bono panel and maintains an active pro bono practice focusing on criminal, immigration, and LGBTQ+ rights matters.  He was recently recognized by the National LGBT Bar Association as a "Best LGBTQ+ Lawyer Under 40."

Before joining Orrick, Danny served as a law clerk to U.S. Supreme Court Justice Ruth Bader Ginsburg, Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit, and Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York.  Following his clerkships, he was selected to represent the American Inns of Court as a Temple Bar Scholar in London.

  • Securities, Bankruptcy, and Commercial Litigation Matters:

    • In re Ocean Rig UDW Inc. (2d Cir.; S.D.N.Y.): Obtained dismissal of bankruptcy appeal challenging international offshore drilling company's $3.7 billion restructuring.
    • U.S. Bank v. DLJ Mortgage Capital; MBIA v. Credit Suisse (N.Y. Ct. of Appeals; N.Y. App. Div., 1st Dep’t): Represent Credit Suisse in appeals stemming from multibillion-dollar lawsuits brought by RMBS trustees and monoline insurers.
    • FHFA v. Nomura (S. Ct.; 2d Cir.): Represented Royal Bank of Scotland in challenge to an $806 million judgment on FHFA’s claims that residential mortgage-backed securities (RMBS) offerings violated the Securities Act.
    • Sberbank of Russia v. Traisman (2d Cir.): Briefed and argued action to enforce commercial loan guaranty agreements, resulting in affirmance of dismissal of guarantor’s primary defense.
    • Zech Capital v. Ernst & Young Hua Ming (2d Cir.): Successfully preserved district court’s Rule 12(b)(6) dismissal of securities fraud claims challenging an audit opinion regarding a China-based oil extraction company.
    • In re Motors Liquidation (N.Y. App. Div., 1st Dep’t): Represented JPMorgan Chase in bankruptcy appeal arising from the erroneous termination of principal security interest backing a $1.5 billion loan to GM.

    Patent Matters:

    • EVE-USA, Inc. v. Mentor Graphics Corp. (U.S.; Fed. Cir.): Represented Synopsys in appeal challenging $36 million lost profits award in patent infringement litigation involving emulation technology.
    • PPC Broadband v. Corning Optical Communications RF LLC (Fed. Cir.): Represented Corning in appeal challenging $60 million patent infringement verdict in litigation involving coaxial cable connectors.

    Supreme Court Matters:

    • Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission: Served as counsel of record for amicus brief on behalf of corporate law professors.
    • United States v. Hughes: Drafted merits briefs addressing precedential status of fragmented Supreme Court decisions and eligibility for federal resentencing.
    • City of Hays, Kansas v. Vogt: Drafted merits brief arguing that Fifth Amendment's Self-Incrimination Clause should apply to preliminary hearings.

    Other Pro Bono Matters:

    • Flores v. Sessions (2d Cir.): Brief immigration appeal concerning agency's classification of an offense as a crime involving moral turpitude.
    • Montero v. Sessions (2d Cir.): Brief immigration appeal challenging denial of relief under Convention Against Torture.
    • People v. Tapia (N.Y.): Briefed and argued appeal challenging defendant’s conviction of attempted first-degree assault.


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