Daniel Rubens is a partner in the firm's Litigation Group and Supreme Court and Appellate Practice. He handles high stakes appeals and critical motions in courts across the nation, with a focus on the financial services and technology sectors.

Danny's practice focuses on appellate litigation. He has led the drafting on dozens of appellate briefs, 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.

Danny’s work has covered a wide range of subject areas, including securities, bankruptcy, intellectual property, arbitration, and complex commercial litigation. He has deep expertise in appeals and critical motions in financial services litigation, and in recent years has played a key role in representing financial institutions in major RMBS cases brought by trustees, investors, and monoline insurers. Danny is also an experienced bankruptcy litigator, having represented various debtors and creditors in fraudulent transfer cases and other contested insolvency-related matters involving U.S. and foreign law.

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:

    • Represent Credit Suisse and Goldman Sachs in lawsuits brought by RMBS trustees and monoline insurers; brief and argue important RMBS appeals and critical motions in state and federal courts, including New York’s highest court, involving significant questions of contract law, civil practice, and state securities law.
    • Successfully briefed and argued Second Circuit bankruptcy appeal involving challenges to international offshore drilling company's $3.7 billion restructuring.
    • Represented international bank client in appeal challenging significant RMBS judgment on securities law claims brought by federal agency.
    • Successfully briefed and argued Second Circuit appeal concerning enforcement international bank client’s commercial loan guaranty agreements, resulting in affirmance of dismissal of guarantor’s primary defense.
    • Led briefing of appeal that preserved dismissal of securities fraud claims challenging an international accounting firm’s audit opinion.
    • Represented major financial services firm in bankruptcy appeal arising from the erroneous termination of principal security interest backing a $1.5 billion loan.

    Patent Matters:

    • Represented several leading technology companies in various high-stakes Federal Circuit patent appeals.

    Supreme Court and Pro Bono Matters:

    • Served as counsel of record for amicus briefs in several recent LGBTQ rights cases in the U.S. Supreme Court.
    • Served as lead drafter of Supreme Court merits briefs in cases concerning eligibility for federal resentencing and the Fifth Amendment's Self-Incrimination Clause.
    • Successfully briefed Second Circuit immigration appeal challenging agency's classification of an offense as a crime involving moral turpitude.
    • Briefed and argued criminal appeal in New York’s highest court challenging defendant’s conviction of attempted first-degree assault, and served as lead counsel for resulting cert. petition.

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