Daniel A. Rubens


New York

Daniel Rubens 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, class actions, and criminal law. He has a deep understanding of 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. His financial services clients include Credit Suisse, Goldman Sachs, Mr. Cooper, and Ocwen. He also represents leading technology companies in precedent-setting cases involving antitrust law and ballot initiatives, as well as other complex commercial litigation.  In addition, Danny is 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, racial justice, and LGBTQ+ rights matters in the Supreme Court and other appellate courts. He was recently recognized by the National LGBTQ+ Bar Association as a “Best LGBTQ+ Lawyer Under 40,” by the New York Law Journal as a Rising Star, and by LawDragon in its inaugural 500 X – The Next Generation listing.  As part of his commitment to diversity, equity, and inclusion, Danny serves as a mentor for The Appellate Project, an organization focused on empowering law students of color to thrive in the appellate field. He has also served as an Orrick ambassador for the Move The Needle Fund, a collaborative effort designed by Diversity Lab to create a more diverse and inclusive legal profession.

Before joining Orrick, Danny served as a law clerk to U.S. Supreme Court Justice Ruth Bader Ginsburg, 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 Financial Services 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.

    Technology and IP Matters:

    • Represent Instacart in litigation involving state and local ballot initiatives targeting "gig economy" companies.
    • Represent automotive parts remanufacturer in trade secret appeal in Pennsylvania appellate court.
    • Represented leading consumer technology company in high-profile litigation involving novel antitrust theories.
    • 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.