Benjamin F. Heidlage

Benjamin Heidlage regularly works on the most complex legal problems confronting his clients with national importance. He has been deeply involved in disputes stemming from the country’s most serious challenges of the 21st century: the collapse of the housing market, the opioid crisis, and the Covid-19 pandemic.  

Leveraging a broad breadth of experience across a range of complex commercial litigation matters, Ben represents both individuals and corporations in contract, insurance, securities and antitrust disputes in state and federal courts and arbitral tribunals.

Ben has been heavily involved in recent litigation by lenders and bondholders challenging multibillion-dollar liability management transactions, including representing Petsmart, Travelport and Incora bondholders. Ben’s recent matters also include representing Chubb in insurance coverage disputes, including nationwide disputes related to the opioid crisis, Visa in the payment card antitrust litigation, and representing banks as trustees or securities administrators in various RMBS putback matters in state and federal courts, including as a member of the team representing the trustees as a lead trial counsel in the Lehman bankruptcy.  

Ben also was a member of the HSG trial team representing a MacAndrews & Forbes company in a massive antitrust claim against News Corp. in one of the first civil jury trials following the COVID-19 shutdown. After a three-week jury trial, the case settled for a confidential amount during jury deliberations.    

Ben devotes a substantial amount of time to pro bono work, focusing on immigration matters, including on behalf of a family separated during the Trump administration’s family separation policy and immigrants detained during the pandemic. He is an active participant in HSG’s formal mentoring program where he regularly provides insight and guidance to future leaders in the legal industry. Ben also serves as a liaison between associates and partners, ensuring that associates’ collective voice is heard throughout the firm.

Ben was named to the 2023 and 2024 Lawdragon 500 X – The Next Generation lists and was named an Elite Boutique Trailblazer by The National Law Journal in 2022. He has also been recognized on Benchmark Litigation’s 40 & Under List since 2018 and as a Rising Star by New York Metro Super Lawyers since 2015.

Noteworthy

• Recognized as a 2024 Super Lawyer by New York Metro Super Lawyers
• Named to Benchmark Litigation National 40 & Under List
• Named to the 2023 and 2024 Lawdragon 500 X – The Next Generation List
• Named to the Benchmark Litigation 40 & Under Hot List since 2018
• Recognized as a Rising Star by New York Metro Super Lawyers since 2015

Notable Cases

• Valassis, a MacAndrews & Forbes company, as plaintiff in litigation against News Corp. and its subsidiaries alleging federal and state antitrust violations, unfair competition, and tortious interference seeking more than $600 million in damages. Valassis defeated summary judgment and then reached a confidential settlement during jury deliberations following a nearly three-week jury trial in the Southern District of New York in July 2021.
• Various affiliates of Chubb in nationwide litigation with manufacturers and distributors of opioids, and national pharmacy chains that sold opioids, over insurance coverage for over 3,000 lawsuits brought by governmental entities across the country. HSG is national trial counsel to Chubb in opioid coverage litigation.
• Travelport, a next-generation travel booking platform, in a COVID-19-related dispute with lenders under a $3 billion credit agreement.
• PetSmart in a covenants dispute with lenders regarding $8 billion in debt obligations.
• Editis, Interforum and their parent company Vivendi, in litigation in New York state court.
• A Japanese pharmaceutical company in an ICC arbitration arising from its acquisition of a Mexican company of pharmaceuticals and over-the-counter products.
• Various banks as trustee or securities administrator in RMBS put-back actions, each involving hundreds of millions of dollars.
• Visa Inc. and its subsidiaries in several matters, including its defense against dozens of antitrust actions brought by hundreds of merchants who have opted out of a multibillion-dollar class settlement.
• Drafted amici curiae briefs in state and federal appellate courts, including on behalf of Foursquare, Kickstarter, Meetup, and Tumblr in an appeal challenging the constitutionality of bulk search warrants issued by the Manhattan D.A.’s office (N.Y. Court of Appeals).
• Paper company in trial and Seventh Circuit appeal of CERCLA enforcement action concerning remediation of Wisconsin’s Fox River, as well as in related actions.
• Special committee of the board in Delaware shareholder litigation brought in response to an acquisition in which a controlling shareholder received a premium relative to other shareholders.
• Advised a major U.S.-based telecommunications company in connection with an antitrust investigation by the Korea Fair Trade Commission and litigation in South Korean courts.
• Utility in consumer class action tort litigation.

Writings

• “Introduction to the Restatement of the U.S. Law of International Commercial and Investor-State Arbitration at New York Arbitration Week” New York Law Journal (November 25, 2019)
• “A Relational Approach to Schools’ Regulation of Youth Online Speech,” 84 New York University Law Review 572 (2009)
• “Limiting the Scarlet @: Daniel Solove’s The Future of Reputation,” 83 New York University Law Review 982 (2008)