Joe DiBenedetto

Joe DiBenedetto was a New York based commercial litigator who recently retired as a Capital Partner at Winston & Strawn LLP. Winston is an international law firm with over 850 lawyers in 18 offices throughout the United States, Asia, and Europe. He held various positions in management at Winston and its predecessor firm, Cole and Deitz, including Chair of the N.Y. Litigation Department and service on the Management, Litigation Steering, and Recruiting Committees.
DiBenedetto represented both plaintiffs and defendants in federal and state courts throughout the country, with cases spanning virtually every economic sector, and clients ranging from small closely-held family businesses, to multinational and publicly traded companies. He handled a diverse caseload including disputes involving accounting, banking, business torts, contract disputes, class actions, insurance, professional liability, real estate, and the securities laws.
DiBenedetto retired from Winston in February 2016, and formed JDB Mediation LLC, a firm specializing in alternative dispute resolution through mediation and arbitration. He has mediated over forty cases to date, and been appointed to several arbitration panels.
Legal Career
DiBenedetto has been a member of the New York bar since 1971, and is admitted to practice in courts around the country, including: New York Supreme Court, Second Department 1971; New York Court of Appeals 1980; United States District Courts, Southern District of New York 1972, and Eastern District of New York 1972; Second Circuit Court of Appeals 1988; Third Circuit Court of Appeals 1994; Seventh Circuit Court of Appeals 2008; Federal Circuit Court of Appeals 2002; and the Judicial Panel on Multidistrict Litigation 1973. He has been admitted pro hac vice in various district and state courts, including California, Illinois, Florida, New Jersey, Indiana, Pennsylvania, Delaware, and Tennessee.
High Profile Cases
• Represented NBA Point Guard Erick Barkley when the NCAA unsuccessfully attempted to strip him of eligibility to play for the nationally ranked St John’s Red Storm.
• Represented Oakley Inc. in its suit against pro golfer Rory McIlroy for violating Oakley’s right of first refusal when he signed a sponsorship deal with Nike Inc.
• Represented Carl Icahn and his affiliated companies in their tender offer for the stock of LionsGate Entertainment Corp and a related proxy fight to elect their nominees to the LionsGate Board of Directors.
• Represented North Shore Hospital in a high profile case involving the husband of a comatose wife who sought to terminate her pregnancy over the objection of her parents.
• Represented a major New York City developer in a dispute over the sale of a Wall Street office tower, once the home of troubled insurer American International Group Inc.
• Represented designer Todd Oldham in his dispute with Old Navy Inc. over the termination of a clothing brand deal.
• Represented National Westminster Bank USA in its successful foreclosure and sale of Victor Kiam’s ownership interest in the NFL Boston Patriots franchise.
• Represented Security Pacific National Bank in its successful foreclosure and sale of the iconic Crown Building against the Marcos Family, the Republic of the Philippines, and other claimants.
• Represented an environmental group and other citizens in several litigations which delayed the construction of a mass burn 990 ton per day waste incinerator in Port Washington, until the project was abandoned.
• Subject of a Forbes article entitled “Fraudbusters” detailing his experience in detecting financial fraud, and the successful recovery of several hundred million dollars for major banks.
DiBenedetto has lectured for the American Bar Association, the New York County Lawyer’s Association, the American Banker’s Association, and various business and professional groups on a wide range of topics, including mediation, blanket bond and fidelity coverage, lender liability, white collar crime, environmental issues, budgeting for litigation, motion practice under the CPLR, lender fraud audits, and commercial mortgage foreclosures.
Media Appearances
Media stories concerning his practice have appeared in the New York Times, Wall Street Journal, Forbes Magazine, Manhattan Lawyer, New York Law Journal, Atlanta Journal-Constitution, Boston Globe, Bloomberg Law 360, Law.com and other web, local and national publications. He has appeared on CNN, CNBC, and other cable stations to discuss various legal issues and developments.
Affiliations
DiBenedetto has held officer and board positions in many different organizations throughout his career, including:
Member, Board of Directors, St. John’s University School of Law Alumni Association
President, St. John’s University Law Review Alumni Association
Chairman, St. John’s University Law Review Alumni Advisory Committee
Member of the American and New York State Bar Associations, Federal Bar
Council, and New York County Lawyers’ Association, and served as co-chair and
vice-chair of various committees and sub-committees thereof.
President, Director, and Counsel, Residents for a More Beautiful Port Washington
Director and Counsel, Manhasset Bay Estates Association
Director, Port Washington Youth Soccer Club, Inc.
Director and Founder, Port Washington Girls’ Basketball League
Member, Port Washington Yacht Club
Member, Montauk Lake Club
Member, Concerned Citizens of Montauk
Publications
DiBenedetto has written many articles on commercial litigation, arbitration and mediation, including:
“Arbitration”, New York Lawyer’s Deskbook and Formbook, First Edition et seq. (1989-2015, New York State Bar Association); “Joinder, Consolidation and Severance”, Haig, Commercial Litigation in New York State Courts, First through Fourth editions (1995-2015; New York County Lawyers Association and Thomson Reuters).
Individual Rules and Procedures of Judges in the United States District Courts for the Southern and Eastern Districts of New York (1983, Committee on Federal Courts, New York State Bar Association);
“An Outline for Arbitration Under the Civil Practice Law and Rules”, Albany Law Review (Spring 1984);
“Generator Liability Under the Common Law and Federal and State Statutes”, The Business Lawyer (February 1984);
“Arbitration Under New York Law”, New York Trial Lawyers’ Quarterly (Winter 1984);
“Injunction, Dismissal and Summary Judgment Motions”, Commercial Litigation in New York State Courts, New York County Lawyers Association (1987);
“Environmental Risk”, American Banker (1988);
“Pludeman, Relaxation of Fraud Pleading Requirements”, Outside Counsel, New York Law Journal (7/24/2008); and various articles on mediation and arbitration, found at www.JDBMediation.com
Education
Joe DiBenedetto graduated with a B.A. with honors, from St. John’s University, and a J.D. from St. John’s University School of Law in 1970. He was Managing Editor of the St. John’s Law Review, and ranked 2nd in a class of 287. He has been an active member of the St. John’s University Alumni Association, and a longtime supporter of the St. John’s Red Storm basketball team.
Personal
Joe DiBenedetto was born in the Red Hook Housing Project in 1946. His parents were born of immigrant families, with his father spending much of his youth in Sicily. Neither parent was formally educated beyond elementary school, but emphasized the importance of education to both Joe DiBenedetto and his brother Robert DiBenedetto, who went on to become a physician, author, Chief of Staff at a major Savannah, Georgia hospital, and a Professor at the University of Georgia Medical School.
DiBenedetto’s father, Saverio, worked as a longshoreman, a union garment worker, and later opened and operated various small retail stores in New York City until his death in 1967. His mother Margret helped manage these stores, and is now retired, having reached 100 years of age in May 2016.
DiBenedetto attended Bishop Loughlin Memorial High School during 1963-67 on full scholarship. He credits the training he received at Loughlin with much of the success he achieved. He was 16 when he graduated Loughlin. He then attended St. John’s University in 1963-67, and its School of Law during 1967-70, both on full scholarship. During his college years, DiBenedetto worked full time as an investigator for the N.Y. State Fund on workmen’s compensation claims.
DiBenedetto has been married since 1973, and raised two children in Port Washington, New York. His wife, Loretta Soden, who was born in Cavan, Ireland, taught at Mater Christi High School. Loretta was elected to two terms on the Port Washington School Board, and also served on the Baxter Estates Village Board of Trustees for many years. They now reside in Montauk, New York where DiBenedetto is an ardent fisherman.
He has been actively involved in environmental protection matters in his communities. He also coached two Division One Long Island junior soccer teams on which his daughter, Catherine and son, Michael played, in grades one through 12. Both teams won various league and tournament championships throughout those years, and his daughter went on to play varsity soccer at Middlebury College. The entire family remains fervent soccer fans.

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