Ken Rubinstein


Education and Clerkships

J.D., Georgetown University Law Center, 1993

B.A., Queens College, 1990, magna cum laude

Bar Admissions

New York

Court Admissions

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. District Court for the Eastern District of New York

U.S. District Court for the Western District of New York

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of New York


Kenneth Rubinstein is an accomplished trial lawyer.  He has successfully tried numerous jury and non-jury cases before various federal and state courts, as well as before arbitration tribunals, covering a wide array of industries and subject matters. 

Ken’s practice is focused on representing the middle market and high net worth families and individuals.  His experience covers a broad spectrum including financial services, finance, real estate, and media.

Ken devotes much of his practice to litigation stemming from financial transactions and employment related matters. He routinely provides counsel in disputes arising out of financial transactions, partnerships, and those involving duties owed to shareholders or investors.  He is frequently retained by financial institutions and investment funds, as well as by executives and senior-level employees, to negotiate employment and separation agreements and to litigate post-employment restrictions, fiduciary duty, unfair competition, and discrimination matters.

Ken is always seeking the optimal result for his clients, whether by going to trial, engaging in alternative dispute resolution, or through early stage settlement negotiations.  He acts as de-facto outside general counsel to companies in various industries and is a trusted confidant looked to for advice on a wide range of matters.  He ensures that his clients’ needs are satisfied through his own efforts or through referrals to other firm attorneys with the needed experience.   

Ken joined Haynes and Boone in 2006 and is the longest tenured litigation partner in the New York office.  Since 2008, Ken has been recognized annually by his peers for inclusion in the Best Lawyers in America.



Haynes and Boone Client Awarded $2.5 Million In Damages and Fees Following Trial

On the heels of a Haynes and Boone, LLP victory at trial for its client Metroeb Realty 1, LLC, the Supreme Court, Kings County, New York issued a decision awarding Metroeb almost $2.5 million in damages, fees, and expenses.

Selected Client Representations

  • Representation of a publicly-held company engaged in the Internet auction business in a dispute against its former chief executive officer and an employee for breach of fiduciary duty and unfair competition which resulted in a jury verdict for the client on all claims.
  • Representation of a real estate concern which owns properties in Brooklyn, New York in a suit brought by a real estate developer seeking to enforce a signed agreement to purchase certain properties which resulted in the court issuing a decision, following trial, rejecting the agreement as not enforceable and allowing the client to sell the properties to the buyer of its choice.
  • Representation of a financial institution in an involuntary bankruptcy proceeding it commenced against a real estate investment fund which matter settled on highly favorable terms for the client following a trial before the United States Bankruptcy Court, District of Delaware.
  • Representation of several investment funds and the principal shareholders of a publicly traded entity against claims of securities fraud and insider trading which resulted in the District Court (S.D.N.Y.) dismissing all claims on a motion to dismiss. 
  • Representation of an international bank in litigation against an investment fund stemming from a credit facility used to purchase mortgages and real estate related loans which matter was settled after trial following the commencement of involuntary bankruptcy proceedings in Delaware bankruptcy court.
  • Representation of a warehouse and shipping company in a suit seeking a FLSA collective action and New Jersey state class action based on alleged wage and overtime violations which resulted in a finding by the District Court rejecting plaintiff’s attempt to certify the class.
  • Successfully represented a client in the medical waste disposal business in defeating a motion seeking class certification for claims under the Telephone Consumer Protection Act (TCPA).
  • Successful defense of a Latin American corporation against claims of commercial bribery, fraud, and aiding and abetting breach of fiduciary duty in a two-week jury trial in New York Supreme Court.
  • Representation of an investment vehicle in litigation concerning a break-up fee from the attempted acquisition of a subsidiary of a publicly traded entity involved in coal mining operations which resulted in a settlement on favorable terms to the client during discovery.
  • Representation of a former Tyco executive in an SEC action alleging securities and accounting fraud which matter was settled on favorable terms to the client during discovery. 
  • Representation of an investment fund based in India in litigation involving a real estate investment in Mississippi which resulted in the District Court (S.D.N.Y.) granting summary judgment and awarding the client more than $15 million in damages.
  • Representation of a minority shareholder of a clothing manufacturer in an action seeking payment pursuant to, among other things, certain appraisal rights which resulted in the client receiving the majority of the consideration from the sale of the company. 
  • Representation of a former Tyco executive in a dispute related to an oral severance arrangement negotiated with L. Dennis Kozlowski which resulted in the Court (S.D.N.Y.) determining, following trial, that a valid and enforceable agreement existed and awarding damages based on such agreement. 
  • Obtained a dismissal, based on lack of personal jurisdiction, for a Latin American entity and its principal shareholder and CEO against claims of fraud stemming from an alleged commercial bribery scheme.
  • Representation of an apparel industry executive against claims of RICO violations, fraud, tortious interference, unfair competition, Federal Computer Fraud and Abuse Act and Penal Law violations in two actions in which the Court granted various motions resulting in a dismissal of all claims. 
  • Representation of a group of mutual funds in a Delaware appraisal rights proceeding which resulted in the clients receiving a 50% premium to the original merger consideration in a settlement reached on the eve of trial. 
  • Representation of a national bank against a municipality in a dispute related to a municipal leasing agreement which resulted in the Court awarding judgment to the client after trial. 
  • Representation of former directors of a privately-held entity against claims of breach of fiduciary duty and tortious interference in a two-week jury trial in the United States District Court for the Eastern District of Pennsylvania which resulted in a finding for the directors on the primary matter at issue. 
  • Representation of a shareholder in a shareholder-deadlock suit involving a foreign subsidiary of a New Jersey corporation which resulted in the Court, after trial, entering judgment for the client granting sole control and ownership of both the parent corporation and its subsidiary. 
  • Representation of an investment vehicle that purchased securities from a broker-dealer in a bankruptcy sale against claims of securities fraud which resulted in summary judgment being awarded by the Bankruptcy Court dismissing the claims following the completion of discovery. 
  • Representation of an investment fund in a Section 16(b) "short-swing profit" dispute in which the Second Circuit Court of Appeals reversed a District Court decision and awarded summary judgment to the investment fund. 
  • Representation of a privately-held company engaged in the warehousing and transportation business against class action claims related to alleged wage and overtime violations which resulted in the Court dismissing all class-based allegations.


Best Lawyers

Best Lawyers in America 2015

Best Lawyers in America®, an annual referral guide listing outstanding lawyers throughout the U.S., has once again recognized Haynes and Boone, LLP lawyers. This year, 56 of the firm's practices were listed in the guide.

Published by Woodward/White, Inc. in August 2014

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