Daniel M. Benjamin

Attorney

Biography

Dan Benjamin is a versatile litigator who leverages his broad experience in investigating fraudulent conduct and in recovering hidden assets to help clients involved in civil litigation and business disputes. He has practiced in extensively in state and federal courts in California and the Pacific Islands.

Mr. Benjamin’s work encompasses class action defense, real estate disputes, regulatory litigation, commercial and federal receiverships, and general commercial litigation. He has been remarkably successful in defending class actions at the trial court and on appeal. As a former Ninth Circuit law clerk, Mr. Benjamin is often called on to assist in state and federal appeals.

Experience

Mr. Benjamin’s recent representations include acting as lead attorney in obtaining dismissals with prejudice of competing class and mass tort securities actions seeking hundreds of millions of dollars in damages against his client in a major hotel condominium development. He also helped secure the recent dismissal of a major utility from a class action concerning millions of residents affected by a blackout that struck four counties in Southern California in 2011. He is actively litigating numerous other consumer class actions and has successfully litigated others through dismissal, appeal, and favorable settlements.

Mr. Benjamin’s real estate, commercial, and financial litigation experience also includes a cross-border, multibillion-dollar lender liability suit involving an international developer that settled in his client’s favor; successful representation of a client in a failed multimillion-dollar real estate partnership; and securing commercial receiverships on behalf of financial institutions and special servicers.

Mr. Benjamin frequently represents federal receivers in Securities and Exchange Commission and Federal Trade Commission actions, and has recovered millions on behalf of defrauded parties.

In the Pacific Islands, Mr. Benjamin previously served as outside counsel for the governor of a Pacific Islands territory in a number of matters, including obtaining the successful resolution of competing class actions seeking over $300 million from that territory’s government and dismissal with prejudice of several other sizeable class actions. His diverse experience in the region also includes the successful representations of minority shareholders in one of the largest hotels in Saipan, and representation of a leading bank in the region in claims concerning its former fiduciaries. Mr. Benjamin has appeared pro hac throughout Micronesia, securing a multimillion-dollar settlement on his client’s behalf with the Federated States of Micronesia.

In the public-interest arena, Mr. Benjamin represents the family and estate of a woman who died after being shot by her husband, a sheriff’s deputy. He served as the lead attorney in successfully briefing and arguing two simultaneous appeals in that case, with the Ninth Circuit ruling in favor of his clients in both appeals in a decision published as Maxwell v. County of San Diego, 708 F.3d 1075 (9th Cir. 2013).

Credentials

Admissions

  • California
  • U.S. District Courts for the Southern, Central, and Northern Districts of California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Supreme Court
  • Territory of Guam (inactive)
  • Commonwealth of the Northern Mariana Islands (inactive)

Professional Activities

  • National Association of Federal Equity Receivers, Best Practices and Amicus Committees (current)
  • United States District Court, Southern District Of California, Prisoner Litigation Committee (current)
  • San Diego County Bar Association
  • National LGBT Bar Association, Membership Committee (2012-2014)
  • Board Member, American Board of Trial Lawyers, San Diego Chapter (2009-2012)