Benjamin h. klein - partner
Southern District of New York
Eastern District of New York
District of Vermont
Second Circuit Court of Appeals
University of Michigan Law School, J.D. Contributing Editor, Michigan Law Review
Georgetown University - School of Foreign Service, B.S.
American Bar Association – Member, Section of Air & Space Law
City Bar Association of New York- Member, Aeronautics Committee
Lawyer-Pilots Bar Association
International Air & Transportation Safety Bar Association
Recent Speaking Engagements
Moderator: Who Needs Pilots? The Future of Commercial Unmanned Aircraft Systems and Their Regulation: International Air and Transportation Safety Bar Association Annual Conference - November 2014
Panelist: Unmanned Aerial Vehicles: The Law, Technology & Social Implications: New York City Bar Association - April 23, 2015
Speaker: Not So Sweet Part 16: Representing Aeronautical Service Providers in FAA-Assisted Airport Enforcement Proceedings: Lawyer Pilot Bar Association Summer Meeting - July 25, 2015
Ben Klein, a veteran of New York City’s top law firms, is a litigator with a practice focused on commercial disputes and aviation litigation and regulatory matters. His clients have included prominent companies in the aerospace and defense industries, large financial institutions, as well as small businesses and individuals. Ben has won multiple victories at trial, but more importantly, frequently helps his clients strategize their way to victory without the necessity of prolonged litigation, before legal costs get out of hand.
Prior to forming Gross & Klein, Ben clerked for the Honorable Bruce W. Kauffman of the United States District Court for the Eastern District of Pennsylvania, and was an associate with both Paul, Weiss, Rifkind Wharton and Garrison LLP, and Davis Polk and Wardwell LLP, located in in New York City. At Paul Weiss, Ben participated in internal investigations of large multinational corporations, and defended Fortune 100 companies in complex securities litigation.
As a longtime pilot, Ben brings his considerable aviation experience to bear when representing pilots, air carriers, and others in the aviation industry in litigation and regulatory proceedings nationwide. Ben is a member of the leading aviation and national bar associations, and often presents on aviation law related topics at conferences throughout the country.
Representative Litigation Matters
- New York State Supreme Court, Commercial Division - Representing seed investor in large investment advisory company in a freeze-out suit seeking return of equity that was subject to wrongful clawback and/or damages
- Texas State Court - Defended avionics manufacturer in jury trial in Harris County, Texas. Won complete defense verdict on behalf of client.
- Federal Court, District of Vermont - Represented large aircraft broker in lawsuit against Norwegian-based helicopter operator for breach of contract and other claims. Achieved favorable settlement for client.
- International Centre for Dispute Resolution - Represented UK-based internet retailer in arbitration before International Centre for Dispute Resolution.
- Federal Court, District of Oklahoma - Represented aircraft purchaser in suit against the world's largest manufacturer of civilian helicopters in matter alleging fraud, conspiracy, and breach of contract. Achieved favorable settlement for client.
- Federal Court, District of Vermont - Defended aircraft maintenance company in case brought by one of the largest providers of emergency helicopter services in the United States. Plaintiff agreed to drop case after oral argument on motion to dismiss.
- Federal Court, Central District of Florida - Won dismissal of lawsuit against aircraft surplus company brought by one of the largest military contractors.
- Vermont State Court - Defended employer in suit brought by former employee alleging wage and hour violations as well as breach of contract.
- Federal Court, Southern District of Texas - Represented one of the world's largest financial institutions in Enron shareholder class action litigation.
Representative Aviation Regulatory Matters
- FAA Airport Compliance - Filed FAA Part 16 Complaint against an international airport on behalf of FBO. Complaint alleges that airport violated federal grant assurances by allowing monopoly over FBO services.
- FAA Enforcement - Represented pilots of charter operator in FAA enforcement proceeding following allegations of improper compliance with recordkeeping and training obligations.
- DOT - Applied for DOT commuter air carrier authority on behalf of the largest provider of on-demand helicopter services in the New York tristate area.
- FAA Enforcement - Defended pilot in FAA enforcement proceeding after pilot allegedly breached presidential TFR.
- FAA Airport Compliance - Filed Part 16 Complaint on behalf of FBO against Seattle reliever airport, KRNT. Complaint alleges that KRNT violated grant assurances by discriminating against FBO in favor the Boeing Corporation.
- FAA Enforcement - Represented pilot in potential FAA enforcement action after lost communications in the DC SFRA resulted in F-16 intercept.