Areas of Practice
Benjamin N. Cardozo School of Law, J.D., magna cum laude; Order of the Coif, 2010; Head de novo Editor, Cardozo Law Review; Teaching Assistant, Criminal Trial Practice & Torts; Alexander Fellow
New York University, B.A., cum laude, Mathematics, 2007
Hon. Joseph A. Greenaway, Jr., United States Court of Appeals for the Third Circuit, 2012-2013
United States Court of Appeals: Third Circuit
United States District Court: Eastern and Southern Districts of New York
Ben Margulis represents clients in litigation and pre-litigation disputes, specializing in intellectual property matters that implicate principles of free expression and fair use. Since joining the firm in 2013, Mr. Margulis has represented clients from a variety of industries in complex matters arising under the Copyright and Lanham Acts, state unfair competition and defamation laws, federal securities and trade laws, as well as common law fraud and contract principles.
Among other things, Mr. Margulis has secured a permanent global injunction on behalf of The Explorers Club, Inc. against the illegal use of their name based on a seldom-used state statute protecting charitable organizations. He has served as co-lead appellate counsel in a pro bono defamation matter before the First Department that ultimately resulted in the reduction of a judgment against his client from $125,000 to $100. Mr. Margulis also advises and represents appropriation artist Richard Prince in matters relating to copyright and fair use.
Additionally, Mr. Margulis is part of the team fighting to end discrimination based on sexual orientation and seeking to further LGBT rights and equality in the United States. Mr. Margulis is currently part of a team representing and advising a number of openly gay individuals seeking to become adult leaders with the Boy Scouts of America, including Mr. Pascal Tessier, whom the Greater New York Councils hired earlier this year. In 2014, Mr. Margulis was a member of the team that successfully won an injunction against the Commonwealth of Virginia allowing same-sex couples in that state to marry
Mr. Margulis’ other representative matters include defending Pain Therapeutics, Inc., a public biopharmaceutical company, in a federal securities class-action litigation, and counseling CBS in its suit against Dish Network LLC for copyright infringement and common law fraud. His other clients are, among others, the New York Yankees, James Frey, The Moldy Peaches, WeHeartIt, and Britton Hill Partners, LLC.
Prior to joining the firm, Mr. Margulis served as a law clerk for the Honorable Joseph A. Greenaway, Jr. of the United States Court of Appeals for the Third Circuit. Before clerking, Mr. Margulis worked as an associate for Cahill Gordon & Reindel LLP, where he represented a Nationally Recognized Statistical Rating Organization (NRSRO) in several complex commercial litigations.
Uses and Implications of Government Reports, Litigation, Summer 2016, at 27
The Team’s Name, the Government’s Speech: “Redskins” Trademark Registrations Remain Cancelled, Sports Litig. Alert, Aug. 21, 2015 (co-authored with Joshua Schiller)
Note, The Bankruptcy Hegemon, 31 Cardozo L. Rev. 905 (2010)
Plaintiffs Ordered to 'Start Over' On Eve of Securities Class Action Trial (The AmLaw Litigation Daily)
Nominal Damages Awarded to Lawyer for Ex-Client's Libel Per Se (The New York Law Journal)
Rising Dissent and Lawsuits Pushed Scouts to Change (The New York Times)
CBS Deal Ends Blackout, Litigation Risk for Dish (The Litigation Daily)