Eric A. Bensky
Partner
Eric focuses on securities litigation and enforcement, with an emphasis on representing financial institutions, including broker-dealers, that provide prime brokerage, securities clearing, institutional and retail brokerage, and investment advisory services. Eric leads the securities enforcement practice within the firm's financial services group. He advocates for clients in federal and state courts, FINRA Dispute Resolution Services and other self-regulatory organization (SRO), JAMS, and AAA arbitration proceedings, and Securities and Exchange Commission (SEC) and SRO investigations and disciplinary proceedings.
Over the past two years, Eric has litigated several arbitration proceedings on behalf of a large registered investment adviser, including regarding options strategies such as covered calls and put spreads. Eric also has extensive experience in investigations and litigation in the wake of Ponzi schemes and other financial crises and scandals. He has represented bulge bracket brokerage firms, as well as smaller brokerage firms and their registered representatives, supervisors and other employees. Other clients have included a leading national and international bank, a major mutual fund complex, public companies and their officers and directors, individuals and entities suspected of or charged with potential insider trading violations, investment advisory firms, and hedge funds.
Eric was a shareholder at McGonigle, P.C., before the firm combined with Davis Wright Tremaine.
Practice Highlights
Broker-dealer litigation and enforcement
Eric has extensive experience representing prime brokers, clearing firms, and other broker-dealers in proceedings and investigations involving margin (including portfolio margin), direct market access (DMA) and the Market Access Rule, Regulation SHO, and anti-money laundering (AML).
Investment adviser arbitrations
Ponzi scheme fallout
Eric has represented institutional clients in lawsuits (including clawback litigation) and regulatory inquiries arising out of the Bernard L. Madoff Investment Securities Ponzi scheme, the Arthur Nadel Ponzi scheme, the Thomas Petters Ponzi scheme, the Rajiv Patel Bluprint Ponzi scheme, the Bradley Ruderman Ponzi scheme, the Samuel Israel III Bayou Ponzi scheme, the John Natale Cambridge Partners Ponzi scheme, the E. Thomas Jung Strategic Income Fund Ponzi scheme, and the Marvin Goodman metals trading Ponzi scheme.
Admitted to Practice
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New York, 1997
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District of Columbia, 1998
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U.S. Court of Appeals, 2nd Circuit, 2011
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U.S. Court of Appeals, 3rd Circuit, 1998
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U.S. Court of Appeals, 11th Circuit, Inactive
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U.S. District Court, District of Columbia, 1998
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U.S. District Court, Eastern District of New York, 2006
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U.S. District Court, Southern District of New York, 2007
Education
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J.D., University of Chicago Law School, 1996, with honors
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B.A., University of Michigan, 1993, with high honors and high distinction
Memberships & Affiliations
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- SIFMA Compliance & Legal Society
- Chair, Board of Directors, National Homelessness Law Center, 2019-2024
- Board of Directors, National Homelessness Law Center, 2013-2024
- Board of Directors, Northwest Washington Little League, 2019-2024