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Kevin Benish

Of Counsel

Overview

Kevin Benish has extensive experience working on matters involving transnational litigation, civil procedure, antitrust, international arbitration, and matters of constitutional law. Among other things, Kevin regularly litigates cases under the Foreign Sovereign Immunities Act and assists clients seeking evidence in aid of foreign proceedings pursuant to 28 U.S.C. § 1782. Kevin has successfully argued cases in both state and federal courts and has co-authored briefs at every level of the federal judiciary, including an amicus brief that was cited by the United States Supreme Court in two separate cases. From 2020 to 2021, Kevin clerked for Judge Susan L. Carney of the U.S. Court of Appeals for the Second Circuit.

In addition to practicing law, Kevin serves as an adjunct professor at the New York University School of Law, where he co-teaches the school’s International Litigation and Arbitration course. He writes about issues such as jurisdiction, procedure, sovereign immunity, and data privacy, and has been invited to speak on these topics throughout the United States and abroad. Kevin is also a member of the American Society of International Law.

Kevin maintains an active pro bono practice, often representing individuals seeking asylum in the United States and members of the LGBT community who face discrimination. Among other successes, Kevin was part of a team of Holwell Shuster & Goldberg lawyers that secured the first injunction against the second iteration of President Trump’s Muslim Ban on behalf of a Syrian asylee in Wisconsin who sought derivative-asylum status for his wife and young child. He also serves as co-chair of HSG’s LGBTQIA+ Affinity Group.

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Clerkships

  • Hon. Susan L. Carney, U.S. Court of Appeals for the Second Circuit, 2020 – 2021 

Education

New York University School of Law (J.D., 2016; Managing Editor, NYU Law Review; Donald L. Brown Scholar; Albert Podell Best-Written Brief Award, NYU Marden Moot Court Competition; Judge Rose L. & Herbert Rubin Law Review Prize; Weinfield Prize)

University of Wisconsin-Madison (B.A., highest honors, 2007)

Bar and Court Admissions

  • New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, District of Connecticut
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Western District of Wisconsin
  • U.S. Supreme Court
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