Benjamin Gruenstein is a partner in Cravath’s Litigation Department and a member of the Firm’s Investigations and White Collar Criminal Defense practice. He also participates in the Firm’s efforts related to blockchain and financial technology (FinTech).
Mr. Gruenstein’s practice focuses on the representation of U.S. and multinational companies and their senior executives in government and internal corporate investigations in such areas as the Foreign Corrupt Practices Act (“FCPA”), healthcare fraud, insider trading, criminal antitrust, accounting fraud and trade sanctions, and accompanying civil litigation. Mr. Gruenstein has handled both domestic and cross-border investigations, including in Latin America, Asia, and Europe.
Mr. Gruenstein has represented Avon Products, Inc., IBM and NCR Corporation in government investigations relating to FCPA matters. He also handles SEC investigations into alleged accounting fraud and disclosure issues; he recently represented DreamWorks Animation SKG, Inc. and Computer Sciences Corporation before the SEC in such investigations.
Mr. Gruenstein also conducts civil litigation related to government investigations. He is currently representing Novartis Pharmaceuticals in two qui tam actions in the Southern District of New York alleging violations of the False Claims Act Anti‑Kickback Statutes.
Mr. Gruenstein regularly represents senior executives of companies in criminal and regulatory investigations, including those conducted by the DOJ and the SEC. He recently represented a lawyer who had been convicted of securities fraud but had his sentence vacated on appeal in the Eleventh Circuit. See United States v. Mitchell Stein, 846 F.3d 1135 (11th Cir. 2017). He was retained to represent the client at resentencing, where the judge imposed a significantly reduced sentence of imprisonment and restitution amount.
His practice also includes advising boards of directors and their committees on issues related to corporate governance and regulatory compliance and conducting independent investigations on behalf of boards and board committees.
Prior to joining Cravath, Mr. Gruenstein served as an Assistant U.S. Attorney in the Criminal Division of the U.S. Attorney’s Office for the Southern District of New York from 2002 to 2008. Mr. Gruenstein returned to Cravath in 2008 and became a partner in 2012.
Mr. Gruenstein is a fellow of the American Bar Foundation. He has been recognized as a “National Star” and as a “Local Litigation Star” in New York for his white collar criminal defense and investigations work by Benchmark Litigation (2016-2019). The Best Lawyers in America has recognized him for his white collar criminal defense work as well (2016-2019). He has also been recognized by The Legal 500 United States for white collar criminal defense work (2016‑2018), securities litigation and related regulatory enforcement matters (2015‑2017) and for his experience in the media and entertainment industry (2017-2018). From 2013 through 2018, Mr. Gruenstein was selected by Lawdragon as one of “500 Leading Lawyers in America.” He and his colleagues earned the Firm a top‑tier ranking for Criminal Defense: White‑Collar in the U.S. News‑Best Lawyers “Best Law Firms” survey in 2018, as well as recognition in the investigations and criminal defense categories of both Chambers USA (2015-2018) and Legal 500 US (2016-2018) and the FCPA category of Chambers USA (2018). In 2014 and 2015, Mr. Gruenstein was named one of Ethisphere Institute’s “Attorneys Who Matter” and in 2013 he was recognized as one of five Law360“Rising Stars” in the nation in the White Collar category.
Mr. Gruenstein was born in New York, New York. He received an A.B. summa cum laude in Philosophy and Mathematics from Harvard College in 1996, where he was elected to Phi Beta Kappa, and a J.D. magna cum laude from Harvard Law School in 1999, where he was an Editor of the Law Review. After graduating from law school, Mr. Gruenstein clerked for the Honorable Stephen F. Williams of the U.S. Court of Appeals for the D.C. Circuit and for the Honorable David H. Souter of the U.S. Supreme Court.
Mr. Gruenstein is a member of the International Bar Association. He authored a chapter on corporate compliance programs in the 2016-2018 editions of Corporate Governance: Law & Practice.
The Impact of the US v Martoma Decision
Ben Gruenstein writes on the impact of the US v Martoma decision for “personal benefit” requirements in insider trading matters.
The article summarizes the evolution of that key requirement from its inception through today and examines what this most recent shift might mean for future criminal prosecutions.
The Impact of U.S. v. Connolly on Internal Investigations
In an analysis of the U.S. v. Connolly, Ben Gruenstein and his colleague examine how the matter can help companies balance obligations to conduct internal investigations.
Ben Gruenstein and Dave Stuart Participate in Momentum's 2019 A.C.E.S. Compliance Summit
Ben Gruenstein brainstormed enforcement priorities and self-reporting/cooperation, among other goals, with officials from DOJ, SEC and OFAC at American University’s Washington School of Law in Washington, DC.