Damon Rubin is a partner in the Business Litigation Group with more than 24 years of experience handling complex cases.
He has represented a wide range of businesses and associations, including health care providers (hospitals, skilled nursing facilities, physicians), a hospital association, banks, an accounting partnership and accountants, securities broker dealers, manufacturers, and a national law firm. Damon has successfully prosecuted and defended cases from inception through summary judgment, trial, judgment enforcement and appeal.
Damon's matters include:
- Prosecuting an action for two hospitals to recover on hundreds of claims for medical services under written and implied contracts.
- Prosecuting an action for three hospitals to recover on thousands of claims for emergency medical services.
- Defended a hospital in a 14-day jury trial. The plaintiff alleged she had been assaulted after the hospital failed to make a mandatory report to law enforcement regarding the alleged perpetrator.
- Represented the California Hospital Association in a lawsuit challenging implementation of nurse staffing regulations.
- Successfully defended a medical licensee at an evidentiary hearing before an administrative law judge where the state attorney general had challenged her license.
- Represented a health plan in an insurance coverage action.
- Represented audit committee members of an internet company in a shareholder derivative action involving the restatement of financial results.
- Obtained a defense judgment by motion for summary judgment where the plaintiff claimed an enforceable agreement to buy several real estate secured loans, and had sought more than $10 million in lost profits.
- Obtained a $1.8 million recovery for a lender in an eminent domain action.
- Obtained a $750,000 post-judgment recovery on behalf of an investment fund.
- Prevailed on motions for orders expunging notices of pendency of action (lis pendens) in two lawsuits allowing the bank to sell the real properties.
- Represented an accounting partnership in a lengthy arbitration proceeding involving complex damages.
- Prosecuting putative class actions brought under the Telephone Consumer Protection Act (TCPA).
- Defended a putative class action brought under the TCPA.
Earlier in his career, Damon was Senior Counsel with Foley & Lardner LLP. During law school, he served as a judicial extern to the Honorable Stephen D. Gerling of the United States Bankruptcy Court for the Northern District of New York, and as judicial extern to the Honorable Frederick J. Scullin of the United States District Court for the Northern District of New York.