Benjamin J.A. Sauter photo
Benjamin J.A. Sauter
Lawyer
New York
800 Third Avenue
New York, New York 10022
+1 212 488 1288

Benjamin Sauter is an experienced litigator with a focus on cutting-edge financial products and services disputes.  Mr. Sauter has particular experience with litigation involving commodities, futures, swaps, and other securities and derivatives.  His representations often involve clients confronting regulatory and criminal enforcement proceedings.  For example, he regularly represents proprietary trading firms in proceedings involving allegations of spoofing and market manipulation by the U.S. Commodity Futures Trading Commission and CME. 

Mr. Sauter is also frequently called on to represent clients in intellectual property litigation.  He has handled patent, copyright, and licensing disputes for highly recognized technology companies. He is a member of the Digital Currency & Ledger Defense Coalition.

Prior to joining Kobre & Kim, Mr. Sauter practiced with Cleary Gottlieb Steen & Hamilton LLP, where he focused on complex regulatory and commercial litigation. He clerked for Judge Fortunato P. Benavides in the U.S. Court of Appeals for the Fifth Circuit and for Chief Judge Sarah S. Vance in the U.S. District Court for the Eastern District of Louisiana. He received his J.D. cum laude from Harvard Law School.

Admissions

  • New York
  • U.S. District Courts for the Southern and Eastern Districts of New York
  • U.S. District Court for the Eastern District of Texas
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Federal Circuit

Education

  • Harvard Law School, JD
  • Pomona College, BA

Languages

  • French

Clerkships

  • Honorable Fortunato P. Benavides, U.S. Court of Appeals for the Fifth Circuit
  • Honorable Sarah S. Vance, U.S. District Court for the Eastern District of Louisiana

Select Engagements

Financial Products & Services Litigation:

  • Representation of a proprietary trading firm in responding to allegations of illegal “spoofing” activity in relation to U.S. Treasury futures on the Chicago Board of Trade exchange.
  • Defense of a proprietary trading firm in civil action alleging disruptive trading and market manipulation in U.S. Treasury futures markets, resulting in dismissal of claims following motion to dismiss.
  • Defense of News International’s former CEO, Rebekah Brooks, in a putative securities class action pending in the U.S. District Court for the Southern District of New York.
  • Representation of a U.S. financial institution and individual employees in a securities class action and derivative litigation arising from the financial crisis.

Government Enforcement Defense:

  • Representation of DRW Investments LLC in highly publicized litigation against the U.S. Commodity Futures Trading Commission (CFTC) over alleged improper trading in IDCH contracts and the CFTC's allegedly vague rule-making activity in relation to anti-manipulation definitions.
  • Representation of a proprietary trading firm  in defending against a CFTC enforcement action involving claims of illegal “spoofing” and manipulation in relation to numerous financial products and markets.
  • Representation of global asset management company in internal and government investigations related to alleged accounting fraud and violations of the Foreign Corrupt Practices Act (FCPA).
  • Representation of a former CEO of a large pharmaceutical services company in connection with various whistleblower actions relating to allegations of kickbacks and Medicare and Medicaid fraud.

Intellectual Property Litigation:

  • Representation of the Commonwealth Scientific and Industrial Research Organisation (CSIRO), the Australian government’s science agency and the inventor of the core technology underlying the IEEE 802.11a, g, n and ac wireless LAN standards, commonly known as Wi-Fi. The litigation ranks among the most successful recent efforts to enforce a single patent, resulting in payments to CSIRO totaling US $400 million. In commending CSIRO’s inventors, the European Patent Office lauded the litigation as “a tremendous success,” stating that “only a few universities around the world are able to successfully commercialize their R&D by patenting their technologies, in particular to the scale of several hundred million dollars. One such exception is CSIRO.”
  • Representation of semiconductor manufacturer in patent license dispute.

Bankruptcy & Debtor-Creditor Disputes:

  • Representation of senior noteholders in intercreditor dispute against Bank of New York and Wilmington Trust, in relation to dispute over post-petition payments on collateral, arising out of the bankruptcy of Energy Future Holdings Corp. in the U.S. Bankruptcy Court for the District of Delaware.
  • Representation of private equity firm and executive in connection with the creditors’ investigation into the bankruptcy of a medical-services portfolio company.
 

Professional & Community Involvement

  • Digital Currency & Ledger Defense Coalition, Member

Publications & Presentations

  • Co-author, "LedgerX and CBOE: The CFTC's Trojan Horse in an SEC Turf War" (Coindesk, August 2017)
  • Co-author, "Law firm Calls Bancor ICO Interesting, Cautions Investors Participating in ICOs" (Crowdfund Insider, June 2017)
  • Co-author, "Initial Coin Offerings: Where the SEC Might Stand" (Coindesk, June 2017)
  • Co-author, "Innocent Foundations Beware: the US Government's Far-Reaching Power of Civil Asset Forfeiture, and what Innocent Foundations and Other Fiduciaries Need to Know to Prepare" (Trusts & Trustees, July 2016)
  • Co-author, "FATCA's Full Force Felt Offshore" (Trusts Quarterly Review, June 2014) 
  • Co-author, "A Timely Update On Recovering Legal Fees And Costs Through Criminal Restitution" (Bloomberg BNA White Collar Crime Report, April 2013) 
  • Co-author, "A Timely Update on Recovering Legal Fees and Costs through Criminal Restitution" (Bloomberg BNA White Collar Crime Report, January 2009)

Credentials

Admissions

  • New York
  • U.S. District Courts for the Southern and Eastern Districts of New York
  • U.S. District Court for the Eastern District of Texas
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Federal Circuit

Education

  • Harvard Law School, JD
  • Pomona College, BA

Languages

  • French

Clerkships

  • Honorable Fortunato P. Benavides, U.S. Court of Appeals for the Fifth Circuit
  • Honorable Sarah S. Vance, U.S. District Court for the Eastern District of Louisiana

Engagements

Financial Products & Services Litigation:

  • Representation of a proprietary trading firm in responding to allegations of illegal “spoofing” activity in relation to U.S. Treasury futures on the Chicago Board of Trade exchange.
  • Defense of a proprietary trading firm in civil action alleging disruptive trading and market manipulation in U.S. Treasury futures markets, resulting in dismissal of claims following motion to dismiss.
  • Defense of News International’s former CEO, Rebekah Brooks, in a putative securities class action pending in the U.S. District Court for the Southern District of New York.
  • Representation of a U.S. financial institution and individual employees in a securities class action and derivative litigation arising from the financial crisis.

Government Enforcement Defense:

  • Representation of DRW Investments LLC in highly publicized litigation against the U.S. Commodity Futures Trading Commission (CFTC) over alleged improper trading in IDCH contracts and the CFTC's allegedly vague rule-making activity in relation to anti-manipulation definitions.
  • Representation of a proprietary trading firm  in defending against a CFTC enforcement action involving claims of illegal “spoofing” and manipulation in relation to numerous financial products and markets.
  • Representation of global asset management company in internal and government investigations related to alleged accounting fraud and violations of the Foreign Corrupt Practices Act (FCPA).
  • Representation of a former CEO of a large pharmaceutical services company in connection with various whistleblower actions relating to allegations of kickbacks and Medicare and Medicaid fraud.

Intellectual Property Litigation:

  • Representation of the Commonwealth Scientific and Industrial Research Organisation (CSIRO), the Australian government’s science agency and the inventor of the core technology underlying the IEEE 802.11a, g, n and ac wireless LAN standards, commonly known as Wi-Fi. The litigation ranks among the most successful recent efforts to enforce a single patent, resulting in payments to CSIRO totaling US $400 million. In commending CSIRO’s inventors, the European Patent Office lauded the litigation as “a tremendous success,” stating that “only a few universities around the world are able to successfully commercialize their R&D by patenting their technologies, in particular to the scale of several hundred million dollars. One such exception is CSIRO.”
  • Representation of semiconductor manufacturer in patent license dispute.

Bankruptcy & Debtor-Creditor Disputes:

  • Representation of senior noteholders in intercreditor dispute against Bank of New York and Wilmington Trust, in relation to dispute over post-petition payments on collateral, arising out of the bankruptcy of Energy Future Holdings Corp. in the U.S. Bankruptcy Court for the District of Delaware.
  • Representation of private equity firm and executive in connection with the creditors’ investigation into the bankruptcy of a medical-services portfolio company.

Professional & Community Involvement

  • Digital Currency & Ledger Defense Coalition, Member

Publications & Presentations

  • Co-author, "LedgerX and CBOE: The CFTC's Trojan Horse in an SEC Turf War" (Coindesk, August 2017)
  • Co-author, "Law firm Calls Bancor ICO Interesting, Cautions Investors Participating in ICOs" (Crowdfund Insider, June 2017)
  • Co-author, "Initial Coin Offerings: Where the SEC Might Stand" (Coindesk, June 2017)
  • Co-author, "Innocent Foundations Beware: the US Government's Far-Reaching Power of Civil Asset Forfeiture, and what Innocent Foundations and Other Fiduciaries Need to Know to Prepare" (Trusts & Trustees, July 2016)
  • Co-author, "FATCA's Full Force Felt Offshore" (Trusts Quarterly Review, June 2014) 
  • Co-author, "A Timely Update On Recovering Legal Fees And Costs Through Criminal Restitution" (Bloomberg BNA White Collar Crime Report, April 2013) 
  • Co-author, "A Timely Update on Recovering Legal Fees and Costs through Criminal Restitution" (Bloomberg BNA White Collar Crime Report, January 2009)