Benjamin W. Massarsky


Benjamin Massarky’s practice focuses on representing policyholders in complex civil litigation and dispute resolution. He has represented policyholders in disputes over numerous types of coverage, including general commercial liability policies, political risk policies, and non-appearance policies. Benjamin is also actively involved in the firm’s representations of states’ attorneys general and sovereign Indian tribes in their litigation against the prescription opioid industry, and is also helping to determine the extent to which insurance may be available to fund solutions to the opioid crisis. Prior to joining Gilbert, Benjamin was an associate at a prominent Washington, D.C. litigation boutique.

Benjamin has an active pro bono practice in which he represents students with special education needs and assists them in obtaining appropriate educational services in public and private schools. He has also drafted writs of certiorari for criminal defendants appealing to the Supreme Court of the United States. Benjamin qualified for Honors on the Capital Pro Bono Honor Roll in 2017 and 2018.

Representative Matters

  • Representing a state attorney general in litigation against the prescription opioid industry.
  • Representing an asbestos trust in litigation against an insurance company in liquidation.
  • Represented a Grammy award winning musician in obtaining coverage for canceled and postponed concert tour dates.
  • Represented a student with special education needs in augmenting his individualized education program and transferring him to an appropriate school.


  • 2010 – J.D., American University, Washington College of Law
    • Magna cum Laude, Order of the Coif, American University Business Law Review (founding Executive Editor)
  • 2007 – B.A., Cornell University

Bar Memberships

  • District of Columbia
  • Maryland
  • New York

Professional Affiliations and Honors

  • Landlord and Tenant and Small Claims and Conciliation Division, D.C., Student Attorney, Law Students in Court, 2009-2010