Benjamin M. Rattner

Partner

Ben is an experienced attorney who leads the cannabis practice at Cermele & Wood LLP. He routinely advises clients about complicated statutory and regulatory interpretation and compliance, with a special focus on New York’s Marihuana Regulation and Taxation Act (the “MRTA”) and New York’s Public Health Laws. Ben has helped his clients successfully navigate licensure under the MRTA, achieving a 100% success rate on adult-use cannabis license applications that he has helped his clients submit.* Ben is known as a meticulous attorney who nonetheless sees the “big picture” and counsels clients accordingly.

In addition to counseling clients about the MRTA, its implementing regulations, and adult-use cannabis licensing, Ben has authored numerous pieces about New York’s cannabis laws. He is one of the contributors to the Hudson Valley Cannabis Industry Association’s and the New York City Cannabis Industry Association’s Report & Recommendations on New York’s Cannabis Licensing Regulations. Ben is also an active member of the Cannabis Association of New York, where he serves on the Cultivation Committee. For these and other activities, Ben was recently recognized as a 2023 Cannabis Industry Power Player by PoliticsNY and amMetro New York.

In addition to leading Cermele & Wood LLP’s cannabis practice, Ben litigates commercial and intellectual property cases in state court, federal court, and before the United States Trademark Trial and Appeal Board. Ben serves as a first-chair trial attorney in cases ranging from multi-million dollar federal litigations and intellectual property litigations to lawsuits helping local businesses and homeowners. Ben has represented clients in construction disputes, real estate litigation, trademark and trade dress infringement and dilution matters, disputes with merchant cash advance companies, and employment matters (both plaintiff’s and defendant’s side).

Ben also helps clients avoid litigation through careful legal analysis and a practical view to solving problems as they arise. And, when litigation is likely, Ben devises a legal strategy that best achieves his client’s goals while protecting their rights. Clients also rely on Ben to secure trademarks for them, enforce their intellectual property rights, and maintain their trademark portfolios.

Ben is a dedicated runner, skier, and car enthusiast. Prior to joining Cermele & Wood LLP, Ben was associated with the international law firm Proskauer Rose LLP and two boutique New York City law firms known for their aggressive litigation tactics. Ben attended the University of Michigan where he majored in political science. He received his law degree, cum laude, from Hofstra University School of Law, where he served as a Notes and Comments Editor for the Hofstra Law Review.

*Every client’s license application is unique and past results do not guarantee future outcomes.

Representative Matters
  • Achieved a 100% success rate on New York State cannabis license applications submitted.
  • Represented company in litigation against former employee; court found former employee repeatedly stole funds from company and imposed a constructive trust over former employee’s house.
  • Represented commercial landlord in a lease dispute with tenant involving allegations of fraud and forgery; obtained partial summary judgment to gut the economic value of tenant’s case. Tenant dropped its case after this decision.
  • Defended mom-and-pop business from predatory merchant cash advance company; case settled on favorable terms after oral argument of motion to dismiss.
  • Represented real estate developer in suit for non-payment of brokerage commission, all claims against the developer were dismissed prior to discovery.
  • Represented nationally-known spirits brand in trademark and trade dress infringement and dilution suit; jury returned a favorable verdict, awarding both monetary and injunctive relief.
  • Represented alleged joint employer in lawsuit alleging violations of federal and state wage and hour laws; case settled on extremely favorable terms.
Bar Admissions:
  • New York
  • New Hampshire
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
Education:

Hofstra University School of Law, Hempstead, New York

  • J.D., cum laude

University of Michigan, Ann Arbor, Michigan

  • B.A., Political Science
Publications
  • Big Trouble Lies Ahead for New York’s Legal Cannabis Supply Chain, NY Cannabis Insider, April 3, 2023
  • MSOs Beware: A NY Trademark Lawsuit Involving Cookies Foreshadows What’s to Come, NY Cannabis Insider, October 4, 2022
  • Is New York Setting Up Adult-Use Cannabis Licensees to Fail?, NY Cannabis Insider, August 11, 20222
In the Media:
  • Quoted in: Smoke and mirrors: Inside the murky $200M effort to kickstart NY’s marijuana industry, NY Cannabis Insider, December 1, 2022