REPRESENTATIVE EXPERIENCE Ben’s recent representative experience includes:
- Successfully representing a Big Four accounting firm in a four-week jury trial involving $400 million in damage claims for fraud, breach of fiduciary duty and racketeering.
- Obtaining a $4.2 million dollar arbitration award in favor of a global energy and commodities client after a three-day arbitration hearing involving claims of fraud and breach of contract; preparing and examining expert witness at hearing.
- Representing global energy and insurance clients in securities fraud cases involving 10b-5 and Section 14(a) claims.
- Obtaining favorable class action certification and settlement of all claims for a global energy client in an unpaid wages and bonuses dispute; representing client in multiple hearings before federal judge.
- Obtaining dismissal of sweeping RICO, fraud and negligence claims against an insurance client in the Northern District of Georgia.
- Obtaining dismissal of bad faith claims against an insurance client in the Northern District of Georgia and favorable settlement of remaining claims.
- Representing a CEO in a derivative action against a company’s officers and directors. The case settled with a finding of no liability on the part of the CEO.
- Defending an independent power producer in a contract dispute involving a co-generation facility in federal court.
- Obtaining arbitration award in favor of ethanol supplier in contract dispute over application of force majeure clause.
- Representing electric cooperatives, natural gas marketers and other clients in various regulatory and contractual matters, including in competitive bidding and before state and federal courts.
PROFESSIONAL HONORS AND AWARDS
- Selected for inclusion in Georgia Super Lawyers® “Rising Stars” (2010)
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Member, Electric Cooperative Bar Association
- Member, Georgia EMC Counsel Association
- Member, Litigation Section, American Bar Association
- Member, General Practice and Trial Law Section, State Bar of Georgia
- Member, Litigation Section, Atlanta Bar Association
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Co-author, “Municipality Monopoly Is Not Fun for Everyone,” Law360 (February 24, 2012)
- Co-author, “Deep Concerns for Deep Pockets? Negligent Misrepresentation in Georgia,” State Bar of Georgia’s ICLE Business Organization Litigation Seminar (November 2006)
- Author, comment, “Adopting Lawrence: Lawrence v. Texas and Discriminatory Adoption Laws,” 53 Emory Law Journal 1491 (2004)
- Contributor, Webinar: “Patronage Capital Litigation” (July 20, 2010)
- Speaker, 2010 Territorial Act Seminar (March 18, 2010)
- Speaker, Georgia Electric Cooperative Legal Issue Seminar (November 7, 2008)