Overview
Ben is a commercial litigator with a wealth of experience representing clients across a wide array of industries. When disputes cannot be resolved amicably and litigation is unavoidable, Ben helps his clients navigate the litigation process, primarily in federal court, and develop effective and efficient litigation strategies that align with their overall goals and interests. Ben also understands the business needs of his clients and works to find the appropriate solution, whether that be through early settlement or an aggressive trial strategy.
Ben has represented individual securities brokers and investment advisors seeking unpaid commissions, minority and majority shareholders of close corporations in business divorce or fiduciary duty cases, employers and employees in matters involving trade secret misappropriation and non-compete enforcement, and buyers and sellers in cases involving undelivered or defective goods and services. Whatever the dispute, Ben seeks to understand his clients’ business and works tirelessly to tailor his litigation style to match their business needs and goals.
Ben also assists clients with bankruptcy-related disputes or litigation. His bankruptcy experience includes litigating venue and other jurisdictional disputes, obtaining the appointment of trustees or examiners, obtaining relief from stay, fee and claim objections, contesting plan confirmation, and other contested matters. Ben has also litigated adversary proceedings involving, among other things, the defense of avoidance or preference actions, priority disputes among competing creditors, and fraudulent transfer actions.
Prior to joining the firm, Ben gained invaluable experience working for a well-respected boutique firm in Charlotte where he focused on both litigation and bankruptcy matters. Ben has had nine trials, six of which were in federal court, has handled seven appeals to the North Carolina Court of Appeals, the Virginia Court of Appeals, and the Fourth and Sixth Circuit Court of Appeals, and has handled numerous arbitrations before private arbitration forums, including the AAA and FINRA.
Prior to law school, Ben served in the U.S. Air Force for six years as an Airborne Communications Systems Technician flying combat missions in support of Operation Enduring Freedom.
Representative Experience
- Portal de Caguas, Inc. v. SL Funding 3, LLC (In re Grupo HIMA San Pablo, Inc.), obtained favorable summary judgment ruling on declaratory judgment claims challenging validity, extent, and priority of secured debt, and vacating DIP financing order as to secured creditor (Bankr. D.P.R. 2024)
- Teague v. Allen, obtained dismissal of claims asserted by former employee for negligent retention, contribution, and indemnification on a motion to dismiss (N.C. Super. Ct. 2024)
- Gibson v. McKinley, Inc. et al., obtained summary judgment ruling in favor of employer dismissing claims for negligent hiring, retention, and supervision, negligent infliction of emotional distress, and punitive damages (N.C. Super. Ct. 2022)
- Wilkinson, et al. v. Sheets, successfully represented purchaser of business obtaining summary judgment dismissing seller’s multiple counterclaims for, among others, breach of contract, breach of fiduciary duty, and fraud, and successfully defending seller’s summary judgment motion seeking dismissal of purchaser’s claims for defamation (N.D. Ind. 2021)
- Prassas Capital, LLC v. Blue Sphere Corp., successfully represented an investment advisor seeking unpaid commissions, obtaining multi-million judgment following a federal jury trial (W.D.N.C. 2019)
- Settlers Edge Holding Co., LLC v. RES-NC Settlers Edge, lead counsel in state court bench trial in a bet-the-company case with $20 million in dispute. Obtained a favorable verdict following trial, which contributed to a favorable post-trial settlement (N.C. Super. Ct. 2018)
- Legacy Data Access, Inc. v. Cadrillion, LLC, successfully overturned jury verdict on appeal and obtained dismissal of business torts asserted in conjunction with a contract dispute (4th 2018)
Notable
Notable
- Best Lawyers in America, Litigation - Bankruptcy "Ones to Watch," 2024-2025
- Business North Carolina Legal Elite, Litigation, 2023
- North Carolina Super Lawyers "Rising Star", 2021-2022
- Active foster parent and member of the Advisor Board of Foster Village Charlotte
News
News
Insights
Blogs and Resources
Blog Posts
Affiliations
Affiliations
Mecklenburg County Bar Communications Committee
Capabilities
- Antitrust
- Civil Litigation
- Class Actions
- Commercial Litigation
- Commercial Real Estate
- Consumer Disputes
- Corporate Governance & Shareholder Relations
- Financial Services Litigation
- Health Care
- Litigation, Regulatory & White Collar
- Real Estate & Construction Disputes
- Securities & Capital Markets Litigation
Education
J.D., University of North Carolina School of Law, with Honors, 2012
B.A., University of North Carolina at Greensboro, Psychology and Philosophy, summa cum laude
Admissions
- United States District Court for the Middle District of North Carolina, 2017
- United States Court of Appeals for the Fourth Circuit, 2015
- North Carolina, 2012
- United States District Court for the Western District of North Carolina, 2012
- United States District Court for the Eastern District of North Carolina