Ben is a civil litigation attorney with more than 20 years of experience.
Much of Ben’s practice focuses on partnership disputes and fiduciary litigation. These cases often involve ownership or control disputes between members of professional partnerships, officers or shareholders of closely held companies, joint venture partnerships, or joint venture real estate development projects, as well as trustee litigation and will contests or similar disputes involving probate and estate planning.
Apart from his partnership and fiduciary litigation practice, Ben also regularly handles general business litigation, employment matters, personal injury cases, and zoning disputes.
Ben first established his own trial law firm in 2006. Prior to that, he was a trial lawyer in the Boston office of Robins, Kaplan, Miller & Ciresi L.L.P., a national litigation firm based in Minneapolis, and at Looney & Grossman LLP, a former prominent Boston firm with a long history in the area.
Representative Matters
A sample of Ben’s significant current and past engagements include:
- Lead trial counsel in eight-week personal injury action involving serious traumatic brain injury and related physical injuries, leading to $4.75 million dollar jury verdict for Ben’s client; recovery part of largest Massachusetts jury trial verdict of 2019.
- Currently lead trial counsel in partnership dispute arising out of joint venture agreement to develop 60-plus acre office park.
- Co-trial and appellate counsel in partnership dispute relating to merger and subsequent dissolution of successful boutique investment banking firm.
- Currently lead trial counsel in breach of fiduciary duty litigation arising out of creation and administration of seven-figure family trust.
- Lead counsel in representation of plaintiff in employment and eight-figure whistleblowing claims, culminating in successful confidential settlement.
- Lead counsel in representation of one of multiple survivors/beneficiaries in will contest involving alleged breaches of fiduciary duties in connection with eight-figure estate, culminating in successful confidential settlement.
- Lead counsel in fiduciary joint venture partnership dispute involving seven-figure redevelopment of former automotive manufacturing and industrial site, culminating in successful confidential settlement.
- Co-lead counsel on large software development breach of contract dispute between foreign client and domestic publicly traded financial institution.
- Lead counsel in representation of senior officer of successful closely held company, in connection with breach of fiduciary duty claims against other corporate officers and shareholders.
- Lead counsel in representation of home security company in connection with dispute arising out of multi-company lead generation agreement and ownership of multi-seven figure Internet advertising campaign.
- Lead counsel in representation of construction company in mediation and arbitration proceedings arising out of alleged breach of sub-contract agreement, pertaining to construction of bascule bridge for automobile traffic on Long Island.
- Member of trial team representing insurance carrier in connection with $2.8 million legal malpractice claim.
- Member of trial team involved in successful defense of senior officer of major insurance company in a $42 million securities arbitration proceeding brought by two former broker-dealers; plaintiffs’ claims denied in entirety following four-week arbitration.
- Representation of registered investment advisors (RIA) in variety of fiduciary and general litigation matters, including enforcement and analysis of cross referral agreements, sub-advisory agreements, and customer claims.
- Lead counsel in successful six-figure settlement of sexual harassment claims brought by female store manager against male supervisor and publicly traded company.
- Lead counsel in successful six-figure settlement of will contest brought by disinherited beneficiaries of decedent against fiduciaries.
- Representation of client in connection with appeal of local zoning decisions pertaining to development of property.
Presentations
- Co-Chair and Faculty Member, Massachusetts Continuing Legal Education (MCLE), Taking Depositions Workshop (2007 – present).
- Guest lecturer, New England Law/Boston, Securities Regulation (2011 – present, intermittent).
- Panelist for seminar presented to local in-house counsel, “In-House Counsel: Preparing for the Unexpected,” co-sponsored by New England In-House, a Lawyers Weekly Publication (2012).
- Guest lecturer, New England Law/Boston, White-Collar Crime (2011).
Bar Admissions
- Commonwealth of Massachusetts
- United States District Court for the District of Massachusetts
- 1st Circuit Court of Appeal
- United States Supreme Court
Education
- Boston College Law School, J.D., cum laude, 1997
- University of Massachusetts at Amherst, B.A., cum laude, 1991
Personal
Ben lives with his wife and family in Sudbury, Massachusetts, where he is the former Chair and currently an associate member of the Zoning Board of Appeals, and a member of his local chapter of the St. Vincent De Paul Society.