Ben is an experienced counselor who advises individuals, families, physicians, lenders, public institutions and businesses – from family-run operations to multinational corporations – in a variety of disciplines.
As a civil litigator, Ben has prosecuted and defended hundreds of commercial disputes involving breach of contract, business torts, shareholder rights, unfair trade practice and consumer protection claims, intellectual property, antitrust and unfair competition, real estate and eminent domain, insurance, discrimination, wage payment, construction (project management and defects), mechanics’ lien and performance/payment bond claims, trade secrets, and restrictive covenants.
He has tried multiple jury and nonjury cases to verdict as first chair, and has represented numerous clients in matters before state and federal appellate courts.
Ben is also experienced in drafting and negotiating transactional documents critical to day-to-day operations and long-term planning, including, among other things, vendor contracts and procurement documents, consulting agreements, staffing and employment agreements, covenants not to compete and confidentiality agreements, construction and design documents, requests for proposals/qualifications, bid materials, and commercial leases.
He also advises public school districts, municipalities and quasi-municipal corporations in matters involving, among other things, administrative procedure, records requirements, conflicts and ethics, the Pennsylvania Right to Know Law and the Sunshine Act, zoning and land use planning, construction matters, labor and employment, procurement and public project management.
Ben has successfully handled and tried dozens of commercial and residential tax assessment disputes on behalf of both taxing bodies and owners in matters involving valuation and tax exemption. He served as special counsel to a county-wide assessment appeal board in a tax immunity dispute having widespread implications for school districts and municipalities throughout the Commonwealth.
Some of Ben’s recent successes with Fox Rothschild include:
- Obtaining early dismissal of a significant federal class action filed against a manufacturer requesting medical monitoring for thousands of former employees claiming occupational exposure to a host of toxic chemicals.
- Representing homeowners in a matter involving an alleged failure to disclose known defects with an on-site septic system. With the assistance of the court, Ben and his co-defendants facilitated a complex global settlement of all claims involving multiple parties and third-party secured creditors for a nominal sum.
- Obtaining a $317,000+ verdict following a three-day jury trial and two-day bench trial in a matter involving latent defects in the construction of a stucco development home. The jury returned a maximum verdict in favor of the clients who had spent a substantial amount of money to remediate the defects. The presiding judge then awarded the clients their attorneys’ fees and costs under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, together with prejudgment interest.
- Obtaining early dismissal of a million-dollar federal court case filed against the family of a well-known Philadelphia sports icon.
- Obtaining summary judgment in a federal action arising from a $30 million life insurance transaction resulting in the return of the client’s substantial seven-figure investment.
- Representing a family-owned manufacturer in a significant construction defect case filed in the U.S. District Court for the Central District of California arising from sub-contract work performed in connection with NASA’s launch program. Ben chaired the matter and mediated the dispute in Los Angeles, successfully resolving all claims and obtaining a release in exchange for a nominal settlement payment.
- Obtaining a $300,000 verdict for a family-owned business with respect to a decade of overbilling for municipal water and sewer service. After trying the matter, Ben successfully defended the verdict before the Pennsylvania Commonwealth Court.
- Obtaining early dismissal of a civil action against an exotic car collector and dealer filed by a rival arising from the sale of a hyper-exotic/collectible Ferrari F-40.
- Representing a large regional building product manufacturer in a federal injunctive proceeding initiated under the Natural Gas Act. Ben developed a novel strategy to challenge the Court’s authority to issue immediate possession under its injunctive powers resulting in a highly successful outcome for the client.
- Obtaining summary judgment in favor of medical practice in a high-stakes insurance coverage action arising from a tragic patient death.
- Obtaining dismissal of an action filed in New York state court against a large regional supermarket retailer arising from a multimillion-dollar commercial lease dispute.
- Obtaining injunctive relief in favor of a medical practice to enforce the terms of a restrictive covenant provision contained in a physician employment agreement.
- Devising a strategy for obtaining a substantial settlement in a disability dispute involving a high-level consulting partner at a national accounting firm.
Before Fox Rothschild
Immediately prior to joining the firm, Ben was an in-house trial attorney for Zurich North America. He also served as judicial law clerk for the Honorable Jeffrey L. Schmehl of the Berks County Court of Common Pleas.
Beyond Fox Rothschild
Ben is an active member of the Berks County Bar Association, where he serves on the Board of Directors, is co-chair of the Technology Committee and a member of the Civil Rules Committee. In 2015, Ben was appointed by the Board of Judges of the Berks County Court of Common Pleas to serve as one of five Discovery Masters responsible for presiding over discovery disputes and making written recommendations for consideration and approval by assigned judges in civil matters.
Ben serves on the Board of Directors of Habitat for Humanity of Berks County. He is also a member of the Greater Reading Chamber of Commerce, where he serves on the Community Task Force. In his spare time, Ben is active in the Berks County music scene and enjoys playing guitar and piano.
Sports Law Scoreboard
Ben shares his knowledge on current news in sports and discusses the associated legal implications in the firm’s Sports Law Scoreboard blog (http://sportslaw.foxrothschild.com/ ).
Honors & Awards
- Included in a list of Rising Stars by Benchmark Litigation (2016)
- Included in a list of Pennsylvania Rising Stars (2012-2015)