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 legal disciplines.
As a litigator, Ben has prosecuted and defended hundreds of commercial and civil 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 documents critical to day-to-day operations and long-term planning, including, among other things, vendor contracts and procurement documents, professional services and consulting agreements, staffing and employment agreements, covenants not to compete, confidentiality agreements, construction and design documents, requests for proposals/qualifications, bid materials, and commercial leases.
He also advises public school districts and municipalities 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.
- Obtaining a $317,000 verdict in a construction defect case involving a stucco home following separate jury and bench trials. Ben’s clients received their attorneys’ fees and costs under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), together with prejudgment interest. Ben then successfully defended the verdict on appeal before the Pennsylvania Superior Court, where the appellate court issued a precedential 84-page opinion awarding complete relief to Ben’s clients, and solidifying and expanding consumer rights under the UTPCPL.
- 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 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 filed 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 eminent domain 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.
- 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 Hon. 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 is a member of the Board of Directors, co-chairs the Technology Committee, and serves on the Civil Rules and Municipal Law Committees. In 2015, the Board of Judges of the Berks County Court of Common Pleas appointed Ben to serve as one of five Discovery Masters responsible for assisting the court in disposing of discovery disputes in civil court actions.
Ben is the Chairman of the Oley Township Zoning Hearing Board, and he 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 and Government Affairs Committee. In his spare time, Ben is active in the Berks County music scene and enjoys playing guitar and piano.
Honors & Awards
- Named a Future Star by Benchmark Litigation, a guide to America's leading litigation firms and attorneys (2018)
- Named a Rising Star by Benchmark Litigation, a guide to America's leading litigation firms and attorneys (2017)
- Named a Pennsylvania Rising Star (2012-2015)