Ben is an experienced civil litigator and business counselor practicing in Fox Rothschild’s Exton office. Ben has significant first-chair experience advising individuals, families, physicians, lenders, public institutions and businesses - from family-run operations to multinational corporations. As a litigator, Ben has prosecuted and defended hundreds of commercial disputes involving, among other things, breach of contract, business torts, shareholder rights, unfair trade practice and consumer protection claims, intellectual property, antitrust, real estate and eminent domain, insurance, discrimination, wage payment, construction (project management and defects), trade secrets and restrictive covenants.
Ben has tried multiple jury and non-jury cases to verdict as first chair and has represented clients in dozens of arbitration hearings, mediations and settlement conferences. He has also developed significant experience in appellate matters, having represented numerous clients before Pennsylvania’s intermediate level appellate courts.
In addition to his representation of private clients, Ben represents multiple municipal clients and works closely with the firm’s Education Law Group. In this capacity, Ben advises public school districts and municipalities with respect to employment, procurement and compliance matters, as well as Pennsylvania’s Right to Know and Sunshine Laws. Ben negotiates agreements, drafts policies and bylaws, litigates construction disputes and represents public school districts in cases involving discrimination, truancy, expulsion and First Amendment rights. He has handled and tried dozens of tax assessment disputes and recently served as special counsel to a local assessment appeal board in a tax immunity dispute having widespread implications for school districts and municipalities throughout the Commonwealth.
In addition to his litigation representations, Ben has experience drafting, structuring and negotiating a wide-range of transactional documents critical to day-to-day operations and long-term planning, including, but not limited to, 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, settlement agreements, indemnification agreements and commercial leases. His transactional practice also includes assisting financial services companies in obtaining necessary court approvals, including petitions for assignment of lottery prize and structured payment rights.
Some of Ben’s recent successes with Fox Rothschild include:
- Obtaining a significant jury award following a three-day jury trial in a matter involving latent defects in the construction of a stucco development home. The jury found the builder defendant liable on all counts - breach of contract and breach of express and implied warranties - and returned a maximum verdict in favor of the clients, who had spent a substantial amount of money to remediate the defects.
- 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.
- 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 successfully facilitated a complex global settlement of all claims involving multiple parties and third party secured creditors.
- 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 a trial attorney serving on the in-house legal team for Zurich North America. Ben 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 a member of the Greater Reading Chamber of Commerce, where he serves on the Chamber’s Community Task Force, as well as the Exton Region Chamber of Commerce and the Reading Liederkranz German interest club. He 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/ ).
PA Trial Practice Blog
Keep up to date on developments in trial practice and civil litigation in Pennsylvania courts. By following our Pennsylvania trial attorneys, you will stay up to date on the latest cases, legislation, Civil Rule changes and other new developments. You will also learn the implications of decisions issued by Pennsylvania federal and state courts. This blog is an excellent resource for in house counsel, businesses and individuals with interests in Pennsylvania and out of state attorneys who seek guidance with Pennsylvania law (http://patrialpractice.foxrothschild.com/ ).
Honors & Awards
- Included in a list of Pennsylvania Rising Stars (2012-2015)