Experience
Ben has been working with franchisors for over twenty years on a variety of litigation, counseling, transactional, and regulatory matters. Even though his experience spans a broad range of areas, Ben’s expertise is in litigating disputes of all kinds. From suits involving alternative distribution channels and contested terminations to enforcing post-term covenants against terminated franchisees, Ben has assisted clients in navigating the perils of litigation.
While winning the case is always the goal, Ben understands from his background in transactional, regulatory, and counseling matters that the most important consideration is how the resolution of an individual dispute impacts a franchisor’s overriding business goals.
Ben’s experience beyond litigation includes advising clients in trademark prosecutions and trademark protection matters, counseling franchisors in all aspects of the franchise relationship, advising franchisors in connection with the structuring of their domestic and international franchise programs, and representing clients before various federal agencies, including the Food and Drug Administration and Consumer Product Safety Administration on a variety of issues, such as advertising and marketing practices, food labeling and recalls of consumer goods.
Education
- University of Virginia School of Law (J.D.)
- University of South Carolina (B.A.S., magna cum laude)
Memberships
- American Bar Association (Forum on Franchising, Section of Litigation)
- Governing Committee, Forum on Franchising (2020-2022)
- Program Officer, Forum on Franchising (2020)
- Director, Forum on Franchising Litigation and Dispute Resolution Division Steering Committee (2017-2019)
- Member, Forum on Franchising Litigation and Dispute Resolution Division Steering Committee (2015-2017)
- International Franchise Association
- Legal Symposium Task Force (2006- 2007)
- Legal and Legislative Committee
- District of Columbia Bar Association
- Virginia State Bar Association
Admitted to Practice
- District of Columbia
- Virginia
- U.S. Courts of Appeals for the Fourth, Eighth and Ninth Circuits
- U.S. District Courts for the Eastern District of Virginia, the Western District of Virginia, the District of Columbia, and the Eastern District of Wisconsin
Honors
- Who’s Who Legal – Franchise 2020
- Franchise Times Legal Eagle
Presentations
Presenter, Moderator, or Co-Presenter:
Annual Franchise and Distribution Law Developments 2020
American Bar Association’s 43rd Annual Forum on Franchising
October 2020| Online
The Keys to Successful Negotiation and Early Dispute Resolution
American Bar Association- 42nd Annual Forum on Franchising
October 2019| Denver, Colorado
Pros and Cons of Arbitration vs. Litigation ( Roundtable)
International Franchise Association 52nd Annual Legal Symposium
May 2019| Washington, DC
Judicial Panel
American Bar Association- 41st Annual Forum on Franchising
October 2018| Nashville, Tennessee
Implementing a Process for Franchise Expirations, Renewals, and Transfers (Roundtable)
58th Annual IFA Convention
February 2018| Phoenix, AZ
Review of Key Indicators that Foretell a Franchisee's Financial Default or Other Financial Difficulties (Roundtable)
International Franchise Association - 50th Annual Legal Symposium
May 2017| Washington, DC
Regrets: If Dreams Came True – Provisions You Wish You Had (or Didn’t Have) in Your Franchise Agreement
International Franchise Association’s 45th Annual Legal Symposium
May 2012| Washington, D.C.
Search Engine Optimization, Paid Search and Micro Sites – Controlling Your Brand
International Franchise Association’s 43rd Annual Legal Symposium
May 2010| Washington, D.C.
Litigation / Arbitration with Franchisees: Cost Containment; How, When & Why - Business Solutions Roundtable
50th Annual IFA Convention
February 2010| San Antonio, TX
Litigating Franchise Transfers: What Right Does a Franchisor Have to Say “No”?
ABA Forum on Franchising and Center for Continuing Legal Education
July 13, 2006| Live Teleconference and Webcast
Franchisee Intranets – Legal Roundtable Presentation
International Franchise Association‘s 39th Annual Legal Symposium
May 9, 2006| Washington, D.C.
Publications
Author or Co-Author:
A Litigator's Perspective on Precision in Drafting: The Competitive Businesses Restricted by Covenants Against Competition
The Franchise Lawyer, Vol 22, No. 2
Spring 2019
Liquidated Damages Provisions: Strategic Drafting and Enforcement Issues
Franchise Law Journal, Vol. 37, No. 4
Spring 2018
The Defend Trade Secrets Act: Does It Make Secrets Safe(r)?
The Franchise Lawyer, Vol. 19, No. 3
Summer 2016
What’s in a Name? A Lot: Trademark and Brand Protection Strategies for Franchisors
19 Business Law Today, No. 4
March/April 2010| American Bar Association
Rethinking Motions to Dismiss in Franchise Cases: The “Plausibility” Standard of Twombly and Iqbal Make the Success of Such Motions More, Well, Plausible
The Business Suit
November 2009
New Consumer Product Safety Law Could Impact Franchisors
Franchise Alert
November 6, 2008
Change Your Menus in New York City? Federal Appeals Court Declines to Block Implementation of Calorie Disclosure Regulations
Franchise Alert
May 9, 2008
Franchisors Contemplating Asian Development Should Consider “Dot-Asia”
Franchise Alert
December 7, 2007
‘Til Death Do Us Part (and Perhaps Not Even Then): The Enforceability of Perpetual Business Relationships
February 2006| The Business Suit
Remedies against Cyberpirates
The Advertiser
May 1, 2000
