Ben is a shareholder who specializes in complex business litigation and trial work.
He has extensive experience handling a wide range of business and commercial cases involving contracts, business torts, bankruptcy, and shareholder and partnership disputes, as well as cases involving securities law, professional malpractice, personal injury and wrongful death.
Ben has represented business clients before state licensing and regulatory agencies, including securities investigation and enforcement matters. He has also represented securities professionals before the NASD/FINRA.
Ben also devotes time to representing indigent clients on a pro bono basis, having successfully represented a client seeking asylum in the United States, as well as having represented indigent criminal defendants as counsel appointed by the Federal Courts.
Ben has spoken about litigation practice and procedure at Continuing Legal Education seminars.
- Obtained a favorable verdict for a lender in a federal jury trial, obtaining full enforcement of the loan agreements, the dismissal of the borrowers’ claims against the lender and an attorneys’ fee award to the client.
- Successfully defended an agricultural processing company in claims alleging breach of contract and various alleged statutory violations, obtaining summary judgment dismissal of the plaintiff’s claims and an award of attorneys’ fees for the client.
- Obtained summary judgment dismissal of former employee’s claims for wrongful termination under federal employment statutes.
- Defended multiple cases for a publicly held client and obtained favorable results by jury verdict, summary judgment, and settlement.
- Successfully guided many business clients in reaching efficient, negotiated resolutions to many business and contract disputes, avoiding protracted and expensive litigation.
- Successfully represented national broker-dealers in litigation alleging wrongdoing on the part of the broker-dealer’s agents.
- Successfully represented national companies and broker-dealers in proceedings brought by state securities department, resulting in no-action by the department or favorable negotiated settlements.
- Successfully represented a major hotel developer in arbitration concerning the development agreement, resulting in a substantial and favorable settlement payment made to the client.
- Successfully represented business developers in claims from disgruntled investors alleging securities violations.
- Benz Farm LLP v. Cavendish Farms, Inc., 803 N.W.2d 818 (N.D. 2011).
- Ward v. Bullis, 748 N.W.2d 397 (N.D. 2008)
- Lundeen v. Canadian Pacific Railway Company, 532 F.3d 682 (8th Cir. 2008)
- University of North Dakota School of Law, J.D., 2000
- University of Minnesota - Duluth, B.A., 1996
- North Dakota
- U.S. District Court for the District of Minnesota
- U.S. District Court for the District of North Dakota
- Chambers USA: America’s Leading Lawyers for Business, North Dakota—Litigation: General Commercial, 2017-present
- Chambers USA: America's Leading Lawyers for Business, North Dakota—Up and Coming Lawyer, 2014-2016
- Super Lawyer—Business Litigation, Great Plains Super Lawyers, 2018, 2022
- Rising Star—Business Litigation, Great Plains Super Lawyers, 2013-2014
- Order of the Coif