Overview

Ben is an advocate who takes pride in representing clients when it matters most. His criminal practice includes defending clients involved in government investigations and prosecutions as well as conducting internal investigations. He has represented targets, subjects and witnesses in government investigations and prosecutions related to potential embezzlement of non-profit funds, alleged federal tax fraud, alleged securities fraud, environmental enforcement actions and others. Ben’s civil practice primarily focuses on securing or defending against immediate, emergency injunctive relief. He has experience litigating trade secret misappropriation, breaches of contract involving non-competition and non-solicitation restrictive covenants, shareholder and member disputes, breaches of fiduciary duty and fraud.

Ben brings valuable and vast practical experience to every matter he is assigned. In law school, Ben worked alongside federal prosecutors in the United States Attorney’s Office for the Southern District of Ohio where he assisted with trial preparation in matters involving wire, mail and minority-owned business fraud. Given his practice involving immediate injunctive relief, Ben has significant experience in courtrooms advocating for his clients, taking live testimony of both fact and expert witnesses and convincingly presenting his client’s story to best position his client for success. Finally, Ben has taken matters completely through trial and judgment including handling first-chair trial hearings. Ben leverages these experiences to advise every client on a litigation’s potential risks and rewards.

Ben sparked an interest in advocacy long before he began practicing law. In college and law school, he participated in various trial and appellate advocacy programs, including the American Mock Trial Association (AMTA) and Texas Young Lawyers Association (TYLA) trial advocacy competitions. These programs taught him to think critically, quickly and creatively while analyzing and arguing a case. During his competitive career, he tried literally hundreds of mock jury trials and received coaching and critiques from renowned trial attorneys, including those inducted into the American College of Trial Lawyers. Ben has been locally and nationally recognized for his skills as a trial advocate and a coach.

While Ben feels most at home in a courtroom, some of his most significant successes involve those which occurred before any claim or charge was filed. Ben has experience in pre-indictment investigations whether it be to completely remove a target from investigation or negotiate a favorable plea deal with prosecutors. He takes a practical approach to civil litigation and often acquires emergency injunctive relief without stepping foot into a courtroom, passing major cost savings onto his clients while still acquiring the relief they often desperately need.

Ben coaches the James Lewis Family Miami University Mock Trial Program – the same program in which he competed in college. He coached Miami University’s mock trial team to a National Championship in 2018, and it remains within the top 2% of collegiate mock trial teams in the country. Ben spearheads the program’s curriculum on the Federal Rules of Evidence and educates students on effective advocacy and trial techniques. He also accepts appointments from the Hamilton County Public Defender's Office to represent indigent clients on a pro bono basis.

Experience

Criminal Defense & Internal Investigations

  • Represented treasurer of a non-profit organization in a pre-indictment investigation into approximately $40,000 of funds missing from accounts, successfully removing the treasurer from a pool of suspects to a witness in any potential prosecution.
  • Represented an individual alleged to have participated in a national conspiracy to avoid federal income tax in a pre-indictment investigation.
  • Represented a company and its principal in a civil environmental enforcement action brought by the State of Ohio.
  • Assisted in drafting sentencing memoranda opposing asset forfeiture on behalf of a company which pled guilty to government contracts fraud.
  • Assisted in an internal investigation related to an employee's alleged improper advice concerning HR Benefits.
  • Guided clients in responding to numerous grand jury subpoenas for documents, including subpoenas by the Special Inspector General for Afghanistan Reconstruction (SIGAR).
  • Responded to a state attorney general’s letter concerning alleged consumer protection violations by a direct-to-consumer retailer of children’s toys.
  • Drafted sentencing memoranda for clients facing prison terms, advocating for decreased terms or community control.

Injunctive Relief

  • Sought emergency injunctive relief on behalf of a manufacturer of bedding supplies when top executives resigned and sought employment with a competitor, resulting in an amicable settlement including injunctive relief.
  • Acquired emergency injunctive relief on behalf of a medical communications company to cease an ex-officer’s access to trade secrets and violation of a non-competition agreement.
  • Acquired emergency injunctive relief on behalf of a company providing software as a service to cease two ex-salespersons’ access and alleged use of trade secrets in operating their own competing company in violation of non-competition agreements.
  • Through trial, acquired emergency relief on behalf of an individual to cease his ex-partner’s occupation of the individual’s real property.
  • Defended a minority shareholder against emergency injunctive relief sought by the company

Breach of Non-Competition Agreements & Trade Secret Misappropriation

  • Successfully defended client from allegations of civil contempt for alleged violations of a consent judgment enforcing non-competition covenants. See LCA-Vision, Inc. d/b/a LASIKPLUS et al. v. Sanjay Desh Goel, M.D., No. 1:19-cv-00818 (S.D. Ohio Nov. 19, 2020) (J. Dlott).
  • Took lead in drafting appellate memoranda in the United States Court of Appeals for the Second Circuit concerning the trial court's decision related to preliminary injunctive relief involving a breach of non-competition agreement and trade secret misappropriation.
  • Successfully negotiated a separation without litigation between a physician and his employer, dissolving restrictive covenants to which the physician was bound.
  • Defended a third-party logistics company through mediation and acquired settlements for individuals it employed in alleged violations of their restrictive covenants with a national third-party logistics company.
  • Drafted numerous motions and oppositions to dismiss on various bases and motions for summary judgment on non-competition and trade secret claims.

Business and Contract Disputes

  • First-chaired a breach of contract trial across multiple days, acquiring judgment on breach of contract claims.
  • Negotiated a settlement between a small software development company and a nationally recognized business automation company for claims for the national company’s alleged breaches of contract and conversion of funds.
  • Negotiated business divorce between a small business owner and his partner after their business relationship soured.
  • Represented a general contractor construction company for alleged violations of the Ohio Consumer Sales Practices Act and Mortgage Loan and Broker laws.
  • Negotiated a settlement of alleged violations of the Ohio Consumer Sales Practices Act for a construction and roofing company.

Pro Bono

  • Represented and defended indigent defendants that the Hamilton County Public Defender’s Office cannot represent either through conflicts of interest or overloaded dockets.
  • Drafted terms of use and privacy policies for a local non-profit STEM learning center. 
Publications

External Publications

Thompson Hine Updates

"Does Crime Pay?" - Thompson Hine Blog Posts

Distinctions
  • John W. Peck Trial Practice Award, Cincinnati/Northern Kentucky Federal Bar Association, 2019 
  • Chief Justice W. Ward Reynoldson Award for Outstanding Coaching of Trial Advocacy, American Mock Trial Association, 2018
  • Best Closing Argument, National Trial Advocacy Competition, 2018
  • Best Oral Advocate, National Moot Court Competition, 2018
  • All-National Attorney, American Mock Trial Association, 2016
  • All-Regional Attorney, American Mock Trial Association, 2016
  • All-Regional Attorney, American Mock Trial Association, 2012
Professional and Civic

Professional Associations

  • Cincinnati Bar Association
  • Ohio State Bar Association
  • Kentucky Bar Association

Community Activities

  • Miami University, Visiting Assistant Professor, Trial Practice Practicum and James Lewis Family Miami University Mock Trial Program Coach
  • American Mock Trial Association, Volunteer Representative Tournament Official
  • Reading Mock Trial Boosters, Inc., Co-Founder and Vice President (2021-present)