Ben is an advocate who takes pride in representing clients when it matters most. His practice includes defending clients involved in government investigation and prosecutions, and civil matters concerning breaches of non-competition agreements and trade secret misappropriation, seeking and acquiring injunctive relief, defending alleged violations of consumer protection laws, and defending contractual rights of small businesses.
Ben’s white-collar crime experience began during law school when he served as an extern at the United States Attorney’s Office for the Southern District of Ohio in Cincinnati. There, he worked on trial preparation for white-collar criminal matters. On the civil side, Ben worked at a boutique intellectual property firm where he helped clients understand, procure, and protect their intellectual property rights in their inventions and ideas.
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. Notably, he has competed in 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. Ben has been locally and nationally recognized for his skills as a trial advocate and a coach, and consults with coaches and competitors from high school, college and law school trial advocacy teams.
In addition to consulting with various programs, Ben coaches the James Lewis Family Miami University Mock Trial Program – the same program in which he competed in college. Ben coached Miami University’s mock trial team to a National Championship in 2018, and it remains within the top 0.25% 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.
Criminal Defense & 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.
- Guided clients in responding to numerous grand jury subpoenas for documents, including one concerning an investigation 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.
- Assisted in drafting sentencing memoranda for clients facing prison terms, advocating for decreased terms or community control.
Breach of Non-Competition Agreements & Trade Secret Misappropriation
- Defended client from allegations of civil contempt for alleged violations of a consent judgment enforcing non-competition covenants, ultimately resolving the case after discovering sanctionable conduct committed by the opposing party and counsel in litigation. 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).
- 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.
- Counterclaimed for breach of non-competition agreement against an ex-salesperson after the ex-salesperson claimed he were not paid all sales commissions to which they were allegedly entitled, resulting in settlement.
- Drafted numerous motions and oppositions to dismiss on various bases and motions for summary judgment on non-competition and trade secret claims.
- 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.
Business and Contract Disputes
- 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.
- Analyzed culpability of late deliveries of internationally shipped goods which were late being delivered to consumers and coordinated a response to various public complaints.
- Negotiated numerous settlements on unpaid invoices or similar accounts for parties to whom and from whom payments are owed.
- Deposed the son of a plaintiff seeking to recover for alleged exposure to alleged toxic chemicals.
- Conducted legal research and drafted related internal and external memoranda on topics related to evidentiary considerations, trial preparation strategy, and defenses to claims, among other topics, in defending allegations that individuals suffered from medical ailments as a result of their exposure to allegedly toxic chemicals.
- Represented and defended indigent defendants that the Hamilton County Public Defender’s Office cannot represent either through conflicts of interest or overloaded dockets.
- Co-author, Regulations on Reopening: Avoiding Government Scrutiny and Mitigating Potential Prosecution Risk, Cincinnati Bar Association Report, September/October 2020 Issue
- Co-author, “Formative Assessment in High School Chemistry Teaching: Investigating the Alignment of Teachers’ Goals with Their Items,” Journal of Chemical Education, 2015
Thompson Hine Updates
- “Ohio Supreme Court Amends the Rules of Practice and Procedure for Ohio Courts,” Thompson Hine Business Litigation Update, July 2020
Does Crime Pay? Blog Posts
- Guided by Garland: Predicting the Path of the Biden DOJ, February 2021
- Public Corruption Indictments in Ohio: From the Queen City to the State Capitol, December 2020
- Ohio’s Governor DeWine Announces Additional COVID-19 Restrictions on Businesses: How to Avoid Government Shutdown, November 2020
- Telemedicine Fraud is the New Opioids: DOJ’s First Health Care Fraud Takedown During COVID-19, October 2020
- United States v. Goodwin: Federal Healthcare Conspiracy is Alive and Well in the Eighth Circuit, September 2020
- Fraud Prosecutions on the Horizon: What to Expect in the Near Future from the DOJ, August 2020
- Insider Impacts of COVID-19: Securities Trades and Tipped Information in a COVID-19 Landscape, July 2020
- Both Whistleblowing and Whistleblower Awards are on the Rise, July 2020
- 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
- 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