- Business and Commercial Litigation
- Securities Litigation
- FINRA Arbitration
- Debtor-Creditor and Lender Liability
- Employment Law
- Shareholder and Partnership Litigation
- Franchise and Dealership Litigation
- Represented Wisconsin school districts in a $200 million securities fraud case against national and international financial and investment institutions. Kenosha Unified School District et al. v. Royal Bank of Canada Europe, Ltd. et al.
- Member of a successful trial team that obtained $405,000 jury verdict on behalf of a former executive employee in a contractual dispute against Midwest Airlines. Stone v. Midwest Air Group, Inc.
- Second-chaired jury trial successfully defending a party accused of misrepresentation, theft by fraud and other similar claims. Lal v. Lal
- Represented defendants in action arising out of breach of contract and equitable indemnification, and secured dismissal of all claims on motion to dismiss. Moon v. Belinda Moon, LLC, et al.
- Obtained dismissal of all claims against individual members of LLC in breach of contract and fraud action on motion to dismiss. Next Electric v. Washhouse Partners, LLC
- Represented defendant in breach of contract, private nuisance, and injunction action, and successfully obtained voluntary dismissal of all claims without consideration or other payment. 833 Buena Vista Tierra Investors, LLC, et al. v. JSWD Wisconsin Venture 1, LLC, et al.
- Represented plaintiffs in FINRA securities arbitration asserting claims for “selling away” and negligent supervision, and obtained favorable settlement on behalf of clients. Wadina, et al. v. Edward D. Jones & Co., LP, et al.
- Contributed to successful dismissal motions on behalf of one of the world’s leading data pool providers, achieving dismissal of claims based upon State and Federal RICO laws, State and Federal Antitrust laws, consumer fraud laws, and common law. Edgenet, Inc. v. GS1 U.S., Inc. et al.
- Represented defendant-employer in action filed by former employee for unlawful employment practices under federal and state law, and assisted in securing dismissal of all claims on motion to dismiss. Bach v. Centocor Ortho Biotech, Inc., et al.
- Represented defendant-employees in federal action filed by former employer based on breach of contract and violation of restrictive covenant / non-compete, and pursued counterclaims on behalf of employees for breach of contract and misrepresentation. Successfully negotiated settlement and dismissal of all claims following multi-day mediation before federal magistrate. Priority IAC Inc. v. Bryk, et al.
- Represented defendant / counterclaim plaintiff in action by former employer based on breach of contract, tortious interference, and violation of restrictive covenant / non-compete, and successfully negotiated dismissal of all claims. Benson Builders, LLC v. Wiedenbauer, et al.
- Represented multiple defendants / counterclaim-plaintiffs / third-party plaintiffs in complex contract and tort action following a failed development in municipal TIF district in City of Ripon, and successfully negotiated settlement of all claims. City of Ripon v. Ripon Renew, Inc. et al. v. Will, et al.
- Represented defendant-employer against FLSA and wage claims by former employees, and successfully negotiated dismissal of all claims. Lopez v. Carson’s Ribs Milwaukee, LLC
- Successfully defended employee against claims by former employer for breach of contract, theft of trade secrets, and breach of fiduciary duties, and negotiated settlement and dismissal of all claims against employee. SmithGroupJJR, Inc. v. Capstone Engineering Design, LLC
- Represented debtors and personal guarantors in federal action against large, national bank, and obtained settlement of all claims. Berlin, et al. v. Bank of America, et al.
- Represented plaintiff in action based on misrepresentation, breach of contract, breach of warranty, and other statutory claims against software provider, and successfully negotiated settlement of all claims. Dental Health Products Inc. v. Epicor Software Corp.
- Successfully defended internet penny auction entity against claims based upon State and Federal RICO laws, consumer fraud statutes, and common law torts. Pastukh v. Vesuvius Tech., LLC
- Represented plaintiff in breach of contract and unjust enrichment action, and obtained settlement and subsequent judgment against defendants. CL&D Graphics v. Raven Manufacturing, et al.
- Represented personal guarantor in bad faith and misrepresentation action against bank and defended counterclaims asserted by bank. Obtained settlement resolving all disputes involving personal guarantor. Berggren v. Community Bank & Trust
- Secured important revisions to special assessment report and resolutions related to a municipal project in the Village of Caledonia, and negotiated the sale of real property to the City of Racine in related eminent domain action. In re: Borzynski Brothers Properties
- Obtained settlement for independent sales representative who was terminated and not paid what he was owed under his agreement with his former employer. Olsen v. LGO
- Represented personal guarantors in misrepresentation and bad faith action against bank and successfully negotiated settlement of all claims. Schultz, et al. v. Waterstone Bank, SSB
- Represented defendants in complex creditor-debtor action, and successfully negotiated settlement of all claims. The Marc C. Blum IRA, et al. v. Jungbacker, et al.
- Successfully negotiated settlement of contractual dispute related to lease and use of downtown Milwaukee property.
- Successfully negotiated settlement of dispute amongst LLC members and separation of the members’ business interests.
- Successfully negotiated revised and extended loan / credit agreements on behalf of numerous debtors and personal guarantors, including commercial real estate developers, private individuals, schools, and other various businesses.
- Successfully negotiated separation and severance agreements on behalf of client-employees, including physicians, securities brokers, and others.
Awards & Distinctions
- Selected, “Rising Star” by Wisconsin Super Lawyers® for 2013-2016
- U.S. District Court, Eastern District of Wisconsin
- U.S. District Court, Western District of Wisconsin
- U.S. Bankruptcy Court, Western District of Wisconsin
- U.S. District Court, Northern District of Illinois
Born and raised in Beaver Dam, Wisconsin, Ben is a lifelong Badger fan and proud Wisconsinite. An avid traveler (both home and abroad) and outdoorsman, Ben also enjoys history, sampling fine wines, and the ups-and-downs of his golf game.
- University of Wisconsin Law School / J.D., cum laude, 2009
- University of Wisconsin-Madison / B.A., 2006
- Order of the Coif
Academic Membership & Awards
- Member, University of Wisconsin Moot Court Board, 2007-2009
- Member, University of Wisconsin Mock Trial, 2006-2009
- Recipient, Mathys Memorial Award for Excellence in Oral Advocacy, 2008
- Coach, Tulane Sports Law Moot Court Competition Team, 2008-2009
- Finalist, Tulane Sports Law Moot Court Competition, 2007-2008
- American Bar Association
- State Bar of Wisconsin
- State Bar of Illinois
- Milwaukee Bar Association