Ben is a fierce advocate and creative thinker for clients in a wide range of business disputes and government investigations.

Ben primarily litigates complex business and commercial disputes in state and federal courts as well as in arbitration, including litigation involving business torts, contract disputes, M&A litigation, partnership and investor disputes, securities-related matters, director disputes, and bankruptcy.  Ben has extensive experience navigating multi-jurisdictional issues and regularly practices pro hac vice in the Chancery Court of Delaware and other jurisdictions across the country.  While always prepared to litigate, Ben focuses on developing and implementing strategies to manage clients’ overall risk appetite.

Ben also has a proven track-record representing private and public companies as well as individuals in white-collar matters involving the U.S. Securities and Exchange Commission and Department of Justice, including multiple cross-border investigations.

Prior to joining Clark Smith Villazor, Ben worked at a large international firm for seven years.

Ben’s representative matters at CSV and his prior firm include:

Civil matters

• Representing a limited liability company (UAV) created by the co-founders of Trump Media & Technology Group Corp. in connection with a dispute with TMTG and the Company’s controlling shareholder and namesake regarding equity granted to the founders.  The multi-jurisdiction litigation, which has required counsel to oppose two motions for a stay on the basis of presidential immunity, has involved four separate lawsuits in two different state courts and one federal district court:
  • An ongoing lawsuit in the Chancery Court of Delaware, which resulted in retention of UAV’s equity stake, involving the imposition of a lockup of UAV’s shares.  United Atlantic Ventures, LLC v. TMTG Sub Inc. et al., C.A. 2024-0184-MTZ (Del. Ch.).
  • A successful lawsuit in the United States District Court for the District of Delaware against a transfer agent, which resulted in an order from the District Court mandating that the transfer agent deliver UAV its shares upon expiration of a lockup imposed by TMTG.  United Atlantic Ventures, LLC v. Odyssey Transfer and Trust Co., 24-cv-838 (D. Del.).
  • Two ongoing lawsuits in Florida state court regarding the co-founders’ roles in identifying a de-SPAC merger partner for TMTG.  TMTG v. ARC Global Investments II LLC, et al., C.A. 2024-1061 (Sarasota Cnty, Fla.); TMTG v. United Atlantic Ventures, LLC, et al., C.A. 2024-1545 (Sarasota Cnty, Fla.).
• Representing Activant Capital in a derivative lawsuit against Bolt Financial and its board for refusal to require Bolt’s controlling shareholder to repay a personal loan, which resulted in Bolt recuperating the value of the loan.   Activant Ventures Advisors II v. Breslow, et al., C.A. 2023-0721-NAC (Del. Ch.).
• Representing a joint venture created by Two Roads Development, LLC and Trilar Holdings, LLC in litigation with another real estate investor in West Palm Beach, Florida, which resulted in an out-of-court settlement following successful mediation.
• Representing Peloton in litigation for claims against a competitor, including claims for patent infringement and deceptive business practices.
• Representing an activist investor in connection with a dispute regarding the right to appoint directors to a private company’s board in the Chancery Court of Delaware.
• Representing a religious organization in connection with their contributions to one of the largest Chapter 11 reorganization plans ever established.
• Representing various public and private companies in connection with shareholder demands relating to topics such as director and executive compensation, board composition, equity grants, and other corporate governance issues.

White-collar matters

• Representing an American multinational conglomerate in connection with an SEC investigation into the accounting practices of its long-term care business.
• Representing a special committee of the board of a public company empowered to investigate allegations of fraud and material misstatements in its publicly reported revenue.
• Representing the founder of a public company in a civil and criminal investigation relating to allegations of misstated financial statements.
• Internal investigation on behalf of an entertainment business and sports league regarding a highly publicized employment dispute.