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Attorney

  bb@bergerharrison.com

  949.548.1700

  vCard

A native of the Chicago area, Ben grew up in a construction family. After graduating from college and having spent the previous eight summers working as a laborer and heavy equipment operator, Ben began working year round as an estimator and foreman on multi-million dollar public and private projects, including underground utilities, road building and mass grading. A few years later, while still working construction during the day, Ben began attending Chicago’s John Marshall Law School at night. He finished his J.D. at Whittier Law School a few years later.

Ben started representing clients as a sole practitioner the day he was licensed to practice law. His practice is devoted to both litigation and transactional matters, with a general emphasis on business, construction and real estate.  Ben represents several new car dealerships and also has significant experience in trust and probate litigation. Ben has represented clients in:

  • jury trials
  • bench trials
  • administrative law trials
  • arbitration
  • mediation
  • appeals

Ben has extensive ADR experience, having created and implemented arbitration systems for two different auction companies and having earned a certificate from Pepperdine University’s Strauss Institute of Dispute Resolution.

Additionally, Ben worked as a professional sports agent, certified by the Major League Baseball Players Association and the National Basketball Players Association. He has represented professional athletes in negotiations for playing contracts, endorsement deals, and recovered 100% of the relief sought against a Major League Baseball team, in a dispute over which the office of the Commissioner of Major League Baseball presided. Other agents have consulted with Ben to prepare for the representation of players in the MLB arbitration process and in the drafting/negotiation of endorsement contracts.

Ben is licensed to practice in all California state courts as well as the United States District Court for the Central District of California. Ben is also licensed to practice law in the State of Illinois.

Ben lives in south Orange County with his wife and kids.

Education

Northern Illinois University – DeKalb, IL
B.A. 1994

John Marshall Law School – Chicago, IL

Whittier Law School – Costa Mesa, CA
J.D. 2001

Admissions/Memberships

California (Licensed since 2002)
Illinois Licensed since 2006)
Orange County Bar Association
Orange County Auto Dealers Association

Representative Cases

General contractor vs. subcontractor: Defensed an alter ego claims at trial against owner and CEO of licensed contractor.


Partnership Dispute: We represented a design professional against his former partnership, a nationwide firm with annual revenues of $50MM.  After 3 years of trial and arbitration, we obtained an award for 92% of the relief we sought and nearly double what we had offered to accept pre-arbitration.


Commercial Lease Dispute: We were hired by landlord and property manager to prove construction and mitigation damages at trial against a tenant and its parent company (under a corporate guarantee).  We sought more than one million dollars and obtained a judgment for literally every dollar sought.


Fraudulent Transfer: We were retained post-trial to challenge fraudulent transfer judgment and obtained reversal on appeal


Partnership dispute: obtained $750,000 settlement for our client in a dispute with his former business partner concerning ownership of numerous corporations and LLCs


Subcontractor v. Developer: Represented subcontractor on abandoned construction project. Obtained six-figure judgment after 3-day trial for 100% of requested damages. Within four months, successfully recovered the full amount (plus attorney’s fees) in a contested collection proceeding.


Buyer v. Officer/Director of Escrow Company: Obtained dismissal of alter ego claims during trial and then obtained a judgment for attorney’s fees.


Landlord v Tenant: Obtained post-trial relief resulting in judgment for landlord and a subsequent judgment for attorney’s fees.


Trust/Probate Dispute: Obtained a favorable settlement of simultaneous actions where we represented a beneficiary in trust litigation and in separate litigation against the estate of the former trustee. The case resolved on the eve of our motion for summary judgment that would have removed the existing trustee.


Multiple Business Acquisitions: Represented both buyers and sellers in various multi-million dollar asset purchase agreements, including bulk sales and companion agreements for the purchase and sale of real estate.

Awards/Public Speaking

Mechanics Liens for Real Estate Agents – 2014
First American Title Company

Reducing the Risk of Consumer Claims – 2015
Private New Car Dealer Seminar

Fair Lending Practices – 2016
Private New Car Dealer Seminar

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