An experienced trial attorney of more than 30 years, Ben’s current practice is focused on complex business litigation, including in the areas of commercial and personal lines insurance, private equity, bad faith/unfair competition, employment, and real estate.
Prior to joining Torres, Scammon, Hincks & Day, LLP in 2016, Ben was a partner in the Boston office of Mintz Levin where he practiced for over 20 years as a member of the firm’s Litigation Section and its Insurance & Reinsurance Practice Group.
Ben has enjoyed a diverse business litigation practice over the course of his career, representing business clients in myriad industries, including fast-food restaurants, insurance/reinsurance, municipal law, employer self-funded healthcare, commercial real estate, and food wholesaling/distribution. He has also handled numerous employment disputes, representing both individuals and companies.
With his partner, Steve Torres, Ben has served for the past decade as outside General Counsel to Commonwealth Automobile Reinsurers (“CAR”), which is the industry-operated residual market and statistical agent for motor vehicle insurance in the Commonwealth of Massachusetts. Ben and Steve also serve in a similar General Counsel capacity for the Massachusetts Automobile Insurance Bureau (“AIB”).
Outside of his law practice, Ben is actively involved in public service and serves on several community and other non-profit boards of directors, including as Chairman of the Board of Pine Island Camp in Maine and as a former Chair and current Boston board member of Self Help Africa.
Commercial Litigation and Arbitration
Over his three decades of practice, Ben has represented business and individual clients in a wide range of commercial disputes, achieving favorable pre-trial, trial, and arbitration judgments, as well has securing countless beneficial settlements, on behalf of his clients. His areas of substantial litigation experience include:
- Fraud and deceptive business practices disputes
- Closely held business disputes and breach of fiduciary duty claims
- Insurance and Reinsurance coverage, claims and regulatory disputes
- Breach of contract claims
- Theft of trade secrets
- Professional malpractice claims
- ERISA self-funded healthcare disputes
- Defamation claims
- Malicious prosecution
- Lanham Act disputes
- Land use and other real estate-related disputes
Employment Litigation and Advice
Since joining TSH&D in 2016, Ben has routinely provided advocacy and advisory services to individuals and business clients in a diverse array of employment-related matters and disputes, including:
- Employee separation negotiations and legal actions
- Confidentiality, non-competition and/or non-solicitation agreements
- Employment contract disputes
- Wage & hour claims
Trade secret disputes - Employment discrimination, including age, gender, race, and disability claims
- Sexual harassment allegations
A sample of Ben’s successes include:
- Obtained plaintiff’s jury verdict against Massachusetts property insurer for M.G.L. Chapter 93A/176 insurance bad faith claims handling and tortious infliction of emotional distress after 3-week trial in Mass. Superior Court.
- Obtained defense trial verdict, followed by successful appellate affirmances, in breach of contract and alleged attorney malpractice dispute in Mass. Superior Court.
- Favorable mid-trial settlement of malicious prosecution and tortious infliction of emotional distress dispute against MA municipality.
- Won summary judgment on behalf of a foreign reinsurer in an action brought by its alleged cedent in Massachusetts federal court concerning the termination of a cross-border fronting arrangement (OneBeacon Am. Ins. Co. v. Aviva Ins. Co. of Canada); the trial court’s decision was affirmed by the U.S. Court of Appeals, First Circuit.
- Obtained dismissal with prejudice of a class action alleging unfair claims settlement practices under M.G.L. c. 93A and 176D in connection with the resolution of thousands of asbestos liability claims by Massachusetts residents (O’Connell v. Liberty Mutual Insurance Co.)
- Won summary judgment on a retention warranty defense on behalf of a reinsurer in the US District Court of Rhode Island (Seaton Ins. Co. v. Yosemite Ins. Co.)
- Successfully represented a major food wholesaler in several multimillion-dollar contractual disputes with a food hauler in U.S. District Court, Southern District of New York.
- Represented a health insurance provider in favorable settlement of a contractual dispute with a third-party claims administrator
- Represented various staffing firms with self-funded employee health plans in disputes with claims administrators and “stop-loss” insurers
