Benjamin C. Nielsen, Partner

Biography

Ben Nielsen is an experienced litigator representing clients in complex commercial and civil matters in Arizona and nationwide. He has successfully represented both individuals and businesses in a wide variety of industries. Ben has spent considerable time representing corporations, limited liability companies, financial institutions, mortgage servicers, higher education institutions (public and private), and governmental entities.

Ben routinely handles contract disputes, business torts, real estate litigation, mortgage disputes, tax lien foreclosures, consumer protection disputes, employment related litigation, and has defended clients in several class-action lawsuits nationwide. Ben has also represented various entities in matters involving intellectual property matters. Ben has a wealth of experience advising higher education institutions in all facets of the law, and defending them in administrative and civil matters. In addition, he has successfully prosecuted and defended professional negligence and malpractice allegations against attorneys and other professionals.

Ben's court room, trial, and appellate experience is extensive. He has participated in multiple trials and many private arbitrations in multiple forums, including AAA and JAMS. Ben has also represented clients before the Arizona Court of Appeals on several occasions and has argued before the Arizona Supreme Court.

Ben believes in and uses a client-centric, results-oriented approach and is widely known by his clients for being accessible and responsive. He understands each client’s business needs and client service preferences and leverages firm resources -- including in the areas of real estate, health care, employment, tax, bankruptcy, and intellectual property -- to provide a full service approach.

Ben is deeply involved in his community, and can almost always be found handling at least one pro bono case, often in conjunction with the Volunteer Lawyer’s Program. Since 2021, Ben has served as the Pro Bono Coordinating Partner for the firm's Phoenix office. Ben also serves on the firm's recruiting and summer associate committees.

Representative Experience:

  • Defended a national class action lawsuit on behalf of a logistics service and transportation provider, and obtained a seven-figure judgment in connection with a counterclaim filed therein.
  • Successfully set aside three default judgments in Arizona tax lien foreclosures affecting millions of dollars in real property, and later ensured those orders were affirmed on appeal.
  • Favorably resolved (and/or defeated) dozens of lawsuits nationwide brought by consumers under a variety of federal statutes (e.g., FDCPA, TCPA, FCRA, TILA).
  • Successfully represented public and private universities in various administrative actions and before various boards.
  • Advised higher education institutions on issues relating to various regulatory and compliance issues, including First Amendment law, Title IX, FERPA, and so on.
  • Represented multiple companies and governmental entities in employee disciplinary matters and appeals arising therefrom.
  • Assist entities in responding Equal Employment Opportunity Commission complaints.
  • Assist in drafting internal policies and procedures for various entities across all legal areas.
  • Negotiated favorable resolution on behalf of cannabis dispensary in connection with administrative action.
  • Defended and successfully resolved dozens of title and/or mortgage related lawsuits on behalf of lenders and servicers.
  • Represented multiple direct sales companies in state and federal court litigation and in connection with investigative demands and FTC actions.
  • Successfully enforced various restrictive covenants, including non-solicitation and non-compete agreements.
  • Favorably resolved various commercial lease disputes and/or contract claims on behalf of commercial landlords and tenants.
  • Successfully represented lenders and creditors in connection with loan enforcement, creditor’s rights, etc.

Legal Services

Education and Honors

  • University of Arizona–James E. Rogers College of Law (J.D., magna cum laude, 2012)
    • Order of the Coif (Member)
    • Arizona Journal of Environmental Law & Policy (Executive Editor)
    • Outstanding Performance in Legal Writing Award (2010)
    • Civil Procedure Moot Court, Best Plaintiff’s Oral Advocate (2009)
  • Northern Arizona University (B.A., with honors, 2009)
    • Major: English
    • Coconino County Bar Association Scholarship
    • Department of English Distinguished Senior Award
    • Phi Alpha Delta (Member)

Bar Admissions

  • Arizona

Court Admissions

  • U.S. District Court, District of Arizona
  • U.S. Court of Appeals, 9th Circuit

Professional and Civic Activities

  • National Association of College and University Attorneys (Member)
  • Volunteer Lawyers Program (Volunteer) (2009-2020)
  • American Bar Association, Litigation Section (Member)
  • Maricopa County Bar Association (Member); Board Member (2019)
  • Salvation Army Legal Clinic (Volunteer)
  • Capital School Homeroom Program (Volunteer)
  • Arizona Elk Society, Northern Arizona Peaks Chapter (Board Member)
  • Legal Fellow to Senator Jon Kyl and the Senate Judiciary Committee (2011)
  • Judicial Extern to Chief Judge John Roll, District of Arizona (2010)
  • American Youth Soccer Organization Coach (2014-2020)
  • Mesa Youth Sports, Volunteer Volleyball Coach (2021-2022)

Professional Recognition

  • Southwest Super Lawyers® – Rising Stars, Business Litigation, 2020, 2021, 2022
  • The Best Lawyers in America® "Ones to Watch", Banking and Finance Law, Commercial Litigation 2021, 2022
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