Benjamin Nielsen handles complex commercial litigation matters. Mr. Nielsen's litigation practice has an emphasis in real property disputes, consumer lending, contract disputes, and other commercial torts. Mr. Nielsen routinely represents financial institutions and businesses in all aspects of litigation. Mr. Nielsen's recent experience includes
- Representation of individuals and local and national corporations in complex contract and commercial tort disputes.
- Representation of financial institutions, both large and small, in connection with loan defaults, judicial and nonjudicial foreclosures, lender liability claims, various lien priority disputes, loan modification issues, and other mortgage-related, contested litigation.
- Representation of national lending institutions in Arizona state tax lien foreclosures.
- Representation of national lending institutions and trustees in lawsuits governing the proper distribution of excess proceeds stemming from trustee's sales.
- Representation of financial institutions in cases brought under and/or implicating FCRA, FDCPA, RESPA, HAMP, etc.
- Representation of creditors in contested probate litigation.
- Representation of municipalities and public utilities in contract, warranty, and commercial tort disputes.
- Representation of a private university in contract and employment disputes.
- Representation of commercial landlords and tenants in commercial lease disputes.
- Representation of individuals and companies in drastically reducing personal debt owed to multiple creditors.
- Representation of individuals and companies in defending against post judgment collection actions, including garnishment actions.
- Representation of national franchisors in connection with claims for breach of franchise agreements.
- Representation of individuals and companies in lawsuits that concern easement interpretation/enforceability issues.
- Representation of both plaintiffs and defendants in professional liability litigation.
- Pro bono representation of individual in carrier liability matter.
- Pro bono representation of individual in wrongful eviction / breach of lease matter.
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)
- Judge John G. Hawkins scholar; J. Reuben Clark Law Society (Member)
- Northern Arizona University (B.A., with honors, 2009)
- Major: English
- Coconino County Bar Association Scholarship
- Department of English Distinguished Senior Award
- Phi Alpha Delta
- U.S. District Court, District of Arizona, 2012
Professional and Civic Activities
- American Bar Association, Litigation Section (Member)
- Maricopa County Bar Association (Member)
- Salvation Army Legal Clinic (Volunteer)
- Capital School Homeroom Program (Volunteer)
- Volunteer Lawyers Program (Volunteer)
- Legal Fellow to Senator Jon Kyl and the Senate Judiciary Committee (2011)
- Judicial Extern to Chief Judge John Roll, District of Arizona (2010)