About Ben

Trial-ready and responsive litigation counsel

Ben Nielsen is an experienced litigator and trial lawyer representing clients in complex commercial and civil matters in Arizona and nationwide. He has successfully represented individuals and businesses in a variety of industries as well as higher education institutions (public and private) and governmental entities. Ben focuses on:

  • Commercial litigation, including class actions and appeals
  • Employment litigation
  • Advising higher education institutions

Ben 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 range of services.

Ben is the pro bono coordinating partner for the firm's Phoenix office.

Experience in Action

  • Advising on commercial litigation, including contract disputes, business torts, real estate litigation, mortgage disputes, tax lien foreclosures, consumer protection disputes and employment-related litigation.
  • Defending clients in class-actions nationwide.
  • Representing clients in trials and appellate matters, including before the Arizona Court of Appeals and the Arizona Supreme Court.
  • Representing clients in arbitrations in multiple forums, including AAA and JAMS.
  • Representing businesses in matters involving intellectual property.
  • Prosecuting and defending professional negligence and malpractice allegations against attorneys and other professionals.
  • Assisting entities in responding to Equal Employment Opportunity Commission complaints.
  • Assisting in drafting internal policies and procedures for various entities across all legal areas.
  • Advising higher education institutions on issues relating to various regulatory and compliance issues, including First Amendment law, Title IX, FERPA and other laws and regulations.
  • Representing public and private universities in administrative actions and before regulatory boards.

Successes

  • 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).
  • Represented multiple companies and governmental entities in employee disciplinary matters and related appeals.
  • 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 and other creditor’s rights matters.

Professional Recognitions

  • The Best Lawyers in America® "Ones to Watch", Banking and Finance Law, Commercial Litigation 2021, 2022, 2023
  • Southwest Super Lawyers® – Rising Stars, Business Litigation, 2020, 2021, 2022

Professional & 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)
  • Volunteer Lawyer’s Program, pro bono counsel 

News & Insights

Education

Bar Admissions

Court Admissions

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