Ben serves as the chair of McGuireWoods’ Environmental & Mass Tort Department. With extensive litigation experience in both private practice and government service, he represents clients in high-stakes civil litigation, criminal investigations, and appeals. Ben has first chaired numerous jury trials, conducted bench trials, and argued appeals in the U.S. Courts of Appeals for the 4th, 5th, 7th, and D.C. Circuits, as well as the Supreme Court of Virginia.
Prior to joining McGuireWoods, Ben spent nine years as a federal prosecutor with the U.S. Attorney’s Office, serving in the Alexandria, Richmond, and Norfolk divisions of the Eastern District of Virginia. Most recently, Ben served as the Managing Assistant U.S. Attorney (AUSA) and Criminal Chief in the Norfolk Division. He received the John Marshall Award for Trial of Litigation, one of the highest awards given for trial practice by the U.S. Department of Justice, from then Attorney General Eric Holder for his role in a two month trial of several Somali pirates.
Ben previously served as a law clerk to Justice Antonin Scalia of the U.S. Supreme Court and Judge J. Michael Luttig of the U.S. Court of Appeals for the Fourth Circuit. He has also served at times as an adjunct professor teaching the advanced brief writing class at The College of William and Mary Marshall-Wythe School of Law.
- Represented an aerospace manufacturer in a high-profile investigation conducted by the U.S. Department of Justice.
- Represented a utility in U.S. Department of Justice and Securities and Exchange Commission investigations resulting from the abandonment of a major nuclear project.
- Represented manufacturing and transportation clients in multiple federal court antitrust cases, both as plaintiff’s counsel and defendant’s counsel.
- Led the successful defense of an aerospace manufacturer in a nationwide class action alleging violations of the RICO statute.
- Successfully sued a foreign nation under the Foreign Sovereign Immunities Act and secured judgment of half a billion dollars based on the wrongful killing of a U.S. citizen.
- Anti-Bribery & Anti-Corruption (FCPA)
- Appeals & Issues
- Commercial Litigation
- Crisis Management & Incident Response
- Educational Institutions Investigations
- Environmental Enforcement & Regulatory Counseling
- Environmental Litigation
- Government Contract Investigations and Enforcement
- Government Investigations & White Collar Litigation
- Law Enforcement Policy and Practice Reviews
- Political Investigations Litigation and Enforcement
- Product Liability & Mass Tort
- Securities Enforcement & Regulatory Counseling
Harvard Law SchoolJD
magna cum laude, Editor, Articles, Books & Commentaries Committee Harvard Law Review2002
University of VirginiaBAGovernment
Selected for inclusion in America’s Leading Lawyers for Business, Litigation: White-Collar Crime & Government Investigations, Illinois, Chambers USA, 2023
Selected for inclusion in “Legal 500 United States,” Corporate Investigations and White-Collar Criminal Defense, 2020-2023
Selected for inclusion as a “Leading Lawyer,” Corporate Investigations and White-Collar Criminal Defense, Virginia, Legal 500 US, 2017
John Marshall Award for Trial of Litigation, Attorney General’s Award, 2014
Director’s Award for Superior Performance by a Litigative Team, Executive Office for U.S. Attorneys, 2011
- Author, New Due Process Protection Act Amends Criminal Rule 5, May Strengthen Defendants’ Brady Rights, Subject to Inquiry, December 1, 2020
- District of Columbia
- U.S. Supreme Court
- U.S. Court of Appeals for the 4th Circuit
- U.S. Court of Appeals for the 5th Circuit
- U.S. Court of Appeals for the 7th Circuit
- U.S. Court of Appeals for the 9th Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Northern District of Illinois
- Panelist, Hot Issues of the 2019-2020 U.S. Supreme Court Term, Complimentary Webinar, October 17, 2019
- Panelist, Hot Issues of the 2018-2019 U.S. Supreme Court Term, August 15, 2018
- Speaker, "Effective Internal Investigations for Healthcare Entities", Healthcare Litigation and Compliance Webinar Series, September 19, 2017
- Hon. Antonin Scalia, U.S. Supreme Court, 2003-2004
- Hon. J. Michael Luttig, U.S. Court of Appeals for the 4th Circuit, 2002-2003