Benjamin A. Garber
Benjamin Garber concentrates his practice on complex and often high-stakes commercial litigation matters. Ben has substantial experience successfully litigating an array of business disputes involving contract claims, real estate and banking law, lender liability, partnership break ups, trade secrets, non-competes and business torts on behalf of both plaintiffs and defendants.
Ben’s clients, who trust him most when their business lives depend on it, include commercial property owners, real estate developers, homebuilders, real estate investment management and operating companies, financial institutions, restauranteurs, brokerage firms, entrepreneurs and business executives and owners.
Ben has first-chaired multiple cases to verdict. Ben has recovered and/or saved clients over $100,000,000. His successes include prosecuting lender liability claims for real estate developers, saving them approximately $33 million, winning $2.7 million for a Philadelphia real estate developer, recovering judgments and properties in sprawling litigation over $26 million in real estate loans, obtaining multi six figure verdict at trial in Philadelphia, and obtaining dismissal of RICO claims seeking over $63,000,000 which ruling was affirmed by the U.S. Supreme Court.
Prior to joining the firm, Ben served as a judicial law clerk for the Hon. Anne E. Lazarus of the Superior Court of Pennsylvania. Ben also served as an intern for the Hon. Richard B. Klein (Ret.) of the Superior Court of Pennsylvania.
Representative Matters
- Successfully prosecuted lender liability claims for real estate developers, against one of the world’s largest international banks, resulting in a recovery of approximately $33 million.
- Obtained $2.7 million judgment in favor of a real estate developer in a contract action arising out of a failed real estate development, defeating adversary’s lawsuit, and successfully litigating appeals through the state supreme court.
- Obtained judgments on behalf of borrowers and guarantors in connection with $26 million in real estate loans, recovering multiple properties throughout Pennsylvania and defeating fraud and lender liability claims against the bank brought by obligors.
- Successfully defended multi-million-dollar bad faith contract claim brought against Fortune 500 company by former executive claiming entitlement to a “change of control payment.”
- Successfully defended and prosecuted multi-million-dollar business torts and contract claims concerning the exploitation of patents and trademarks for various medical device products in connection with an asset purchase agreement with Chinese national.
- Successfully resolved contract and business tort claims on behalf of a Canadian business funding company.
- Successfully resolved seven figure plus commercial lease dispute against Fortune 200 company.
- Successfully resolved multi-million-dollar business torts claim on behalf of a group of investors against the manager of an industrial manufacturing company.
- Successfully defeated multi-million dollar claim by member of a limited liability company against the manager relating to planned exploitation of digital food product app pre-trial and thereafter prevailed at trial to obtain a verdict dissolving the company.
- Successfully resolved multiple partnership breakups including highly publicized law firm break up.
- Successfully resolved multi-million-dollar lender liability lawsuit following a bench trial in federal court.
- Obtained dismissal of alleged multi-million-dollar business tort claims brought against a real estate broker and firm arising from competing commercial real estate development projects.
- Prevailed in multiple federal district and appellate courts, and in the Chancery Court and Supreme Court of Delaware, in sprawling litigation over the commercial exploitation of a patent.
- Successfully prosecuted claims of unfair competition and breaches of restrictive covenants, obtaining an injunction against competing insurance agency and sales agents over $100,000,000+ in insurance product sales.
- Obtained multi six figure verdict at trial in breach of contract action.
- Obtained dismissal in federal court of RICO claims seeking millions of dollars in damages against a New Jersey financial institution and its officers (ruling ultimately affirmed by the US Supreme Court).
- Obtained an injunction against condominium association on behalf of commercial tenant.
Successfully represented a real estate developer, defeating multi six figure arbitration claim by a condominium association. - Obtained multi-million-dollar judgment at trial on behalf of bank.
- Obtained pre-trial victory in favor of commercial landlord against commercial real estate broker in an action brought under PA Commercial Real Estate Broker Lien Act.
- Successfully litigated claims of alleged construction defects on behalf of a national residential home builder.
- Successfully handled lender liability claims against bank on behalf of a business arising from fraudulent electronic transfers.
Recognition & Accomplishments
Rising Star, Pennsylvania Super Lawyers (2015-2022)
Community Activities
Former Board Member, Green Valley Country Club
Practice Areas