Benjamin A. Lee

Benjamin Lee

is a member of King & Spalding’s Business Litigation Practice Group. He represents clients in complex commercial litigation, with a particular focus on securities and shareholder litigation matters. Mr. Lee also has experience in general commercial litigation, healthcare, antitrust, and insurance coverage litigation, and appellate practice.

Representative matters in which Mr. Lee has appeared in recent years include the following:

Defended CommScope, Inc. and several of its top executives in securities class action; obtained dismissal of all claims asserted in the complaint.

Defended Teavana Holdings, Inc. and its directors in shareholder class action litigation challenging Teavana’s acquisition by Starbucks Corporation. Transaction successfully closed in December 2012.

Defended Family Dollar Stores, Inc. and several of its top executives in securities class action. Plaintiff stipulated to dismiss claims while defendants’ motion to dismiss complaint remained pending.

Defended directors and officers of Piedmont Office Realty Trust, Inc., Wells Real Estate Funds, Inc. and certain of its related entities in two shareholder class actions challenging proxy disclosures related to 2007 transaction pursuant to which Piedmont acquired the entities that had previously been providing its management and advisory functions. Obtained summary judgment in defendants’ favor in one case and dismissal of the complaint in the other case.

Defended directors and officers of Beazer Homes USA, Inc. in shareholder derivative litigation alleging breaches of fiduciary duty in connection with a failed “say on pay” shareholder vote on executive compensation held pursuant to the Dodd-Frank Wall Street Reform And Consumer Protection Act of 2010. Obtained a dismissal of all claims in the first ever written decision adjudicating a motion to dismiss “say on pay” based derivative claims.

Defended Force Protection, Inc. and several of its directors and officers in litigation challenging the Company’s merger with General Dynamics Corporation. Defeated plaintiffs’ motion to enjoin the deal, allowing the transaction to close on schedule in December 2011.

Defended EMS Technologies, Inc. and several of its directors and officers in litigation challenging the Company’s merger with Honeywell International, Inc. Defeated plaintiff's attempt to obtain expedited discovery and earned a full dismissal of the lawsuit with prejudice, allowing the transaction to close without interference in August 2011.

Defended The Home Depot, Inc. and certain of its current and former officers and directors in securities class action litigation. Obtained a dismissal of all claims and an appellate judgment affirming the dismissal.

Defended former officers of Winn-Dixie Stores, Inc. in securities class action litigation. Obtained a dismissal of all claims.

Defended former officers of NetBank, Inc. in class action litigation filed on behalf of uninsured depositors. Obtained a dismissal of all claims.

Defended former officers and directors of NetBank, Inc. in securities class action litigation alleging subprime lending-related claims and accounting misstatements. Obtained a favorable settlement on behalf of clients.

Defended American Tower Corporation and its directors and officers in securities class action and shareholder derivative suits arising out of a restatement of financial results related to stock options accounting.

Won summary judgment on behalf of Force Protection, Inc. and its former directors and officers in shareholder derivative suits.

Awards /Recognitions

Selected as 2011 Rising Star in Securities Litigation by Georgia Super Lawyers Magazine

Publications

“Delaware Supreme Court Extends Shareholder Books and Records Inspection Rights to Privileged Internal Investigation Documents”, Main Justice (August 6, 2014)

“Halliburton Ruling: High Court Affirms Basic v. Levinson and Confirms Defendants May Rebut Reliance Presumption at Class Certification by Showing Absence of Price Impact”, King & Spalding Client Alert (June 2014)

“Fate of Securities Class Actions in Question Following Argument Before High Court in Halliburton v. Erica P. John Fund, Inc.”, Financial Fraud Law Report (April 2014)

Annual Review of Developments in Business and Corporate Litigation, Securities Litigation Chapter (2013 Edition)

“Second Circuit’s Ikanos Decision Illustrates Pitfalls Surrounding MD&A ‘Trends and Uncertainties’ Disclosure”, Securities Law 360°(September 17, 2012)

“U.S. Supreme Court Issues Opinion in Halliburton Case”, King & Spalding Client Alert (June 9, 2011)

“2009 Trends in Securities Class Actions Arising from the Financial Crisis”, Institute of Continuing Legal Education in Georgia’s 15th Securities Litigation and Regulatory Practice Seminar Program Materials (October 30, 2009)

“The Rising Importance of Loss Causation in Securities Class Actions Following Pervasive Market Declines”, Institute of Continuing Legal Education in Georgia’s 15th Securities Litigation and Regulatory Practice Seminar Program Materials (October 30, 2009)

“Securities Class Actions Against Financial Institutions”, Securities Law 360° (October 15, 2008)

“Uninsured Depositor Litigation: An Emerging Threat to Directors and Officers of Troubled Banks?”, Andrews Subprime Litigation Reporter(October 14, 2008)


Good to know

Areas of Practice 1) Shareholder and Securities Litigation and 2) Contracts and Business Torts
Law School J.D., Dean's Merit Scholar, New York University
Admitted Year 2001
Education B.S., magna cum laude, Duke University
Bar Member / Association State bar of Georgia
Most recent firm King & Spalding LLP
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