Benjamin Haskin represents an expansive range of businesses in complex commercial litigation. He has litigated breach of contract claims, enforcement of restrictive covenants, shareholder derivative suits, and labor and employment cases. He also represents commercial lenders in Uniform Commercial Code and bankruptcy matters.
Ben participates in all phases of civil litigation, from the investigation of potential causes of actions and defenses, the drafting of complex complaints, and preparation of motions and briefs, to presenting arguments in court. In addition, he actively engages in settlement negotiations and alternative dispute resolution, while he has also successfully litigated cases in state and federal court as well as before the Illinois Appellate Court.
Won appeal in Illinois Appellate Court affirming the dismissal of breach of contract claim against a bank for depositing checks into wrong corporate account by arguing that the receipt of monthly account statements prevented application of discovery rule. Appellate decision is the first in Illinois to hold that receipt of an account statement provides a customer sufficient information to be put on notice of any wrongful activity. PSI Res., LLC v. MB Fin. Bank, Nat. Ass'n, 1-15-2204, 2016 WL 3031530 (Ill. App. Ct. 1st Dist. May 27, 2016).
Drafted successful cross-motion for summary judgment against the Plan Administrator for a bankruptcy debtor asserting Section 548 fraudulent conveyance claim against our client; motion requested bankruptcy court to view value under the good-faith defense from the perspective of the transferor.
Participated in two-day mediation that resulted in favorable settlement after taking depositions of Receiver for bankrupt manufacturer and of bank executive, and defended depositions of client’s CEO and CFO to defend against Receiver’s suit to recover account receivable of $2.9 million and to support client’s defense of breaches of warranty and lost profits in excess of account receivable.
Prevailed on Motion for Directed Finding after the close of Plaintiff’s case while serving as second chair during three-day trial in the Circuit Court of Cook County to defend client against claims of adverse possession and implied easements.
Negotiated a favorable settlement on behalf of a commercial real estate broker in litigation against a management company that failed to pay broker commission on lease extension and renewal.
Won appeal in Illinois Appellate Court that affirmed the grant of summary judgment on behalf of a secured lender against creditor seeking to impose constructive trust over $1.4 million in proceeds of a debtor’s assignment for the benefit of creditors. MBK Services, Inc. v. Cole Taylor Bank, 2013 IL App (1st) 123026-U.
Obtained summary judgment against the Plan Administrator for a bankruptcy debtor asserting Section 548 fraudulent conveyance claim against our client; motion requested bankruptcy court to view value under the good-faith defense from the perspective of the transferor; negotiated favorable settlement on the eve of trial after the District Court upheld Plan Administrator’s objections.
Negotiated favorable settlement in construction litigation case after proving that the defendant had authorized a joint venture agreement that our client fully performed under by providing performance bonds and project management.
Obtained deferral of removal under the United Nation's Convention Against Torture on behalf of Belize citizen seeking asylum in the United States by substantiating claims that the respondent had been tortured and threatened by the Belize Police Department.
Won appeal in Illinois Appellate Court affirming denial of plaintiff’s motion to vacate arbitration award based on finding that plaintiff’s failure to monitor case and 18 months of inactivity did not constitute due diligence as necessary to vacate judgment. Zayan v. Bondarchuk, 2014 IL App (1st) 131151-U.
Obtained dismissal of a lawsuit against commercial lender and its officers and directors alleging consumer fraud and unfair business practices stemming from lender’s collection practices and charge of overdraft fees.
Successfully obtained summary judgment on behalf of a lessor sued for wrongful withholding of security deposit due to finding that the claim had been discharged through an accord and satisfaction after the lessee had deposited the lessor’s check for partial payment that deducted the disputed damages.
Successfully obtained summary judgment on behalf of a secured lender against a creditor seeking to impose a constructive trust over the proceeds of a debtor’s assignment for the benefit of creditors due to an alleged oral agreement between the debtor and creditor. The judgment was affirmed by the appellate court, which held that a lender’s perfected security interest could not be defeated by an undocumented agreement for a debtor to hold funds in trust for the benefit of another.
SPEECHES AND PUBLICATIONS
Ben's presentations include:
“Book & Records Requests Under Delaware & Illinois Law: The Dos & The Do Nots” at the Chicago Bar Association’s Business Divorce and Complex Ownership Committee meeting, Sept. 9, 2019.
“Books & Records Request Strategies Under Sect 7.75 of the Illinois Business Corporation Act & Illinois LLC Act and Litigation Issues,” at the Chicago Bar Association’s Business Divorce & Complex Ownership Dispute Committee meeting, Nov. 12, 2018.
“Admitting Complex Electronic Materials Into Evidence,” a DuPage County Bar Association CLE seminar sponsored by the Civil Law and Practice Section, March 10, 2017.
Ben is also the author of , "The Disappearance of the Requirement That the Internal Revenue Service Exhaust All Reasonable Collection Efforts Against the Primary Obligor," published in the Federal Taxation newsletter of the Illinois State Bar Association's Section on Federal Taxation, Vol. 63 No. 1, September 2016.
Ben joined Aronberg Goldgehn in 2011 after graduating magna cum laude from Loyola University Chicago School of Law.
From 2017 to 2019, he has been recognized annually as an Emerging Lawyer in Commercial Litigation by Illinois Leading Lawyers, a designation awarded to less than 2 percent of Illinois attorneys 40 years old or younger or in practice for 10 or fewer years. In 2018 and 2019 he was named a Rising Star by Illinois Super Lawyers, a designation awarded to no more than 2.5 percent of Illinois attorneys 40 years old or younger or in practice for 10 years or less.
While a law student, he was a member of the Vis Moot Court team that competed against international law students in Hong Kong and was an editor for the International Law Review.
Ben is a member of the Executive Committee of The Young Professionals Board of LAF, which supports the mission and programs of LAF by helping to raise the resources needed to make equal justice a reality for the most vulnerable people in the community. He has been co-chair of the Outreach Committee since 2017.
Loyola University Chicago School of Law, J.D., magna cum laude, 2011
University of Wisconsin - Madison, B.A., History and Political Science, 2005
BAR AND COURT ADMISSIONS
- Illinois, 2011
- U.S. District Court for the Northern District of Illinois
- United States Tax Court
- Chicago Bar Association
- Illinois State Bar Association
- Recognized Annually as an Emerging Lawyer in Commercial Litigation by Illinois Leading Lawyers (2017-2019)
- Named a Rising Star in Business Litigation by Illinois Super Lawyers (2018, 2019)
In his spare time, Ben enjoys going on runs with his Border Collie, exploring Chicago’s always expanding list of restaurants and breweries with his wife, traveling abroad, and cheering for Boston sports teams.
What would you be doing if you weren’t a lawyer? I would be in marketing and think of the next great advertising scheme for a domestic beer company.
What is the best vacation you’ve ever been on? I went to Colombia on my honeymoon, dividing the time between the Caribbean city of Cartagena, a coffee plantation in Manizales and Medellin.
What is your favorite restaurant? Schwa, in Wicker Park. It combines exceptional food with a unique atmosphere that is always fun.