In private practice since 1994. Ben Le Clercq handles a wide range of complex disputes and litigation, and has won in excess of 27.5 million dollars in judgments and settlements on behalf of clients in his career.
Ben counsels individual and corporate clients in federal/state court litigation and arbitration on:
- employment discrimination
- employment disputes
- personal injury and motor vehicle collisions
- covenants not to compete
- theft of trade secrets and confidential property
- Fair Labor Standards Act ("FLSA") issues
- labor disputes
- sexual harassment and sex discrimination
- civil rights violations
- race discrimination
- national origin discrimination
- legal malpractice and professional malpractice
- commercial contracts and commercial disputes
- shareholder agreements, bylaws and LLC operating agreements
- shareholder and partner relationships, business breakups and buyouts
- debtor/creditor and collection issues
Ben assists existing businesses and "start ups" with all issues relating to business operations and formation, including:
- drafting operating agreements and bylaws in multiple states
- negotiation, drafting and execution of distribution, sales agreements, licensing and marketing agreements
- negotiation of mergers, acquisitions and divestitures
- negotiation of relationships among business partners starting a business
- role of minority and majority shareholders and/or members
- design of holding companies and limited liability structures appropriate to business needs
- employment/management contracts and profit sharing
- employment handbooks
- initial and continuing funding and capitalization
- negotiation with lenders and loan applications, structuring of debt, and assistance with the
- corporate finance and private equity investment
With an advanced degree (LL.M.) in International law, Ben has a passion for and diverse legal experience in international business transactions, cross border finance and international litigation strategy for foreign and domestic clients, including:
- Helping U.S. clients with foreign investments
- Structuring operations in foreign jurisdictions through joint venture agreements
- Supervising local counsel in foreign countries
- Helping clients understand diverse regulatory and foreign investment regimes
- Helping U.S. and foreign businesses navigate U.S. tax, immigration, and investment incentive legislation
- Helping U.S. and Foreign clients understand statutes and regulations of the Office of Foreign Assets Control ("OFAC")
- Designing and implementing cross-border transactions, and international licensing of intellectual property
- Representing U.S. clients with business and individual wealth protection planning
- Assisting U.S. clients with the design, implementation and operation of offshore trusts, companies and funds
Ben has assisted U.S. and foreign clients with Immigration issues, including:
- Marriage/fiancé visas
- Removal and deportation proceedings
- Citizenship and "Green Card" Applications
- Non-immigrant visas
- Asylum
- Family based petitions
Ben has extensive experience in intellectual property issues and disputes, including
- trade secret litigation
- trademark and copyright design and registration
- trademark and copyright infringement disputes
- state and federal registrations
- federal, state, and international law and conventions regulating trademarks and copyrights
- cross-border licensing of trademarks and copyrights
- establishment of holding companies in multiple jurisdictions to advantageously license and market trademarks and copyrights