Thomas M. Benjamin Partner—New Orleans Phone: 504.584.5464 Fax: 504.584.5452 thomas.benjamin@bswllp.com

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Thomas M. Benjamin is a partner in the New Orleans office, where he practices in the commercial litigation section. Mr. Benjamin has represented clients in a wide variety of business related disputes. These include contract and lease litigation, partnership and shareholder disputes, unfair competition and trade practices, lender liability, securities fraud, product liability, construction disputes, copyright infringement, and bankruptcy litigation. Mr. Benjamin also has extensive experience in gaming law representing clients in regulatory, permitting, and licensing matters before local and state governments including before and in consultation with the Louisiana Gaming Control Board, the Attorney General’s Office, and the State Police and in the acquisition and sale of gaming assets.

Mr. Benjamin has extensive experience in all aspects of litigation including trial and appellate work and arbitration. An example of a matter successfully handled by Mr. Benjamin from the trial court through the appeal to the U.S. Fifth Circuit is reported at Solo Serve Corp. v. Westowne Associates, 929 F.2d 160 (5th Cir. 1991).

Mr. Benjamin has also represented clients in various business related transactions including contracts and leases, formations of companies, and the purchase and sale of assets.

Mr. Benjamin graduated cum laude from Tulane University School of Law in 1987 where he was a member of the Order of the Coif and the Tulane Moot Court Board. He earned a Bachelor of Arts degree from the University of North Carolina at Chapel Hill in 1983.

Mr. Benjamin is admitted to the Bars of the State of Louisiana, the United States District Courts Eastern, Middle, and Western Districts and the United States Fifth Circuit. Mr. Benjamin is a native of New Orleans. He is the former President and current member of the Board of Governors of the Louisiana Civil Service League and former board member of the Alumni Board of Metairie Park Country Day School.

Admissions

Louisiana, 1988

United States District Court, Eastern, Middle and Western Districts of Louisiana

United States Court of Appeals for the Fifth Circuit

Education

University of North Carolina at Chapel Hill, B.A., 1983

Tulane University, J.D., 1987, cum laude

Publications

"The Supreme Court Continues to Rein in Punitive Damages", published in Network, the Newsletter of the Business and Corporate Litigation Committee of the Business Law Section of the American Bar Association, Vol. 11 Issue 2 (Summer 2003).

Professional & Civic Associations

American Bar Association

Louisiana State Bar Association

New Orleans Bar Association

Louisiana Civil Service League, Current Member of Board of Governors; President, 2000 - 2002; Secretary, 1998 - 2000

Metairie Park Country Day School, Alumni Board 1999 - 2001; Alumni Chairman, Annual Giving Council, 1997

Honors

Order of the Coif

Moot Court Board

Chambers USA: America’s Leading Business Lawyers for Louisiana 2010 and 2011– Gaming & Licensing

AV® Peer Review Rating In Martindale-Hubbell. CV, BV, and AV are registered certification marks of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories—legal ability and general ethical standards.

Cases

Monnie Greer, et al versus Denbury Resources Inc., et al, 2006 WL 2475317 (E.D. La. 2006). Successfully defended publicly traded oil company and its chief executive officer in a suit brought by eleven former employees claiming in excess of $10 million in damages allegedly due as a result of stock options vesting from a corporate reorganization and subsequent sale of a subsidiary.

United Companies Financial Corporation Securities Litigation. Successfully represented former Chief Executive Officer of United Companies in defending against securities fraud class actions, individual shareholder litigation, and ESOP litigation involving claims totaling over $100 million.

In re: Tahkenitch Tree Farm Partnership (Yorkshire Partnership, Ltd. v. Pacific Capital Partners). Successfully represented partner in multi-million dollar breach of contract and fraud dispute involving timber properties.

Jules Maraist v. Polymer International Corp., 2000 WL 666381 (E.D. La. 2000). Successfully defended company against stock option and profit sharing dispute brought by former executive.

Aneco Reinsurance Company (Peter Mitchell, as Liquidator of Aneco v. James H. Brown Commissioner of Insurance, et al). Obtained judgment requiring over $1 million in funds to be turned over to a debtor in a foreign insolvency proceeding.

Morgan Keegan & Company v. Stern, Agee & Leach, Inc., et al. Defended brokerage firm and brokers against federal court and subsequent NASD proceeding involving alleged claim of raiding of brokers, unfair trade practices, and breach of non-compete and non-solicitation contracts.

Illinois Central Railroad Company v. 16.032 Acres of Land in Jefferson Parish, Louisiana, 1999 WL 1276835 (E. D. La. 1999). Represented railroad in expropriation of property and defense of counter-claim relating to same.

Coastal Land and Timber Company v. Florgan Forest Products. Successfully obtained a judgment on behalf of principal in suit for breach of fiduciary duty and misappropriation of funds by agent.

Andy McDonald Copyright Litigation. Prosecuted claims on behalf of home designer against various contractors and architects involving infringement of home design plans.

Solo Serve Corp. v. Westowne Associates, 929 F.2d 160 (5th Cir 1991). Represented landlord from the trial court through the appeal before the U.S. Fifth Circuit in dispute over shopping center lease.