Benjamin K. Jacobs litigates high-stakes employment cases and advises on complex workplace issues. He has achieved victories for employers facing discrimination, harassment, wage and hour, breach-of-contract, and whistleblower claims, and has obtained crucial injunctive relief in high-profile noncompete, nonsolicit, and trade secret cases. Ben also has substantial experience managing complex class and collective actions, including guiding one client through a series of such lawsuits across the country.
In addition to his litigation work, Ben counsels employers to help them comply with employment and independent contractor laws, and drafts and advises on employment and restrictive covenant agreements.
A versatile litigator and counselor, Ben has successfully represented clients in an assortment of different industries and venues. Ben has won cases in state and federal courts (including at trial) and arbitrations for clients in the food, pharmaceutical, professional services, finance and insurance, and technology industries.
Ben has a strong commitment to pro bono work and his community. He provides pro bono counsel to small businesses and nonprofit organizations on various employment law issues and has participated on the Eastern District of Pennsylvania’s Prisoner Civil Rights Panel. Ben has also served on the board of directors for the Kelly Anne Dolan Memorial Fund, which helps families caring for children with serious illnesses, disabilities, and injuries.
A leading pharmaceutical company in obtaining a complete victory on summary judgment in a case involving whistleblower and Family and Medical Leave Act–retaliation claims
A major insurance firm in obtaining a complete victory at trial in a multimillion-dollar breach-of-contract and fiduciary-duty claim brought by a former agent
A leading technology company in obtaining an order granting a motion for expedited discovery in a trade secret/restrictive covenant dispute that led to a favorable resolution
A major pharmaceutical company in winning summary judgment on every claim brought by a plaintiff asserting a litany of state and federal whistleblower and retaliation claims
A major food manufacturer in winning an early motion to dismiss state law wage and hour claims
A large professional services firm in obtaining a complete victory after a one-week arbitration, including defeating a breach-of-contract claim and prevailing on a multimillion-dollar counterclaim
A major food manufacturer in successfully compelling to arbitration claims of hundreds of opt-in plaintiffs in a Fair Labor Standards Act (FLSA) collective action, thereby substantially reducing the size of the collective
A large bank in successfully compelling the plaintiff’s claims to arbitration (leading to a favorable resolution of the matter)
A genetic medicines company in obtaining a complete dismissal of breach-of-contract and tort claims asserted by a former executive
A major food manufacturer in obtaining a favorable resolution in a trade secret dispute against a former executive, including requiring the former executive to comply with a complex computer forensics protocol to ensure the return/destruction of the company’s confidential materials
A national department store chain in winning an early motion to dismiss all claims brought by a plaintiff in a wage and hour dispute
A major food manufacturer in obtaining a decision from the National Labor Relations Board that the company properly classified a group of distributors as independent contractors (thus defeating a campaign to unionize the group)
Clients in various industries in obtaining dozens of favorable resolutions in single-plaintiff discrimination and harassment matters
Clients in various industries in obtaining several class and collective action settlements in FLSA and state law wage and hour matters
University of Pennsylvania Law School, 2013, J.D.
Pennsylvania State University, 2010, B.S., With Honors
US Court of Appeals for the Sixth Circuit
US Court of Appeals for the Eleventh Circuit
US District Court for the Eastern District of Pennsylvania
Awards and Affiliations
Member, Practice Group of the Year, Employment, Law360 (2017, 2019)