Benjamin D. Bianco

Overview

Benjamin D. Bianco is a Partner in MSS’s Commercial Litigation Group. Ben handles a wide variety of complex commercial litigation matters in Federal and state courts throughout the country, before arbitration panels, and through mediation on behalf of publicly traded companies, their officers and directors, and other sophisticated commercial clients. Ben regularly represents clients in corporate governance disputes, including partnership and investor disputes; against actions brought under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA); in all aspects of real estate disputes, including property management and sponsor disputes; in construction disputes; and in employment matters.

Ben also has substantial experience in Federal securities fraud and Federal antitrust actions; conducting internal investigations for publicly traded companies; disputes between agents and NFL players; guardianship proceedings brought under Article 81 of the New York Mental Hygiene Law; and actions involving the exercise of political free speech under the First Amendment.

In addition, Ben has developed a significant practice advising clients with regard to start-up company formation, governance, and capital raising.

Prior Experience

Before joining MSS in 2015, Ben managed his own firm (Frank & Bianco LLP) and began his career at two large defense firms (O’Melveny & Myers LLP and Sidley Austin LLP).

At Frank & Bianco, Ben represented clients in actions for alleged violations of Federal securities and antitrust laws, as well as alleged violations of consumer protection laws.

At O’Melveny & Myers and Sidley Austin, Ben represented clients in corporate governance disputes, in lawsuits involving alleged violations of Federal securities and antitrust laws, and in RICO claims. Ben also conducted numerous internal investigations for large, publicly traded companies.

Representative Matters

Institutional Representations:

Representation of a large Brooklyn, New York food manufacturer in all matters relating to its business including, but not limited to, vendor contract negotiation and disputes, employee issues, intellectual property matters, and disputes with shipping vendors under the Carmack Amendment.
Representation of a New York City beauty company in all matters relating to its business including, but not limited to, vendor contract negotiation and disputes, employee issues, intellectual property matters, investor relations, and capital raising activities.

Corporate Governance/Partnership/Investor Disputes:

Represented minority shareholders in a derivative action involving a Delaware corporation, where the shareholders accused the company’s officers and directors of self-dealing in violation of their fiduciary duties under Delaware corporate law.
Represented large telecommunications company, and its officers and directors, against allegations of securities fraud.
Represent clients, against their co-owner, seeking dissolution of a New York corporation, in the Commercial Division (New York County), under Business Corporation Law § 1104.
Represented LLC member seeking an injunction and money damages alleging that her co-founding member in a Delaware LLC was irreparably harming the LLC through flagrant breaches of the non-competition and non-disclosure covenants, as well as through other actions such as the misappropriation of the LLC’s confidential and proprietary information.
Represented investors in a precious metal mining company alleging securities fraud against the company’s officers and directors.

Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) Actions:

Represent New York City landlord in action brought by a disabled individual against landlord and its tenant (a Starbucks store) for Starbucks’s alleged non-compliance with ADA regulations at one of its locations in New York City.
Represent beauty company in dispute with a visually impaired person alleging that the company’s website is not compliant with the ADA.
Represented major New York City landlord and property manager against claims by developmentally disabled persons that the landlord and property manager were violating the FHA by refusing to renew leases on two separate apartments.
Represented restaurant owner against allegations by a disabled person that the restaurant entrance and accommodations were not ADA compliant.

Real Estate/Construction Disputes:

Represent large real estate developer seeking to recover a portfolio of apartments in Texas that were wrongfully foreclosed upon and then sold at a sham Uniform Commercial Code auction.
Represent real estate developer in dispute with architect and law firm for gross negligence in miscalculating a building’s floor area ratio (FAR) causing millions of dollars in damages.
Represent construction company in an arbitration with a New Jersey college concerning the non-payment of a portion of the construction contract.
Represent New York City condominium sponsor in dispute with the condominium’s board of managers over the non-reimbursement of certain expenses to the sponsor for the millions of dollars the sponsor spent in improving the condominium at the request of the board of managers.
Represent real estate developer in lawsuit against its demolition contactor for damages the contractor caused to a neighboring building’s façade.
Represented construction company against subcontractor for delay damages and negligence in failing to complete certain exterior iron work on a building.
Represented major New York City culinary school in commercial lease dispute with landlord.

Antitrust Actions:

Represented large U.S. bank (as a member of Visa and MasterCard) against antitrust allegations levied by American Express concerning Visa and MasterCard’s exclusionary policies.
Represented various product manufacturers and freight forwarders, alleging illegal price fixing activities, against the world’s largest airlines and air freight shipping companies.
Represented a California packaging and shipping company, alleging illegal price fixing and supply constraint activities, against the largest paper manufacturing companies in the United States, concerning the price of cardboard boxes.

Employment Matters:

Represent managing director in negotiating his departure from a large, worldwide banking institution.
Represented senior executive, formerly at a geriatric health care facility, regarding a dispute over his compensation.
Represented senior vice president in negotiating his departure from a major technology company.

Other Matters:

Represent NFL agent in dispute with player over agent fees and reimbursements.
Represent Virginia technology company in contract dispute with one of the largest hardware and software manufacturers in the world.
Represented several Greenwich, Connecticut politicians in lawsuit filed by rival politician concerning their campaign activities and whether the activities were protected by the First Amendment.
Represented two NFL agents in their separate disputes with current NFL players in front of an NFL Players Association arbitrator.