Practice and Industry Groups

Benjamin R. Holland

Shareholder Charlotte

Ben Holland is a results-oriented employment lawyer maintaining a national practice. As a litigator, Ben is both aggressive and well-versed in virtually every aspect of employment litigation. From serving as first-chair trial counsel to arguing before the Federal Courts of Appeals, he has an accomplished litigation track record spanning jurisdictions across the country. 

In addition to his litigation practice, Ben serves as general employment counsel for a number of clients, giving him a practical business perspective at times missing in external counsel. His ultimate focus is on serving as a fully-integrated business partner to each of his clients, with an eye toward understanding employment issues from the client's perspective and affirmatively bringing value to each client's bottom line. 

As a truly national partner to his clients, Ben has handled lawsuits in a number of jurisdictions, including the state courts of North Carolina, South Carolina, Tennessee, Georgia, Louisiana, and West Virginia, along with federal employment lawsuits in the following jurisdictions: the Southern District of New York; the Western, Middle, and Eastern Districts of North Carolina; the District of Arizona; the District of South Carolina; the Eastern and Western Districts of Tennessee; the Northern, Southern, and Middle Districts of Georgia; the Northern District of Texas; the District of Connecticut; and the Northern District of California. He has also successfully handled appeals before the United States Courts of Appeals for the Second, Fourth, and Eleventh Circuits.

Ben received a "Preeminent" AV-rating by Martindale-Hubbell, was named a Super Lawyers "Rising Star" for each of the past eight years and was included in Business North Carolina's "Legal Elite."



Experience

Professional Highlights:

  • First chaired a Federal trial in the District of Arizona for a nuclear energy company in an employment contract dispute.  The Court entered a judgment in favor of the employer, including an award of attorneys’ fees
  • Successfully tried a Federal jury trial in the District of South Carolina for a nuclear energy company in an employment contract dispute.  The jury entered a verdict for the employer.
  • Argued before the U.S. Court of Appeals for the Second Circuit in a lawsuit alleging gender and national origin discrimination against a retail employer.  The Second Circuit affirmed the summary judgment order.
  • Successfully argued before the U.S. Court of Appeals for the Eleventh Circuit in a lawsuit alleging age and race discrimination. The Eleventh Circuit affirmed the summary judgment order.
  • In concert with colleagues from Ogletree's Nashville office, obtained an early dismissal of an FLSA collective action against a retail client in the U.S. District Court for the Eastern District of Tennessee following a motion to dismiss.
  • Obtained a five-figure attorneys’ fee award in North Carolina state court after successfully arguing a motion to dismiss various employment-related tort claims against a manufacturing company. 
  • Awarded directed verdict in an AAA arbitration alleging disability discrimination and retaliation against a retail company. 
  • Obtained summary judgment in countless lawsuits alleging claims pursuant to virtually every Federal employment statute and most North Carolina common law employment tort claims. 

Professional Activities and Speeches

Professional Activities:

  • Board of Directors, Parkinson Association of the Carolinas (2007-2013)
  • Board of Directors, Charlotte Area SHRM (2013)
  • Board of Directors, United States Masters Swimming, North Carolina LMSC (2013)
  • Charlotte Chamber Leadership School (2005)

Speeches:

  • TEA Certificate Series - ''Dealing with Difficult Employees - Discharge, Discipline . . . Or Denial'' - Charlotte - December 11, 2014
  • North Carolina SHRM 2013 Annual Meeting - ''Advanced Issues in Managing Leaves of Absence'' - Winston-Salem - September 2013
  • The Employers Association - ''North Carolina Unemployment Reform'' - Charlotte - April 30, 2013
  • Association of Corporate Counsel - ''Hiring Investigations'' - Winston-Salem - March 2013
  • Ogletree Deakins Briefing - ''North Carolina Unemployment Reform: A Return to Sanity'' - Charlotte - March 2013
  • North Carolina Society for Human Resource Management Annual Meeting - ''Fair Credit Reporting Act and the Proper Use of Background Checks'' - Wilmington - September 2012
  • North Carolina Society for Human Resource Management Annual Meeting - ''Regulating Employee Conduct On and Off the Job'' - Wilmington - September 2012
  • Ogletree Deakins Briefing - ''Fair Credit Reporting Act and the Proper Use of Background Checks'' - Charlotte - April 2012
  • Sterling Education Services - ''Labor & Employment Law 2012'' - Charlotte - March 28, 2012
  • Sterling Education Services - ''The Wonders of Social Media'' - Charlotte - March 2012
  • Sterling Education Services - ''Employment Law Beyond the Basics'' - Charlotte - March 01, 2011
  • Sterling Education Services - ''Fundamentals of Employment Law'' - Charlotte - August 24, 2010
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Media

Media Quotes

March 06, 2012 - Law360 - "Ogletree Welcomes McGuireWoods Labor Pro to Charlotte"

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