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 in bet-the-company litigation to defending high-profile class and collective actions to managing compelled FLSA arbitrations on a national scale, Ben 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 New Mexico; the District of South Carolina; the Eastern and Western Districts of Tennessee; the Northern, Southern, and Middle Districts of Georgia; the Northern, Southern and Western Districts of Texas; the Western District of Louisiana; 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 eight consecutive years and deemed an “Acritas Star” for 2018, a designation solely determined by senior in-house counsel at organizations with revenues of $50 million and above.

Ben is regularly requested as a speaker on employment law issues in forums across the country, to include the American Bar Association, Workplace Strategies, the North Carolina Bar Association, North Carolina SHRM, and various local ACC Chapters.


Experience

Professional Highlights:

  • Currently manage a nationwide portfolio of arbitrations compelled from class and collective actions.
  • Personally argued Motions to Dismiss/Compel Arbitration in various jurisdictions across the country, to include the successful handling of evidentiary hearings related to the same and otherwise defending any remaining class and collective actions.
  • 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 misclassification collective action against a retail client in the U.S. District Court for the Eastern District of Tennessee following a motion to dismiss.
  • First-chaired a whistleblower trial in North Carolina state court arising from a termination three days following an industrial accident. The jury returned a complete no liability verdict.
  • Obtained summary judgment in countless lawsuits alleging claims pursuant to virtually every Federal employment statute and various state statutory and common law employment 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)

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Media

Media Quotes

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

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