Ben VandenBerghe

Practice Emphasis and Experience

Business, Construction, Creditor-Debtor, Dispute Resolution, Employment, Environmental Law, Franchise, Insurance Coverage and Recovery, Litigation, Trust & Estate Litigation and Dispute Resolution

Ben VandenBerghe is a commercial and general civil litigator with experience in state and federal trial and appellate courts. Ben has a results-oriented, practical approach to litigation and dispute resolution, and strives to conclude matters for his clients as quickly and cost-effectively as possible. Ben represents clients ranging from Fortune 100 multinational companies to individuals and small business owners. Ben’s core practice is the representation of small and medium sized local businesses dealing with contract, employment, insurance coverage, regulatory, and creditor-debtor disputes. Ben also handles litigation matters arising from trusts and estates/elder care, as well as real property disputes, and franchise disputes for both franchisees and franchisors.

Ben attended the University of Washington for undergraduate studies and law school. Prior to attending college, Ben served as an infantry paratrooper in 2nd Ranger Battalion and is a graduate of US Army Ranger School. Ben is active in community and business groups in the North Seattle area.

Professional Recognition

  • Top Rated Litigation Attorney, Super Lawyers, 2015 – 2016.
  • Rising Star Attorney, Super Lawyers, 2012 – 2014.
  • Best Speaker – Thomas Tang National Moot Court Competition, 2003
  • Second Best Speaker – August A. Rendigs National Products Liability Moot Court Competition, 2002
  • Order of the Barristers, 1999
  • Phi Beta Kappa
  • Mary Gates Leadership Grant Recipient, 1996

Education

Professional & Community Associations

Ben is admitted to practice in all Washington State Courts, the U.S. District Courts for the Western and Eastern Districts of Washington, and the U.S. Court of Appeals for the Ninth Circuit.

Professional Memberships:

Community Associations:

Litigation Experience

Superior Court jury and bench trial victories in construction, contract, and property boundary line disputes

Extensive litigation experience in federal and state court cases with resolutions prior to trial including contracts, employment, real property, products liability, creditor-debtor, and insurance coverage disputes

Formal and informal arbitration experience through JAMS, JDR, and private arbitrators under AAA, Superior Court Mandatory Arbitration, and hybrid arbitration rules

Extensive formal and informal mediation experience through JDR, WAMS, JAMS, and private mediators

Civil appeals before Division I and Division II of the Washington Court of Appeals, Washington Supreme Court, and the Ninth Circuit Court of Appeals

Administrative hearings and regulatory cases before state and federal agencies, including appeals of agency decisions to Washington Superior Court

Representative Cases

Obtained favorable nuisance-level settlement of $5M products liability claim against industrial electrical component manufacturer by exculpatory evidence through disputed electronic and international discovery

Obtained insurance coverage and ruling of bad faith failure to defend as a matter of law in insurance coverage claim against international carrier before Washington State Supreme Court, American Best Food, Inc. v. Alea London Ltd., 168 Wn.2d 398, 229 P.3d 696 (2010)

Obtained favorable settlement and dismissal of TEDRA Petition seeking to remove trustee in elder care dispute involving $2M in assets after discovery and disputed motions practice

Obtained substantial six-figure jury verdict and judgment for breach of contract and breach of fiduciary duty arising out of a commercial real estate development partnership

Obtained summary judgment dismissal in wrongful termination and breach of employment agreement claim seeking more than $2M in damages

Obtained dismissal and broad release for settlement payment of less than $10,000 in wrongful termination/discrimination claim seeking over $250,000

Obtained insurance coverage and favorable settlement in harassment claim through aggressive negotiation prior to filing of lawsuit for high profile professional organization

Pursued judgment debtor and obtained substantial six-figure settlement of 19 year-old judgment through discovery of hidden banking records, multiple supplemental proceedings, issuance of a bench warrant, and contested contempt hearings

Obtained dismissal of claims for enforcement of view preservation covenants for homeowners through summary judgment (affirmed on appeal)

Publications and Presentations

Ben regularly appears as a speaker at an assortment of speaking engagements and conferences throughout the year.

  • Panelist and Speaker, “Law School Curricula and Graduate Readiness for Law Firm Private Practice,” AALL Annual Meeting, Seattle, Washington, July 13, 2013.
  • Author and Speaker, “Accounting 101 for Attorneys — Complying with Ethical Standards,” National Business Institute, CLE, Accounting Basics for Attorneys, September 21, 2011, October 23, 2012, October 22, 2013 and September 26, 2014 .
  • Author and Speaker, “Three Potentially Perilous Phases of the Employment Relationship.” Multiple presentations a year to business groups and management teams for existing clients.
  • Author and Speaker, “Procedural and Jurisdictional Issues – TEDRA vs. Probate Disputes,” Kitsap Foundation, Kitsap Estate Planner Seminar, January 26, 2017.