Benjamin Lee

• Defending Global Payments, Inc. in securities class action litigation.
• Defended SolarWinds Corporation in securities class action and shareholder derivative litigation; obtained dismissal of derivative claims in Delaware Court of Chancery.
• Defended Capital One Financial Corporation in securities class action; obtained dismissal of all claims.
• Defended ManTech International, EVO Payments, Inc., Mativ Holdings, Inc. (f/k/a Schweitzer-Mauduit International, Inc.), Kraton Corporation, Hanger, Inc., and Exterran Corporation in securities litigation matters arising in connection with M&A transactions.
• Defended HD Supply Holdings, Inc. in securities class action and shareholder derivative litigation.
• Defended Equifax Inc. in securities class action and shareholder derivative litigation.
• Defended Galectin Therapeutics, Inc. and several officers and directors in securities class action and shareholder derivative litigation; obtained dismissal of all claims at pleading stage.
• Defended CommScope, Inc. and several of its top executives in securities class action; obtained dismissal of all claims.
• Defended Family Dollar Stores, Inc. and several of its top executives in securities class action. Plaintiff stipulated to dismiss claims while defendants’ motion to dismiss complaint remained pending.
• Defended directors and officers of Piedmont Office Realty Trust, Inc., Wells Real Estate Funds, Inc. and certain of its related entities in two shareholder class actions challenging proxy disclosures related to 2007 transaction pursuant to which Piedmont acquired the entities that had previously been providing its management and advisory functions. Obtained summary judgment in defendants’ favor in one case and dismissal of the complaint in the other case.
• Defended directors and officers of Beazer Homes USA, Inc. in shareholder derivative litigation alleging breaches of fiduciary duty in connection with a failed “say on pay” shareholder vote on executive compensation held pursuant to the Dodd-Frank Wall Street Reform And Consumer Protection Act of 2010. Obtained a dismissal of all claims in the first ever written decision adjudicating a motion to dismiss “say on pay” based derivative claims.
• Defended The Home Depot, Inc. and certain of its current and former officers and directors in securities class action litigation. Obtained a dismissal of all claims and an appellate judgment affirming the dismissal.
• Defended former officers of Winn-Dixie Stores, Inc. in securities class action litigation; obtained dismissal of all claims.

Benjamin Lee is a member of King & Spalding’s Shareholder and Securities Litigation practice, representing clients in complex commercial litigation.

Benjamin focuses particularly on securities and shareholder litigation matters, including defense of securities class actions, shareholder derivative litigation, and suits arising in connection with M&A transactions. He also has experience in general commercial litigation, healthcare, antitrust and insurance coverage litigation and appellate practice. 

Recognition

• Selected as a 2011 "Rising Star" in Securities Litigation by Georgia Super Lawyers Magazine.

Publications

• “Chancery Court Decision Illuminates Contours of Director Oversight Liability,” Harvard Law School Forum on Corporate Governance (October 2022).

• "U.S. Supreme Court Holds American Pipe Does Not Permit Repeat Filing of Class Claims After Limitations Period," King & Spalding Client Alert (June 2018)

• “Delaware Court Refuses To Enforce Fee-Shifting Bylaw Against Former Shareholder Who Was Cashed Out Before Its Adoption,” King & Spalding Client Alert (March 2015).

• “Delaware Supreme Court Extends Shareholder Books and Records Inspection Rights to Privileged Internal Investigation Documents,” Main Justice (August 6, 2014).
   
• “Halliburton Ruling: High Court Affirms Basic v. Levinson and Confirms Defendants May Rebut Reliance Presumption at Class Certification by Showing Absence of Price Impact,” King & Spalding Client Alert (June 2014).
   
• “Fate of Securities Class Actions in Question Following Argument Before High Court in Halliburton v. Erica P. John Fund, Inc.,” Financial Fraud Law Report (April 2014).
   
• Annual Review of Developments in Business and Corporate Litigation, Securities Litigation Chapter (2013 Edition).
   
• “Second Circuit’s Ikanos Decision Illustrates Pitfalls Surrounding MD&A ‘Trends and Uncertainties’ Disclosure,” Securities Law 360°(September 17, 2012) .
   
•  “U.S. Supreme Court Issues Opinion in Halliburton Case,” King & Spalding Client Alert (June 9, 2011).
   
• “2009 Trends in Securities Class Actions Arising from the Financial Crisis,” Institute of Continuing Legal Education in Georgia’s 15th Securities Litigation and Regulatory Practice Seminar Program Materials (October 30, 2009).
   
• “The Rising Importance of Loss Causation in Securities Class Actions Following Pervasive Market Declines,” Institute of Continuing Legal Education in Georgia’s 15th Securities Litigation and Regulatory Practice Seminar Program Materials (October 30, 2009).
   
• “Securities Class Actions Against Financial Institutions,” Securities Law 360° (October 15, 2008).
   
• “Uninsured Depositor Litigation: An Emerging Threat to Directors and Officers of Troubled Banks?” Andrews Subprime Litigation Reporter (October 14, 2008).