Benjamin K. Jacobs

Partner | Employment, Labor, and Benefits

About

Benjamin K. Jacobs litigates high-stakes employment cases and advises on complex workplace issues. He has secured victories for employers facing discrimination, harassment, wage and hour, breach-of-contract, and whistleblower/retaliation claims, and has obtained crucial injunctive relief in high-profile noncompete, nonsolicit, and trade secret cases. Ben also has substantial experience managing complex class and collective actions, including guiding one client through a series of such lawsuits across the country.

  • In addition to his litigation work, Ben conducts internal investigations related to alleged workplace misconduct and counsels employers to help them comply with employment and independent contractor laws. He also drafts and advises on employment and restrictive covenant (e.g. noncompete and nonsolicit agreements).

    A versatile litigator and counselor, Ben has successfully represented clients in an assortment of different industries and venues. Ben has won cases in state and federal courts (including at trial) and arbitrations for clients in the food, pharmaceutical, professional services, finance and insurance, and technology industries.

    Ben has a strong commitment to pro bono work and his community. He provides pro bono counsel to small businesses and nonprofit organizations on various employment law issues and has participated on the Eastern District of Pennsylvania’s Prisoner Civil Rights Panel. Ben is a member of the Young Leadership Alliance at Children’s Hospital of Philadelphia (CHOP) and has served on the board of directors for the Kelly Anne Dolan Memorial Fund, which helps families caring for children with serious illnesses, disabilities, and injuries.

Practices

  • Employment and Labor

  • Trade Secrets and Restrictive Covenants

Admissions

  • Pennsylvania

  • New Jersey

  • US Court of Appeals for the Third Circuit

  • US Court of Appeals for the Sixth Circuit

  • US Court of Appeals for the Eleventh Circuit

  • US District Court for the Eastern District of Pennsylvania

Education

  • University of Pennsylvania Law School, 2013, J.D.

  • Pennsylvania State University, 2010, B.S., With Honors

Awards and Affiliations

  • Ones to Watch, Management - Labor and Employment Law, Philadelphia, PA, The Best Lawyers in America (2022–2024)

  • Lawyer on the Fast Track, The Legal Intelligencer (2023)

Experience

  • Morgan, Lewis & Bockius LLP

Representative Matters

  • A major insurance firm in winning (as first chair) an arbitration involving discrimination and breach-of-contract claims brought by former agent seeking $4.6 million in damages.

  • A leading pharmaceutical company in obtaining a complete victory on summary judgment in a case involving whistleblower and Family and Medical Leave Act–retaliation claims

  • A leading technology company in obtaining an order granting a motion for expedited discovery in a trade secret/restrictive covenant dispute that led to a favorable resolution

  • A major pharmaceutical company in winning summary judgment on every claim brought by a plaintiff asserting a litany of state and federal whistleblower and retaliation claims

  • A major insurance firm in winning at trial in a multimillion-dollar breach-of-contract and fiduciary-duty case brought by a former agent

  • A Fortune 500 company in winning an early motion to dismiss state law wage and hour claims

  • A large professional services firm in obtaining a complete victory after a one-week arbitration, including defeating a breach-of-contract claim and prevailing on a multimillion-dollar counterclaim

  • A Fortune 500 company in enforcing its right to arbitrate claims asserted by multiple plaintiffs in a collective action

  • A large bank in successfully compelling the plaintiff’s claims to arbitration (leading to a favorable resolution of the matter)

  • A major food manufacturer in obtaining a favorable resolution in a trade secret dispute against a former executive, including requiring the former executive to comply with a complex computer forensics protocol to ensure the return/destruction of the company’s confidential materials

  • A national department store chain in winning an early motion to dismiss all claims brought by a plaintiff in a wage and hour dispute

  • A Fortune 500 company in successfully defending against a petition by independent contractors in front of the National Labor Relations Board

  • Clients in various industries in obtaining dozens of favorable resolutions in single-plaintiff discrimination and harassment matters

  • Clients in various industries in obtaining several class and collective action settlements in FLSA and state law wage and hour matters

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