Attorneys
Biography
Ben is a native Houstonian and double board certified trial attorney who has had an active commercial litigation practice. He has experience trying cases relating to real estate, finance, partnership disputes, labor and employment, construction, and even constitutional law issues challenging government overreach.
His passion is seeking out trial opportunities and advocating for his clients in front of a judge and jury. His methodology is to seek out economically viable cases, take them on with clients’ business goals in mind, and see them through to settlement or final resolution through an appeal, whatever is in the client’s best interest.
Recently, he has had the most success making this happen in two areas of practice on the plaintiff’s side – commercial collections work and employment compensation disputes. The common thread is that he fights to get his clients paid for work they performed. His empathy for hardworking individuals and companies who have been unfairly denied payment also helps him think strategically in defending commercial entities against claims that seek to exploit, rather than fairly utilize, the court system.
Ben is committed to an enterprising, intelligent, and aggressive, yet scrupulously honest, approach.
He founded Wallace & Allen LLP with Casey Wallace, with whom Ben first began working at Haynes & Boone LLP. They pledge to handle complex and challenging matters for clients in a way that reduces, instead of compounding, the stress associated with litigation.
Representative Matters
Secured favorable jury verdict on claims for unpaid accounts on behalf of an aggregates and trucking company relating to the Texas City dike reconstruction following Hurricane Harvey. Civ. Action No. 3:21-cv-00298, Tierra De Los Lagos, LLC d/b/a Bee Sand Company v. Pontchartrain Partners, LLC (S.D. Tex. Jan. 2024).
Successfully tried and defended on appeal a constitutional challenge to a regulatory fee affecting bar and restaurants improperly classified as Sexually Oriented Businesses, creating precedent protecting the industry state-wide. TEA v. Glenn Hegar, 10 F.4th 495 (5th Cir. 2021), cert. denied 142 S. Ct. 2582.
Secured court-approved settlement for a class of over one hundred and fifty truck drivers owed unpaid wages from a defunct corporate relocation service. Cause No. 4:17-cv-1601, Garcia v. Peterson, in the Southern District of Texas, Houston Division.
Defended high end residential condominium against claims breach of warranty and DTPA claims relating to water intrusion, including successfully appealing an order failing to force the residential sale contract’s arbitration provision. See Villa De Leon Condominiums, LLC v. Stewart, No. 2-14-00271-CV, 2015 WL 729462 (Tex. App.—Fort Worth Feb. 19, 2014, no pet.).
Successfully defended an information technology company against former shareholder’s claims seeking $1.4 million in restitution for services allegedly performed. The jury returned a defense verdict and the court entered a take-nothing judgment. Cause No. 2008-48663, Alzo Preyear v. Kumar Kansasamy and Advanced Platinum Solutions, in the District Court of Harris County, Texas, 281st Judicial District.
Defended sexually oriented business from statutory nuisance claims in bet-the-company litigation. After full discovery and vigorously contested pre-trial motion hearings, the case settled favorably shortly before trial.
Obtained writ of eviction and award of attorneys’ fees in favor of commercial real estate client following a bench trial on alleged oral modifications to written lease. Successfully defended the trial court judgment on appeal. Taj Mohamed v. D. 1050, 464 S.W.3d 737 (Tex. App.—Houston [1st Dist.] 2015, no pet.).
Successfully arbitrated claims on behalf of call center service company against electricity provider for failure to perform pursuant to service agreement. Confirmed in Cause No. 2014-56571, AP Gas and Electric, LLC v. AP Holdings, LLC, in the 234th District Court of Harris County, Texas.
Obtained permanent injunction, including full award of attorneys’ fees, to enforce restrictive covenant in commercial real estate dispute. Successfully defended appeal. Albataineh v. Eshtehardi, No. 01-12-00671-CV, 2013 WL 1858864 (Tex. App.—Houston [1st Dist.] May 2, 2013, no pet.)
Education
J.D., with honors, The University of Texas School of Law, 2009
- Order of the Barristers, 2009
- ABA National Appellate Advocacy Regional Champion, 2008
Honors & Awards
Selected as Texas Super Lawyers Rising Star in 2021-2023
Community Involvement
Texas Bar Foundation, Fellow
Bar Admissions
State Bar of Texas
United States District Courts for the Southern, Eastern, Western, and Northern Districts of Texas
United States District Court for New Mexico
United States Court of Appeals for the Fifth Circuit
Supreme Court of the United States
