Ben Perry’s practice spans the spectrum of legal services. On the litigation side, Ben represents clients at the trial and appellate level against a wide variety of claims in state and federal courts. His practice primarily concentrates on complex civil litigation, products liability defense, and representing financial institutions and mortgage companies in civil litigation. As part of the Banking and Financial Services Practice Group, he defends mortgage servicers, investors, and related entities against numerous state and federal law claims arising out of lending and loan servicing practices, including alleged violations of the Telephone Consumer Protection Act (TCPA) and various claims relating to the sale of bank-owned real estate. Ben also has substantial experience defending banks and investors in hundreds of cases related to homeowner’s association (HOA) superpriority liens, and he has represented a company’s founder and CEO facing claims brought by the SEC for alleged embezzlement of company funds.
His litigation experience enables him to advise clients on a variety of regulatory and compliance issues. Among other areas, Ben is an active member of the firm’s Cybersecurity and Privacy Practice Group. In this capacity, Ben advises clients on compliance with a myriad of privacy-related laws and regulations, such as the CCPA (and the anticipated amendments forthcoming from the CPRA), GLBA, HIPAA, COPPA, CAN-SPAM, FCRA, state data breach notification laws, and federal and global regulations governing the protection and sharing of consumer data. Ben assists his clients in crafting policies and procedures to comply with these laws, as well as responding to data security incidents if and when they arise. When necessary, Ben zealously defends and advocates for his clients in litigation or in response to scrutiny from state and federal regulators on these issues.
His experience also extends beyond the realm of financial services. Ben has counseled healthcare clients throughout various forms of acquisitions, advised a client on various intellectual property issues related to the use of a famous musician's name and likeness – including negotiations with the city regarding oversight and management of a museum dedicated to the musician – and provided counsel to local Nashville musicians on a variety of legal issues ranging from intellectual property to corporate governance and contract negotiation.
Ben recognizes that comprehensive compliance and strategic initiatives on the front end remain the most cost-effective business approach. Nonetheless, he is prepared to tap into his litigation arsenal when necessary to defend his clients’ interests, while continuing to think outside the box for solutions to resolve litigation in its early stages where possible.