Benjamin Genn
Associate
Overview
Benjamin Genn is an experienced litigation and regulatory attorney in Holland & Knight's Washington, D.C., office and a member of the Litigation and Dispute Resolution Practice Group and Consumer Protection Defense and Compliance Team.
Clients ranging from emerging growth companies to Fortune 500 enterprises rely on Mr. Genn's extensive experience to assist them with and lead complex litigation, regulatory investigations and compliance matters. With a proven track record in high-stakes disputes and government enforcement actions, Mr. Genn is recognized for his strategic counsel and ability to deliver practical, business-oriented solutions in the challenging regulatory landscape of consumer protection, advertising and marketing law, and unfair, deceptive, or abusive acts or practices (UDAAP). His practice focuses on compliance with the Federal Trade Commission (FTC) Act, Restore Online Shoppers' Confidence Act (ROSCA) and analogous state autorenewal laws, Better Online Ticket Sales Act (BOTS Act), Maryland Consumer Protection Act (MD CPA), and District of Columbia Consumer Protection Procedures Act (DC CPPA), as well as state banking and lending laws.
Investigations and Regulatory Compliance
Mr. Genn regularly defends clients in federal and state investigations brought by the FTC, Consumer Financial Protection Bureau (CFPB), U.S. Department of Justice (DOJ), state attorneys general and other enforcement entities. Mr. Genn provides strategic guidance and advocacy throughout the life cycle of investigations – from initial response and negotiation to resolution – while conducting internal audits and compliance reviews for entities subject to federal and state oversight. He has successfully resolved matters involving allegations of unfair, deceptive, or abusive acts and practices and has extensive experience developing and implementing compliance programs and advising on risk mitigation strategies that preserve operational agility while ensuring regulatory compliance. Mr. Genn also develops and refines corporate compliance programs relating to automatic renewal laws, subscription models, lead generation and payment processing.
Litigation
Mr. Genn represents clients in complex commercial disputes in state and federal courts. His litigation portfolio spans breach of contract, fraud, real estate disputes, asset recovery and enforcement of judgments under the Foreign Sovereign Immunities Act (FSIA), and false advertising and UDAAP, including defense of MD CPA and DC CPPA claims.
Mr. Genn's clients appreciate his extensive knowledge of the courts and the bench that began during his clerkship for the Honorable Steven G. Salant of the Montgomery County Circuit Court in Maryland. Mr. Genn also served as a judicial intern for Chief Judge Anna Blackburne-Rigsby of the District of Columbia Court of Appeals.
Representative Experience
- Successfully negotiated a favorable settlement regarding advertising substantiation and marketing practices on social media platforms, allowing the client to maintain brand reputation while revising marketing protocols to ensure full regulatory compliance without admission of wrongdoing
- Secured a settlement agreement in a complex, multiyear FTC investigation involving allegations of deceptive sales representations, undisclosed fees and compliance deficiencies, which avoided litigation, minimized financial impact and established a manageable compliance framework that allowed the client to continue operations with enhanced consumer protection measures
- Obtained complete closure of a regulatory investigation concerning Made in USA claims without penalties or enforcement action, demonstrating the client's compliance with origin labeling requirements and preserving the ability to maintain valuable domestic production marketing claims
- Advised on compliance with the FTC Act, ROSCA, BOTS Act and state consumer protection statutes, including the development of enterprise-wide protocols for automatic renewal, subscription models, and payment processing
- Achieved successful closure of investigation for an internet marketing company in an FTC investigation concerning allegations of deceptive/unfair advertising and marketing practices
- Successfully defended a target of a consumer protection investigation conducted by the attorney general for the District of Columbia
- Achieved dismissal of a DC CPPA matter alleging misrepresentations related to home purchase, ensuring business continuity and preserving business model
- Achieved a favorable directed verdict at trial for a large university client as first chair in a breach of commercial lease dispute, preserving the client's financial position and contractual rights
- Successfully represented a large e-commerce company at numerous trials in breach of contract actions in state court
- Defended a leading design build contractor against worker misclassification, wage theft and other wage and hour violation claims brought by the attorney general for the District of Columbia
- Assisted companies and individuals in defending and bringing claims for fraud, breach of contract, misappropriation of trade secrets, and enforcement of nonsolicitation and noncompete agreements
- Represented numerous corporations, real estate developers and other business entities in breach of contract litigation
Credentials
- American University, Washington College of Law, J.D., cum laude
- College of Charleston, B.A.
- District of Columbia
- Maryland
- U.S. Supreme Court
- District of Columbia Court of Appeals
- Supreme Court of Maryland
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Maryland
- American Bar Association
- District of Columbia Bar
- The First Tee Young Professionals Council, Board Member
- Holland & Knight Emerging Leaders, Class of 2025
- Holland & Knight Pro Bono All-Star, 2020-2024
- Capital Pro Bono High Honor Roll, 2017, 2019-2021
