Overview

Benjamin Genn is an experienced litigation and regulatory attorney in Holland & Knight's Washington, D.C., office. Mr. Genn is a member of the firm's Litigation and Dispute Resolution Practice Group, and Consumer Protection Defense and Compliance Team.

Mr. Genn focuses his practice on a wide array of consumer protection and compliance matters, including governmental investigative and enforcement proceedings, regulatory compliance, and advertising and marketing compliance. He helps companies navigate complex regulations and enforcement regimes related to consumer engagement and interaction, including marketing, advertising and the use of consumer information. Mr. Genn also advises companies on specific measures to enhance and refine their corporate compliance programs, especially when looking to bring innovative products and technology into the market.

Mr. Genn represents companies faced with Civil Investigative Demands (CIDs) and inquiries brought by the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), and U.S. Department of Justice (DOJ) as well as state attorney generals related to federal and state consumer protection laws. He advises clients on all aspects of investigations, from responses to nonpublic CIDs through closure or settlement negotiations, and conducts compliance audits and reviews for entities within the jurisdiction of the FTC, CFPB and other state regulatory bodies.

In addition, Mr. Genn focuses on complex commercial disputes and government investigations in all stages of state and federal court litigation. He is well versed in handling business litigation, class action litigation, regulatory issues, government enforcement, internal investigations and white collar crime matters for individuals, organizations and small to large corporations in a wide array of matters involving breach of contract, allegations of fraud, real estate disputes, false advertising, and unfair, deceptive, and abusive trade practices.

Mr. Genn previously clerked for the Honorable Steven G. Salant of the Montgomery County Circuit Court in Maryland. During his clerkship, Mr. Genn drafted bench memoranda, researched and drafted judicial opinions, and prepared the court for criminal and civil bench and jury trials regarding a variety of disputes, including breach of contract, insurance litigation, employment litigation and business torts. Mr. Genn also served as a judicial intern for Chief Judge Anna Blackburne-Rigsby of the District of Columbia Court of Appeals.

Prior to joining Holland & Knight, Mr. Genn worked in the office of a prominent international law firm, where his practice focused on white collar defense, securities litigation, government investigations and complex commercial litigation.

During law school, Mr. Genn served as a notes and comment editor for the American University Journal of Gender, Social Policy & the Law.

Representative Experience

  • Defended multiple companies in Federal Trade Commission (FTC) investigations involving allegations of deceptive, unfair and abusive business practices, including those with concerns over substantiation of advertising claims and marketing practices on social media
  • Resolved a multiyear FTC investigation involving allegations of deceptive sales representations, fees and deficient compliance protocols
  • Achieved a directed verdict at trial in a large university client's favor as first-chair at breach-of-contract action involving a commercial lease dispute
  • 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 non-solicitation and non-compete agreements
  • Represented corporations, real estate developers and other business entities in breach of contract litigation
  • Defended a target of a consumer protection investigation conducted by the attorney general for the District of Columbia

Credentials

Education
  • American University, Washington College of Law, J.D., cum laude
  • College of Charleston, B.A.
Bar Admissions/Licenses
  • District of Columbia
  • Maryland
Court Admissions
  • 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
Memberships
  • American Bar Association
  • District of Columbia Bar
  • The First Tee Young Professionals Council, Board Member
Honors & Awards
  • Holland & Knight Pro Bono All-Star, 2020-2022
  • Capital Pro Bono High Honor Roll, 2017, 2019-2021

Publications

Speaking Engagements

News