Benjamin P. Pugh, Esq.

Partner
bpugh@enterprisecounsel.com

AREAS OF EXPERTISE

• Complex Business Litigation
• Corporate and Securities Litigation
• Intellectual Property Litigation
• Real Property Litigation
• Probate and Trust Litigation
• Writs and Appeals

EXPERIENCE

Mr. Pugh has been with ECG since 1999, the first five years as an Associate and since 2004 as a Partner. Mr. Pugh has extensive experience in all aspects of civil litigation in numerous forums, state and federal. Prior to joining ECG, Mr. Pugh was a law clerk for the Honorable Eric L. Levinson, North Carolina District Court Judge for Mecklenberg County.

Mr. Pugh’s representative victories include:

• As lead trial counsel representing a publicly traded healthcare corporation, successfully prosecuted action for breach of a settlement agreement between the client and its former labor attorney.
• As lead trial counsel, successfully prosecuted a petition to recover attorneys’ fees incurred for the benefit of a conservatee’s trust.
• As lead trial counsel in a breach of contract action, successfully eliminated charges to which clients objected.
• As lead trial counsel, successfully prosecuted breach of professional fee agreement.
• As lead trial counsel representing entertainment company, successfully prosecuted breach of contract claim with consequential damages award.
• Second chair. Prevailed in writ of mandate and declaratory relief action to enforce view protection provision of a homeowners association’s CC&Rs.
• Second chair. Successfully defensed claim of alleged partnership interest in multi-million dollar real properties.
• Second chair. Prevailed in case of competing interpretations of a trust amendment.
• Second chair. Successfully prosecuted writ of mandate and declaratory relief claims validating 704,000 shares of preferred stock worth over $2 million.
• Second chair, jury trial. Successfully prosecuted unfair competition and trade libel claims; successfully defensed multi-million dollar misappropriation of trade secrets cross-complaint.

EDUCATION

• Notre Dame Law School (J.D. 1998), Dean's List (Fall 1997, Spring 1998);
• President, The Saint Athanasius Debating Society, 1996-97;
• University of California, Los Angeles (B.A. Philosophy 1995)

MEMBERSHIPS

Mr. Pugh has been a member of the California State Bar since 1999 and is admitted to practice before the Ninth Circuit Court of Appeals and the United States District Courts for the Central and Southern Districts of California. Mr. Pugh is a member of the Orange County Bar Association. Mr. Pugh is currently a member of the Board of Directors of the Orange County Chapter of the Federalist Society and a Board member and Chairman of the Endorsements Committee of Atlas Political Action Committee.

PUBLISHED DECISIONS

Saline v. Superior Court, 100 Cal. App. 4th 909 (2002) (prevailed in enforcing a director's inspection rights under Corporations Code section 1602).

Ekstrom v. Marquesa at Monarch Beach Homeowners Association, 168 Cal. App. 4th 1111 (2008) (prevailed in enforcing CC&R section protecting clients’ ocean views)

Choi v. Orange County Great Park Corp., 175 Cal.App.4th 524 (2009) (awarding attorneys’ fees to City Council members who successfully sued to force public benefit nonprofit corporation’s disclosure of records pertaining to, among other things, consideration of CEO candidates and expenditure of public funds)

REPRESENTATIVE ENGAGEMENTS

Representation of numerous different corporations, corporate directors and shareholders in a multitude of disputes related to corporate governance and access to corporate information.

Representation of publicly traded healthcare corporation in numerous corporate governance and business disputes.

Representation of shareholders of publicly registered/traded corporation in actions seeking to invalidate preferred stock.

Representation of shareholders and directors in multi-million dollar securities fraud disputes.

Representation of several real estate developers in numerous disputes with business partners and competitors.

Representation of homeowners in action to enforce homeowners association’s CC&Rs.

Representation of trustees and beneficiaries in numerous trust disputes.

Representation of shipyard owner in complex land use and long-term leasing dispute.

Representation of hotel owners/operators in purchase and sale, and related real property disputes.

Representation of defense contractor in unfair competition, intellectual property and fraud litigation.

Representation of inventors and business owners in patent infringement, copyright, trademark and misappropriation of trade secret actions.

Representation of commercial lenders, corporate and private property owners in title disputes.

Representation of trustees and beneficiaries of family and estate planning trusts (including QPRTs) in probate proceedings involving trust governance, breach of fiduciary duty claims and accounting disputes.

Representation of shareholder in bankruptcy adversary proceeding regarding nine-figure leveraged buy-out dispute.

Representation of long distance telecommunication provider in various regulatory and business tort actions throughout the United States.