Benjamin D. Brenner

Benjamin Brenner practices in the areas of health law, business and commercial litigation, employment law, and appellate advocacy. He is listed in Chambers USA as a “Leader” in the field of General Commercial Litigation and in Mid-South Super Lawyers as a “Rising Star” in the areas of Health Care, Business Litigation and Personal Injury Defense: Products.

Mr. Brenner brings diverse practice experience to his representation of clients. His litigation and trial practice focuses on the defense and prosecution of complex civil, qui tam, and business and commercial litigation matters, including strict products liability and wrongful death tort litigation, partnership dissolutions, declaratory judgment actions, breach of contract suits, and cases involving breaches of fiduciary duties.

In the area of health care law, Mr. Brenner represents several providers. He is well versed in regulatory issues, compliance with the Stark and Anti-Kickback laws, physician employment contracts and related employment and credentialing matters, and he specializes in health care public policy issues such as economic credentialing. He was part of the trial team in Murphy et al v. Baptist Health, Pulaski County Circuit Court Case No. 2004-CV-2002 (Feb. 27, 2009), a case concerning Baptist Health’s attempt to engage in economic credentialing. In a decision that garnering national attention, the trial court permanently enjoined Baptist Health from enforcing its Economic Credentialing Policy, finding the Policy contrary to public policy protecting the patient-physician relationship, and void and unenforceable.

Mr. Brenner also specializes in employment and constitutional law, and serves as local and outside general counsel for several clients. He regularly advises and represents national corporations in connection with employment issues, including ERISA investigations by the U.S. Department of Labor, products liability defense, landlord/tenant disputes, and litigation involving trade secrets, tortuous interference with business expectancy and contract, and the Arkansas Deceptive Trade Practices Act. Significant decisions include Sobba v. Elmen, 462 F.Supp.2d 944 (E.D. Ark. 2006), an important decision affirming the rights of minority shareholders and owners of closely held companies; Thornton Drilling Co. v. Stephens Prod. Co., 2007 U.S. Dist. LEXIS 52159 (W.D. Ark. 2007), aff’d 537 F.3d 943 (8th Cir. 2008), clarifying the law of insured contracts; and Badger Capitol et al v. Chambers Bank et al, 2009 U.S. Dist. LEXIS 18952 (W.D. Ark. 2009), recognizing the availability of equitable subordination as a remedy for securities fraud and outside the bankruptcy context. He also speaks and presents at seminars on topics such as the Fair Housing Act, the recent changes to the Family Medical Leave Act, and e-discovery.

Mr. Brenner joined Williams & Anderson Of-Counsel in 2006 and became a partner in 2008. He received his law degree from the University of California at Davis School of Law in 2000, where he was recognized as a public interest scholar. From 2000 to 2003, Mr. Brenner practiced with the Sacramento firm of Blackmon & Snellings, LLP, specializing in constitutional law and criminal defense. From 2003 until 2006, he was an associate attorney at the Little Rock office of Armstrong Allen, PLLC. He is a member of the Arkansas, California, and Pulaski County Bar Associations, of the Downtown Little Rock Rotary Club No. 99, and of the cast of the Gridiron. Mr. Brenner is a member of the Arkansas Bar Association committees for Energy Litigation, Commercial & Business Litigation and Health Law. He is also an active practitioner of delta blues, country blues, and Americana music, and can often be found performing at the Little Rock Farmer’s Market on Saturday mornings during the spring and summer months. He competed at the International Blues Challenge in Memphis, Tennessee, in February 2009.

Mr. Brenner was born in Glendale, California, and is married with two children.

PRACTICE AREAS: Health Law, Business and Commercial Litigation, Employment Law, Appellate Advocacy

Benjamin D. Brenner

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California State University, Northridge

UC Davis School of Law