Ben Tymann focuses his practice on litigation, with an emphasis on corporate compliance, internal investigations, white collar crime, complex commercial litigation, as well as land use disputes. He has extensive experience working with clients who do business with the government, and has represented government contractors in multiple U.S. jurisdictions and across industries including construction and construction materials, manufacturing, and health care. He has defended clients against a wide range of federal and state agencies, including the Department of Justice, Securities and Exchange Commission, Federal Highway Administration, Environmental Protection Agency, the U.S. Attorney's Office in Massachusetts, and the Massachusetts Attorney General's Office, among others.

Ben's substantial land use litigation experience in Massachusetts includes representing numerous subsidized housing developers in permitting and litigation brought under the Massachusetts statute known as Chapter 40B, as well as land owners seeking zoning approvals under the state's Dover Amendment.

Prior to joining the firm, Ben practiced in the Boston office of a national multi-practice law firm, where he served as Chair of the Corporate Compliance and Investigations Practice and co-founded the Global Construction Materials Practice Group. He also worked at the Massachusetts Legislature and at the Massachusetts Department of Labor and Workforce Development where he managed the state's prevailing wage and occupational safety programs. Ben has a long record of community service and pro bono commitment, including serving as a longtime board member and current President of the Lawyers Clearinghouse, an organization providing legal services to the homeless, affordable housing groups and community development organizations in the Boston area. In addition, Ben served as an active duty and reserve officer in the United States Army.

Areas of Concentration

· Construction Materials

· Construction

· Manufacturing

· Corporate compliance

· Internal investigations

· White collar criminal defense

· Complex commercial litigation

· Massachusetts Prevailing Wage

· Subsidized housing/Chapter 40B

· Dover Amendment

· Land use and real estate litigation

Professional & Community Involvement

· Board of Directors and Vice President, Lawyers Clearinghouse

· Planning Committee, Robert F. Kennedy Children's Action Corps

· Member, American Concrete Institute

· Member, American Society of Concrete Contractors

· Member, Boston Bar Association and Massachusetts Bar Association

Awards & Recognition

· Listed, Super Lawyers magazine, Massachusetts Super Lawyers, "Rising Star," 2005-2008 and 2010-2012

Professional Experience

Significant Representations

White Collar, Investigations & Compliance

· Represented major materials supplier on the $15 billion "Big Dig" project in Boston, negotiating global settlement with federal and state agencies that avoided suspension or debarment for the company.°

· Led comprehensive compliance audits and internal investigations for several government contractors in the construction, construction materials and manufacturing industries, on issues ranging from False Claims Act risks to gift and gratuities practices to drivers' hours of service, among other compliance risk areas.°

· Defended major U.S. construction contractor against allegations brought by qui tam whistleblowers under the False Claims Act.°

· Trained personnel at major international airport on compliance with U.S. D.O.T. and FAA regulations on administering, monitoring, and preventing fraud in Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs.°

· Implemented DBE compliance programs at multiple government contracting companies.°

· Managed internal investigation at U.S. manufacturing headquarters of international construction company, resulting in identification of individuals responsible for theft of millions of dollars of materials.°

· Achieved two highly favorable settlements for manufacturing client charged by E.P.A. with violations of Clean Air Act and regulations governing diesel truck idling.°

· Wrote and implemented corporate compliance programs for variety of government contractors, and provided training on such programs for their employees.°

· Won favorable resolutions for two construction materials clients in debarment proceedings with the Federal Highway Administration.°

· Represented publicly-traded optical company in no-liability resolution of investigation by Securities and Exchange Commission.°

· Reached favorable, low-dollar civil settlement with the Massachusetts Attorney General's Office and Massachusetts Department of Transportation on investigation involving submission of bidder pre-qualification applications.°

· Represented Iraq and Afghanistan combat veteran in criminal assault and battery charges and achieved a continued-without-a-finding resolution.°

Commercial Litigation

· Represented major cement supplier in the dismissal of two multi-million dollar product liability claims that incorrectly asserted the client's responsibility for product contamination.°

· Reached no-liability resolution for construction materials client in dispute involving high-profile Amtrak project.°

· Won jury verdict for U.S. seafood storage company to enforce its right of first refusal on multi-million dollar facility in Boston.°

· Prevailed on summary judgment and on appeal for Massachusetts metals corporation in litigation with estate of deceased 50% shareholder over control of the business.°

· Achieved highly favorable result for three independent directors of related U.S. and Canadian corporations that involved no financial contribution by the clients to a multi-party settlement in bankruptcy litigation alleging directors' breaches of fiduciary duties.°

· Won jury verdict, including damages under Massachusetts' consumer protection statute Chapter 93A, for owner of Boston luxury condominium in construction defect litigation against developer.°

· Achieved court dismissal on contested motions in significant construction defect litigation for concrete contractor.°

· Won multiple verdicts in Massachusetts courts on behalf of commercial landlords in eviction disputes.°

Land Use Disputes

· Appeared on multiple occasions before Massachusetts Supreme Judicial Court on behalf of subsidized housing developers in support of broadly construing state's affordable housing law, Chapter 40B.°

· Prevailed in Massachusetts Land Court and in appellate litigation for national developer of continuing care retirement communities in multi-faceted disputes over its Chapter 40B comprehensive permit to construct a 2,250-unit community in Hingham, Massachusetts.°

· Won, on behalf of another national homebuilder, Chapter 40B comprehensive permit to build 250 condominiums in Scituate, Massachusetts following 8-day trial at state Housing Appeals Committee.°

· Defeated collection of abutter and municipal board lawsuits in Superior Court and appellate courts on behalf of Boston-based affordable housing developer, enabling client to construct 98-unit active adult community in Marshfield, Massachusetts.°

· Won multiple litigations in Massachusetts trial and appellate courts for MetroWest subsidized housing developer who, following these litigation victories, was able to utilize Chapter 40B comprehensive permits for 407-unit and 183-unit developments in Natick, Massachusetts.°

· Represented Massachusetts Housing Finance Agency (MassHousing) as well as multiple affordable housing organizations, in their roles as litigants or amici curiae, in trial and appellate litigation concerning the scope and regulatory administration of Chapter 40B.°

· Secured zoning permit for a Massachusetts college for athletic field lights pursuant to the state's Dover Amendment following a contentious local hearing, then prevailed on summary judgment in Superior Court on abutters' appeal of the permit, then once more on appeal.°

°The above representations were handled by Mr. Tymann prior to his joining Greenberg Traurig, LLP.

Military Experience

· Active Duty Officer, United States Army

· Army National Guard and Reserves

Publications & Presentations

Articles, Lectures & Publications

Ben has authored and co-authored many published articles and legal works, particularly in the areas of corporate and regulatory compliance for government contractors and affordable housing litigation.