Benton L. Toups is a partner in the Wilmington office of Cranfill Sumner. Benton is a seasoned attorney whose practice focuses on Employment Law, Business Litigation and ERISA Litigation. Benton is also a certified mediator and is often called upon by his colleagues from other firms to assist them in that capacity.
Employment Law:
Benton is recognized by his peers as an industry expert in employment law. Benton represents employers and executives before the Equal Employment Opportunity Commission, the Department of Labor, the North Carolina Industrial Commission, and several state and federal courts. He has extensive experience assisting with claims of harassment and discrimination under Title VII, the Americans with Disabilities Act (ADA), and the North Carolina Retaliatory Employment Discrimination Act (REDA), as well as claims for unpaid wages and overtime pursuant to the Fair Labor Standards Act (FLSA) and the North Carolina Wage and Hour Act.
Benton is well versed in negotiating and drafting employment contracts, including non-competition, non-solicitation and confidentiality agreements, and he has successfully represented clients in multiple preliminary injunction hearings in which the enforceability of such agreements was at issue.
A firm believer in the adage that “an ounce of prevention is worth a pound of cure,” Benton counsels business clients on personnel issues and assists them in developing and implementing effective policies in order to avoid employment litigation. Benton is a frequent speaker on claims avoidance and litigation strategy.
Business Litigation:
Benton represents clients in business disputes, including those involving breach of contract, breach of fiduciary duty, money owed, and misappropriation of trade secrets and other intellectual property. As with his employment practice, Benton not only litigates disputes; he works with his clients proactively to avoid them. Benton is more than an attorney to his clients. He is a trusted business partner.
ERISA Subrogation and Litigation:
Benton devotes a substantial portion of his practice to representing health care plans in subrogation and reimbursement claims brought under ERISA. This field of law is complex and ever-changing, and Benton is on its leading edge. Some of the nation’s largest plans and administrators put their trust in Benton to protect their interests.
Accomplishments
•2024 North Carolina Lawyers Weekly Leaders in the Law Honoree
•Martindale-Hubbell, AV Rated
•Business North Carolina Legal Elite - Litigation Law (2021); Employment Law (2010, 2014, 2015, 2017-2026)
•Selected for inclusion in The Best Lawyers in America in the fields of Employment Benefits (ERISA) Law (2023-2026); Employment Law - Individuals (2023-2026); Employment Law - Management (2023-2026)
•Selected for inclusion in North Carolina Super Lawyers in the field of Employment and Labor Law (2019 - 2026)
•Selected for inclusion in North Carolina Rising Stars (2009 - 2013, 2015)
•Selected by North Carolina Lawyers Weekly as one of 30 statewide finalists for its Emerging Legal Leaders Award (2010)
Most Recent Posts
News
Cranfill Sumner Hosts Employment Law Webinar
On Feb. 19, attorneys at Cranfill Sumner LLP hosted a panel discussion during the firm’s latest webinar....
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17 Cranfill Sumner LLP Attorneys Named to 2026 North Carolina Super Lawyers and Rising Stars Lists
Cranfill Sumner LLP announced that 17 of its attorneys have been selected for inclusion in the 2026 North Carolina Super Lawyers and 2026 North Carolina Rising Stars lists....
News
Cranfill Sumner LLP Attorneys Listed Among 2026 Legal Elite
Eleven Cranfill Sumner LLP attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program....
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Cranfill Sumner LLP Announces Executive Committee
Cranfill Sumner LLP today announced the formation of its Executive Committee, a milestone in the firm’s ongoing strategic evolution and long-term governance vision. This development follows the firm’s recent appointment of its first Chief Executive Officer....
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33 CSH Law Attorneys Selected for Inclusion in the Best Lawyers in America 2026
Thirty-three attorneys from Cranfill Sumner LLP (CSH Law) were recently selected by their peers for inclusion in The Best Lawyers in America 2026....
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Benton Toups Appointed to State Human Resources Commission
Benton Toups has been appointed to serve on the North Carolina State Human Resources Commission. This is his first term on the Commission, which extends through June 30, 2029....
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21 Cranfill Sumner LLP Attorneys Named to 2025 North Carolina Super Lawyers and Rising Stars Lists
Cranfill Sumner LLP announced that 21 of its attorneys have been selected for inclusion in the 2025 North Carolina Super Lawyers and 2025 North Carolina Rising Stars lists....
News
Cranfill Sumner LLP Attorneys Listed Among 2025 Legal Elite
Eleven Cranfill Sumner LLP attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program....
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32 CSH Law Attorneys Selected for Inclusion in the Best Lawyers in America 2025
Thirty-two attorneys from Cranfill Sumner LLP (CSH Law) were recently selected by their peers for inclusion in The Best Lawyers in America 2025....
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Jennifer Morris Jones and Benton Toups Receive 2024 Leaders in the Law Award
Jennifer Morris Jones and Benton Toups were recently honored as members of the North Carolina Lawyers Weekly Leaders in the Law Class of 2024. North Carolina Lawyers Weekly presents this peer-nominated award annually to honor legal professionals licensed and practicing law in the state of North Carolina who have gone above and beyond in their profession and their community. These honorees represent the most influential individuals within the state’s legal community....
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13 Cranfill Sumner LLP Attorneys Named to 2024 North Carolina Super Lawyers and Rising Stars Lists
Cranfill Sumner LLP announced that 13 of its attorneys have been selected for inclusion in the 2024 North Carolina Super Lawyers and 2024 North Carolina Rising Stars lists....
News
Cranfill Sumner LLP Attorneys Listed Among 2024 Legal Elite
Twelve Cranfill Sumner LLP attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program. ...
News
Dominic Totman Joins Cranfill Sumner LLP
Cranfill Sumner LLP today announced that Dominic Totman has joined the firm’s Raleigh office as Of Counsel....
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32 CSH Law Attorneys Selected for Inclusion in the Best Lawyers in America 2024
Thirty-two attorneys from Cranfill Sumner LLP (CSH Law) were recently selected by their peers for inclusion in The Best Lawyers in America 2024....
News
Benton Toups Presents to Lower Cape Fear Human Resources Association
Benton Toups served as a panelist for the 2023 Attorney Panel at the Lower Cape Fear Human Resources Association on Feb. 21. The event was held at the Hampton Inn Wilmington-Medical Park....
News
Cranfill Sumner Webinar Series Features Employment Law Panel
On Feb. 16, Cranfill Sumner LLP hosted an Employment Law Panel as part of its webinar series. The panel featured Benton Toups, Ryan Bolick, Vince Eisinger, and Georgia Malik....
News
Cranfill Sumner LLP Relocates Wilmington Office
Beginning, Jan. 30, 2023, the Wilmington office of Cranfill Sumner LLP has relocated to 5535 Currituck Drive, Suite 210, Wilmington....
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13 Cranfill Sumner LLP Attorneys Named to 2023 North Carolina Super Lawyers and Rising Stars Lists
Cranfill Sumner LLP announced that 13 of its attorneys have been selected for inclusion in the 2023 North Carolina Super Lawyers and 2023 North Carolina Rising Stars lists....
News
Cranfill Sumner LLP Attorneys Listed Among 2023 Legal Elite
Twelve Cranfill Sumner LLP attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program. ...
News
25 CSH Law Attorneys Selected for Inclusion in the Best Lawyers in America 2023
Twenty-five attorneys from Cranfill Sumner LLP (CSH Law) were recently selected by their peers for inclusion in The Best Lawyers in America 2023....
News
Benton Toups Participates in LCFHRA Panel
Benton Toups, a Partner at Cranfill Sumner LLP, participated in the Jan. 18, 2022 Virtual Attorney Panel hosted by the Lower Cape Fear Human Resources Association....
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11 Cranfill Sumner LLP Attorneys Named to 2022 North Carolina Super Lawyers and Rising Stars Lists
Cranfill Sumner LLP announced that 11 of its attorneys have been selected for inclusion in the 2022 North Carolina Super Lawyers and 2022 North Carolina Rising Stars lists....
News
Cranfill Sumner LLP Attorneys Listed Among 2022 Legal Elite
Eight Cranfill Sumner LLP attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program. ...
News
Benton Toups Featured in NC Lawyers Weekly Power List
Benton Toups has been featured in the NC Lawyers Weekly 2021 Power List for Employment Law. This is the inaugural edition of the list....
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Benton Toups Featured in Business NC Magazine
Benton Toups is featured in the 2021 Law Journal from Business North Carolina Magazine. The Law Journal provides updates on timely legal issues from legal professionals across the state....
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Cranfill Sumner LLP Attorneys Assist in Publication of “Guide to NC Hospitality Law”
The North Carolina Restaurant and Lodging Association has released the “Guide to NC Hospitality Law.”...
News
Benton Toups Speaks at Fayetteville SHRM Meeting
Benton Toups spoke at the Sept. 22 Chapter Meeting of the Fayetteville Society for Human Resource Management (SHRM)....
News
Benton Toups to Present at Employment Law Panel
On Jan. 19, Benton Toups, Chair of the Cranfill Sumner Employment Law Practice Group, served as a presenter for an attorney panel discussion for the 2020 Employment Law Year in Review. The panel addressed questions from the audience about the unprecedented year we just completed as well as about what we can expect as we transition into a new year, a new administration and in many ways a whole new world....
News
14 Cranfill Sumner Attorneys Named to 2021 North Carolina Super Lawyers and Rising Stars Lists
Today Cranfill Sumner proudly announced that 14 of its attorneys have been selected for inclusion in the 2021 North Carolina Super Lawyers and 2021 North Carolina Rising Stars lists....
News
Cranfill Sumner Attorneys Listed Among 2021 Legal Elite
Five Cranfill Sumner attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program. ...
News
Cranfill Sumner Attorneys Volunteer for Legal Aid Eviction Project
In May 2020, Legal Aid of North Carolina launched an effort to help North Carolinians who were struggling to pay rent and were facing eviction. Legal Aid paired available emergency financial support with a search for volunteer attorneys from across the state who could help negotiate past and future payments with landlords....
News
Benton Toups Speaks About Employment Law on LCFHRA Webinar
Benton Toups, a Partner at Cranfill Sumner LLP (Cranfill Sumner), presented at the “Employment Law 101” Virtual Meeting of the Lower Cape Fear Human Resources Association. The webinar was held Aug. 26....
News
Benton Toups Leads NCRLA Webinar
Benton Toups led the “A Whole New World - Predicting Employment Claims in the Wake of COVID-19” webinar on Aug. 19. It was produced by the North Carolina Restaurant and Lodging Association and Cranfill Sumner LLP....
News
Benton Toups Presents PLAN Webinar
Benton Toups, a Partner at Cranfill Sumner LLP (Cranfill Sumner), was a featured presenter at the “A Whole New World - Predicting Employment Claims in the Wake of COVID-19” webinar presented by PLAN....
News
Benton Toups Featured in NCRLA Magazine
“Furlough vs. layoff: Deciding between the two,” an article by Benton Toups, was featured in At Your Service, a publication of the North Carolina Restaurant and Lodging Association (NCRLA). The article appears in the Spring 2020 edition of the publication....
News
Benton Toups Featured in Business North Carolina Magazine
“Furlough vs. layoff: Deciding between the two,” an article by Benton Toups, was featured in Business North Carolina magazine. The article appears in the May 2020 edition of the publication....
News
Benton Toups Named Chair of the Cranfill Sumner Employment Law Practice Group
Benton Toups, an attorney with Cranfill Sumner LLP (Cranfill Sumner), has been named the Chair of the Cranfill Sumner Employment Law Practice Group....
News
11 Cranfill Sumner Attorneys Named to 2020 North Carolina Super Lawyers and Rising Stars Lists
Today Cranfill Sumner LLP (Cranfill Sumner) proudly announced that 11 of its attorneys have been selected for inclusion in the 2020 North Carolina Super Lawyers and 2020 North Carolina Rising Stars lists....
News
Cranfill Sumner Attorneys Listed Among 2020 Legal Elite
Seven Cranfill Sumner LLP (Cranfill Sumner) attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program....
News
Benton Toups Presents to Lower Cape Fear HR Association
Benton Toups served as the featured presenter of the September meeting of the Lower Cape Fear HR Association. The meeting was held Sept. 17 at the Hampton Inn-Medical Park in Wilmington....
News
Benton Toups Participates in Safety and Health School Panel
Benton Toups participated in a panel discussion at the 2019 Wilmington Regional Safety and Health School on July 24. The panel discussed “Post Injury Return to Work Issues: Managing Compliance in the Intersection between ADA, FMLA, WC, EEOC and Privacy Laws.”...
News
21 Cranfill Sumner Attorneys Named to 2019 North Carolina Super Lawyers and Rising Stars Lists
Today Cranfill Sumner LLP (Cranfill Sumner) proudly announced that 21 of its attorneys have been selected for inclusion in the 2019 North Carolina Super Lawyers and 2019 North Carolina Rising Stars lists....
News
Cranfill Sumner Attorneys Listed Among 2019 Legal Elite
Six Cranfill Sumner LLP (Cranfill Sumner) attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program....
News
CSH Attorneys Receive AV Rating From Martindale-Hubbell
Cranfill Sumner LLP (Cranfill Sumner) today announced that Dan Hartzog, Jr. and Benton Toups have received an AV Rating from Martindale-Hubbell....
News
LCFHRA Publishes Article by Benton Toups and Katie Terry
An article by Benton Toups and Katie Terry was recently published in the January newsletter of the Lower Cape Fear Human Resource Association (LCFHRA)....
News
Cranfill Sumner Attorneys Listed Among 2018 Legal Elite
Seven Cranfill Sumner LLP (Cranfill Sumner) attorneys were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program....
News
Benton Toups Featured in Greater Wilmington Business Journal
Benton Toups, Vice Chair of the Employment Law Practice Group at Cranfill Sumner LLP, was recently quoted in the Greater Wilmington Business Journal. In “Harassment In The Spotlight,” Benton discusses legal issues surrounding sexual harassment in the workplace....
News
Benton Toups to Lead Employment Law Seminar for Hospitality Industry
Benton Toups, an attorney in the Wilmington office of Cranfill Sumner LLP (Cranfill Sumner), will lead “Ten Ways to Get in Trouble with Your Employees and How to Avoid Them” on Nov. 2 from 10 a.m. to noon. The seminar will discuss how to avoid employment lawsuits in the hospitality industry as well as provide an update on state and national legislative issues. ...
News
Cranfill Sumner to Host CE By the Sea
On May 20, the Wilmington office of Cranfill Sumner LLP (Cranfill Sumner) will host CE By the Sea. The half-day seminar will be held 9 a.m.-1 p.m. at the Cranfill Sumner office in Wilmington. Complimentary CE Credit is available for Workers’ Comp Adjusters (3 hours) and Human Resources Professionals (3 hours - pending)....
News
Cranfill Sumner Attorneys to Address Workers’ Compensation Conference
Benton Toups and Jennifer Morris Jones will address the North Carolina Association of Self-Insurers conference in Wrightsville Beach. The conference entitled “Cutting Costs in Workers’ Comp: New Thoughts on an Old Nemesis” is scheduled for March 30-April 1 at the Holiday Inn Resort....
News
Part 2: Look-Back, Employers, for Those Variable Hour Employees
Part 2 of “An Employer’s Basic Primer to the Affordable Care Act” was published on the Greater Wilmington Business Journal’s Insights page today....
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An Employer’s Basic Primer to the Affordable Care Act
The June 1 online edition of the Wilmington Business Journal featured “An Employer’s Basic Primer to the Affordable Care Act,” written by Kara Gansmann....
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N-L-R-Be Careful With Employee Handbooks
Benton Toups, the Vice-Chair of the Employment Law practice group at Cranfill Sumner LLP, was featured in the May 15 online edition of the Greater Wilmington Business Journal....
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10 Reasons Employers Get Into Legal Trouble With Employees
On May 1, an Insights article by Benton Toups was featured in the online edition of the Greater Wilmington Business Journal. ...
News
Workers’ Compensation Law - The Very Basics
An Insights article by Benton Toups was featured in the April 15 online edition of the Greater Wilmington Business Journal. ...
News
Severance Agreements And The Quest For The Amicable Breakup
Benton Toups, Vice-Chair of the Employment Law practice group at Cranfill Sumner & Hartzog LLP, recently authored “Severance Agreements And...
News
Benton Toups Authors Employment-At-Will: What Does It Mean For Your Business?
Benton Toups authored “Employment-At-Will: What Does It Mean For Your Business?” for the online version of the Greater Wilmington Business Journal....
News
Benton Toups Authors - Employee Or Independent Contractor - A Critical Distinction
Benton Toups’s Employment Law article is featured in the Greater Wilmington Business Journal. Benton is the Vice-Chair of the Employment Law practice group at Cranfill Sumner....
News
Non-Competition Agreements - Are They Enforceable?
Benton Toups, Vice-Chair of Employment Law Practice Group at Cranfill Sumner, authored a GWBJ article entitled “Non-Competition Agreements - Are They Enforceable?” ...
News
Benton Toups’ Insight Article: Myth-Busting And The FLSA
Benton Toups, the Vice-Chair of the Employment Law practice group at Cranfill Sumner, authored an Insights article entitled “Myth-Busting and the FLSA” in the GWBJ....
News
20 Cranfill Sumner Attorneys Named to 2015 North Carolina Super Lawyers and Rising Stars Lists
Cranfill Sumner announced that 20 of its attorneys have been selected for inclusion in the 2015 North Carolina Super Lawyers and North Carolina Rising Stars lists....
News
Benton Toups to Speak at 2015 Lawyer Panel
Benton Toups, Vice-Chair of the Employment Law practice group at Cranfill Sumner LLP, will participate in the 2015 Lawyer Panel...
News
Benton Toups’ Insights Article Featured in Greater Wilmington Business Journal
Benton Toups, the Vice-Chair of the Employment Law practice group at Cranfill Sumner LLP, recently authored an Insights article in the Greater Wilmington Business Journal....
News
Five Cranfill Sumner Attorneys Listed Among 2015 Legal Elite
Five Cranfill Sumner attorneys in its Raleigh, Charlotte and Wilmington offices were recognized by Business North Carolina magazine as Legal Elite...
News
Benton Toups Recognized for Pro Bono Service
Benton Toups, Vice-Chair of the Employment Law Practice Group at Cranfill Sumner, was recently awarded a Pro Bono Publico award by the New Hanover County Bar Association and the Legal Aid of NC, Inc....
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Benton Toups Named Town of Calabash Attorney
Benton Toups, Vice Chair of the Employment Law Practice Group at Cranfill Sumner LLP, was recently named the Town Attorney for Calabash, N.C....
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Benton Toups Featured in News Story Regarding Marijuana and Employment Law
Benton Toups, of Cranfill Sumner, provides insight into the legal implications for North Carolinians usage of legal marijuana in Colorado while on vacation. ...
News
Cranfill Sumner Attorneys Listed Among 2014 Legal Elite
Cranfill Sumner attorneys in its Raleigh and Wilmington offices were recognized by Business North Carolina magazine as part of the magazine’s Legal Elite program....
News
Benton Toups to Speak at Topsail Chamber Event
Benton Toups addresses the Topsail Area Chamber of Commerce about “What Employers Need to Know About Labor Law” and the basics of employment laws, how they impact small businesses and the increase in statutory regulation that comes with growth....
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Benton Toups to Present at Wilmington Chamber Breakfast Seminar
Benton will be presenting on Employment Law 101: What you Need to Know as You Grow. Covering employment law issues relevant to small businesses....
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Cranfill Sumner to Sponsor & Present Seminars at Wilmington Biz Expo
‘Employment Law 101: What You Need to Know as You Grow,’ will cover employment law issues relevant to small business....
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24 Cranfill Sumner Attorneys Selected as 2013 North Carolina Super Lawyers & Rising Stars
Ten Cranfill Sumner attorneys were selected as 2013 North Carolina Super Lawyers and 14 Cranfill Sumner attorneys were selected as 2013 North Carolina Rising Stars....
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Toups scheduled to Present at NCPRIMA Conference
Benton Toups and Jason Toups of Cranfill Sumner, Wilmington have been selected as speakers for the 2012 NC Public Risk Management Association (NCPRIMA) Conference....
