Benjamin D. Carnahan
Attorney Profile
Top Rated Business Litigation Attorney in Cleveland, OH
Selected to Rising Stars: 2015 - 2019
Ben is an experienced business, commercial and real estate attorney with a comprehensive practice within Walter | Haverfield’s Business Services and Litigation Services groups. He represents companies big and small, from the nation’s largest banks, lenders and loan servicers to small businesses and closely held corporations, often serving as outside regional counsel in the Midwest managing litigation in multiple states/jurisdictions for his clients. Ben builds long-lasting client relationships and is a trusted advisor to in-house corporate counsel on compliance issues, non-routine litigation strategy & management, and rights, duties and obligations under complex commercial contracts, including with vendors and third-party service providers.
While his primary objective is to help clients avoid reputational, operational, and regulatory risk, litigation is inevitable. When litigation arises, Ben focuses on resolving matters in a cost-effective manner by identifying and analyzing root causes to determine strengths and weaknesses in a case and working collaboratively with clients to develop objectives and strategies early on in the litigation. He specializes in resolution of complex business disputes, commercial and residential real estate loan litigation, with extensive experience in the defense of clients against federal and state consumer finance statutes, such as OCSPA, FDCPA, TCPA, FCRA, HAMP, HOEPA, TILA, and RESPA (Reg X & Reg Z). Ben also represents commercial lenders and receivers with respect to troubled commercial assets and loans.
Ben’s prior practice included establishing and opening the Cleveland, OH law office as managing attorney for a mid-size Midwest law firm with offices in West Palm Beach, FL, Chicago, IL and Wichita, KS. Ben is currently serving as a Board Member and Treasurer of Taleris Credit Union in Northeast Ohio, which has allowed him to gain a better understanding of the business side of banking and made him a better lawyer to his financial institutional clients. He is also a 2021 Ohio Super Lawyers honoree, a recognition offered to no more than five percent of lawyers in the state. Previously, he was included on the Ohio Super Lawyers® – Rising Stars list for five straight years. In his personal time, Ben enjoys hiking with his yellow lab, painting, boating, and water/snow skiing with his wife and two children.
About Benjamin D. Carnahan
First Admitted: 2005, Ohio
Professional Webpage: https://www.walterhav.com/professional/benjamin-d-carnahan/
Pro bono/Community Service
- Taleris Credit Union, 2017 – Present, Board Member & Treasurer
- Cleveland Metropolitan Bar Association, MemberSubcommittee on Vacant Foreclosed Properties in City of Cleveland, 2013-2014 , Member3Rs – Rights, Responsibilities, Realities Program, 2011-present, VolunteerEducational outreach project/joint venture between bar association & Cleveland Metropolitan School District; teach inner-city students using real-world curriculum focused on US Constitution
Honors/Awards
- Ohio Super Lawyers ® - Rising Stars Edition, 2015 – 2019, a designation reserved for the top 2.5% of attorneys under 40 in the State of Ohio.
Scholarly Lectures/Writings
- Using Adopted Business Records in Ohio Courts, Cleveland Metropolitan Bar Journal, November 2015Landlord Tenant Law: Lease Agreements, Defaults & Collections, CLE, Speaker, Akron, Ohio, April 2017Blockchain & Cryptocurrency: What’s the Fuss?, Ohio Mortgage Banker’s Association, Speaker, Webinar, October 2018eNotes & Mortgages – It’s The Future, Ohio Mortgage Banker’s Association, Featured Speaker, OMBA Annual Convention, May 2019, Speaker/Author, Attorney, Lawyers, Bankers, Mortgage Brokers, Financial Services
- The Telephone Consumer Protection Act (TCPA) landscape continues to evolve because of recent regulatory revamps. Recently, the Federal Communications Commission (FCC) released a Report and Order to update several TCPA exemptions. The Report and Order codifies existing exemptions for calls to wireless numbers and revises certain TCPA exemptions for calls made to residential telephone lines. These notable regulatory developments confront companies with a myriad of critical issues and compliance hurdles, which, if not mitigated, could incur legal liabilities. Thus, it becomes imperative that businesses carefully revisit their compliance programs. , Speaker, What's New for the Telephone Consumer Protection Act (TCPA): Addressing Risks to Ensure Compliance, The Knowledge Group, 2021
Other Outstanding Achievements
- Ohio Super Lawyers ® - Rising Stars Edition, 2015 – 2019, a designation reserved for the top 2.5% of attorneys under 40 in the State of Ohio.
Representative Clients
- Real estate, and complex commercial/business attorney representing banks, loan servicers, closely-held companies, real estate developers, investors, and condominium/homeowner associations in complex civil litigation and transactions. Serve as regional counsel in Midwest Region to some of nation’s largest loan servicers and subservicers, managing clients’ complex civil litigation in multiple states/jurisdictions.
Bar/Professional Activity
- Ohio Supreme Court U.S. District Court, Northern District Court of Ohio U.S. District Court, Southern District Court of Ohio U.S. Sixth Circuit Court of Appeals Ohio State Bar Association, MemberOhio Mortgage Bankers Association, Member Legislative Service Subcommittee, MemberCleveland Metropolitan Bar Association, MemberTaleris Credit Union, 2017 – Present, Board Member & Treasurer
Educational Background
- Kent State University, Kent, Ohio Bachelor of Arts, History, May 2002 Minor, Pre-Law, 2002
Industry Groups
- Banking
- Class Actions
- Collections
- Commercial Litigation
- Consumer Finance
- Creditors' Rights
- Financial Services
- Loan Servicing
- Mortgage Brokers
Last Updated: 8/11/2022