Benjamin B.Menker (Ben)

Associate

Columbus + 1.614.281.3827

Ben Menker is a litigator and trial lawyer who represents clients in a broad range of complex commercial matters throughout the United States. Ben has defended clients against allegations of health care fraud, credit reporting errors, and false or misleading advertising, as well as merger challenges brought under U.S. antitrust laws.

Ben recently served as second chair on the trial team that obtained a complete defense verdict for Scientific Games International in a public procurement dispute, securing a multiyear, multimillion dollar contract to provide services to the Ohio Lottery Commission. He was also a member of the teams that successfully defended against the Federal Trade Commission's challenges to STERIS Corporation's acquisition of Synergy Health and Cabell Huntington Hospital's acquisition of St. Mary's Medical Center. In addition, Ben has extensive experience representing health care industry clients, including hospital systems and laboratory services providers in government investigations and qui tam actions under state and federal False Claims Acts. He also represents in-network and out-of-network providers seeking appropriate reimbursement for their services from commercial payors, recently securing a favorable arbitration ruling for one such client following an evidentiary hearing.

Ben maintains an active pro bono practice. He has represented immigrant women and children seeking relief under U.S. immigration laws and currently serves as a member of the Southern District of Ohio's Pro Se Litigant Representation Panel.

Ben is a member of the Columbus Bar Association and Ohio State Bar Association.

Experience

  • Imaging provider negotiates favorable settlementJones Day represented a national diagnostic imaging services provider in connection with a False Claims Act qui tam case alleging that the provider's sales and marketing practices were in violation of the federal Anti-Kickback Statute.
  • Scientific Games defeats challenge to Ohio Lottery Commission contract awardFollowing a four-day bench trial, Jones Day won a sweeping victory on behalf of Scientific Games Corporation in a public contract dispute.
  • Cabell cleared to acquire St. Mary's following dismissal of FTC antitrust lawsuit to block transactionAfter a nearly two-year fight with the U.S. Federal Trade Commission, Cabell Huntington Hospital, Inc. has overcome all regulatory hurdles to its acquisition of St. Mary’s Medical Center, Inc., clearing the way to combine Huntington, West Virginia’s only two health systems.
  • Honduran woman obtains asylum in contested immigration caseJones Day represented pro bono a woman from Honduras in connection with the Firm’s Laredo Project.
  • Leading laboratory services provider successfully resolves lengthy false claims case after obtaining partial summary judgment and multiple administrative victoriesThroughout several years of active litigation, Jones Day represented a laboratory services provider in a case alleging that the laboratory company violated the Florida False Claims Act by (1) failing to bill its "usual and customary charge" under the State's argued interpretation of that term; and (2) offering steep discounts in order to induce referrals in violation of Florida's anti-kickback statutes.
  • STERIS defeats FTC's attempt to block Synergy Health acquisition on antitrust groundsIn a rare litigation defeat against the Federal Trade Commission, Ohio based STERIS Corporation prevailed against an antitrust challenge brought in federal court by the FTC, which sought to block STERIS's proposed $1.9 billion acquisition of Synergy Health plc.
  • Mahle acquires thermal division from Delphi Automotive for $727 millionJones Day advised Mahle GmbH in the acquisition of the thermal division of automotive supplier Delphi PLC for $727 million.
  • Cardinal Health acquires Tradex InternationalJones Day advised Cardinal Health, Inc. on the acquisition of Tradex International, Inc., a Cleveland based distributor of latex and other gloves used primarily in the health care and food service industries.
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