Ben Thorpe represents plaintiffs and defendants in complex trial and appellate litigation and advises corporate clients regarding litigation and enforcement risk. In this latter role, Ben leverages his experience as a trusted counselor to executive and board leadership to deliver efficient, targeted solutions to his clients’ legal needs. As a litigator, Ben regularly handles class actions, multidistrict litigation, contract disputes, business torts, and federal and state statutory claims. He has particular experience in antitrust matters, having represented both parties and witnesses in high-profile cases involving a range of industries. 

Prior to his return to the firm, Ben served as in-house counsel to The Home Depot. There, he managed an active litigation portfolio heavily weighted towards plaintiff-side corporate recoveries, including both antitrust and insurance coverage claims. He also handled a diverse set of investigations and compliance matters on behalf of the company, partnering with business units across a large enterprise to effectively mitigate risks arising from both private litigation and government enforcement. 

Following a clerkship with the Honorable Frank M. Hull of the U.S. Court of Appeals for the Eleventh Circuit, Ben began his private practice career here at Bondurant, taking advantage of the opportunities afforded our associates. Among these early opportunities, he takes particular pride in the work he undertook with founding partner Emmet Bondurant on behalf of plaintiffs in Rucho v. Common Cause, 139 S. Ct. 2484 (2019), a voting rights challenge to North Carolina’s congressional districts.

He received his Juris Doctor from the University of Georgia School of Law where, as a member of the appellate litigation clinic, Ben argued before the U.S. Court of Appeals for the District of Columbia while still a law student. He received his Bachelor of Arts in Economics from the Andrew Young School of Policy Studies at Georgia State University.

Representative Work

Represented Fortune 50 retailer in antitrust action against Visa and MasterCard, challenging allegedly unlawful practices that inflated merchant fees for credit and debit card transactions.

Represented Fortune 50 retailer in insurance coverage dispute, seeking recovery of costs related to class action claims arising from a data breach.

Currently defending an information technology company against class action claims brought in connection with a data breach.

Currently representing a digital infrastructure company in a commercial dispute related to data center hosting services.

Represented minority owner of privately held digital infrastructure company in corporate governance and ownership dispute, including at jury trial and on appeal before the Georgia Court of Appeals.

Secured complete dismissal of class action brought against Fortune 500 financial technology company.

Obtained dismissal of negligent misrepresentation claim asserted against Fortune 500 financial technology company.

Successfully represented plaintiff in landmark premises liability and apportionment appeal before the Georgia Supreme Court. Martin v. Six Flags Over Georgia II, L.P., 301 Ga. 323 (2017).

Represented plaintiffs in Rucho v. Common Cause, 139 S. Ct. 2484 (2019), a constitutional challenge to the partisan gerrymandering of North Carolina’s congressional districts.

Represented plaintiffs in Common Cause v. Kemp, 714 Fed. App’x 990 (11th Cir. 2018), a statutory and constitutional challenge to Georgia’s voter purge statute.

Successfully represented political party, candidate, and voter plaintiffs in challenges to rules promulgated by the Georgia State Election Board in advance of the 2024 election.

Representing state political party as intervenor opposing challenges to election certification.

Professional Activities

Atlanta Bar Association, Corporate Counsel Section, Board Member

State Bar of Georgia, UPL District 5 Committee, Chair

University of Georgia School of Law, Law School Alumni Council, Board Member

Pace Academy, Alumni Scholar Award, Committee Chair

Clarke-Carley Inn of Court, Barrister, 2021-2023