Myra A. Benjamin

My focus

I represent clients in federal and state trial and appellate courts in numerous complex litigation matters, including ERISA class actions, tax disputes in state and federal courts nationwide, financial services, consumer law issues, lender liability, contracts, bankruptcy and creditor-debtor, fraud, business torts, and real estate foreclosures.

I am also experienced in advising clients and litigating complex claims brought under a variety of federal regulatory statutes, including the Employee Retirement Income Security Act (ERISA), Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the Truth-in-Lending-Act (TILA), the Telephone Consumer Protection Act (TCPA), and the Real Estate Settlement Procedures Act (RESPA).

I advise and assist clients in all phases of litigation proceedings, including negotiating settlements, drafting complaints, conducting discovery, and trial preparation. I bring this understanding and skill into all that I do to deliver high-quality client service and cost-effective representation.

Representative experience

• Successfully defended against a quiet title action involving multiple claims to real property, and which included a demand for damages of over $2 million, in federal court.
• Defended a corporate client against breach of contract and fraud claims, winning at trial on a motion to strike the evidence.
• Won a summary judgment motion in litigation involving wrongful judicial foreclosure and standing defenses.
• Obtained dismissal of a multi-count counterclaim, alleging breach of contract, fraud, civil conspiracy, and violation of multiple federal statutes.
• Advise clients on curative issues involving gaps in title, providing solutions that have saved those clients several thousands of dollars in attorney’s fees and litigation costs.
• Successfully defended against an appeal of a bankruptcy court order, granting a client relief from an automatic bankruptcy stay, which was ultimately decided in the Fourth Circuit Court of Appeals.
• Negotiated numerous settlement agreements, which have cleared the way for clients to enforce security interests in real property.

Prior Experience

Before joining Nixon Peabody, Myra was a litigation attorney in the Washington, DC, office of an Am Law 100 law firm and law clerk for the Honorable John T. Cook in Campbell County Circuit Court.

Looking ahead

With the advent of constantly evolving technology as well as increased competition in the marketplace, we will continue to take a focused approach to promoting our clients’ interests aggressively and effectively, with a constant eye towards client satisfaction.