D. Benham Kirk maintains an active commercial transactional practice, including the structuring, formation, drafting and negotiation of various business entities, joint ventures and other commercial dealings. For nearly 35 years, his practice has been concentrated in the areas of commercial litigation and transactions.
Ben also has extensive experience advising borrowers and lenders in commercial/secured loan transactions, and drafting and negotiation of many business agreements, including governing documents, employment agreements, service agreements, intellectual property agreements, buy-sell and other contracts. Ben is skilled in all aspects of commercial real estate transactions, including development, quiet title and like-kind exchanges.
Ben’s practice places an emphasis on the representation of entrepreneurs and small businesses. A significant part of Ben's clientele are multi-unit restaurant operators. These include some of the largest franchise restaurant operators in the United States. He is also privileged to represent various real estate developers, oil and gas owners and operators, health care providers, many small business entrepreneurs in various sectors, and service entities, including marketing agencies. He also represents community and regional banks.
Ben has also been a seminar presenter on a number of occasions.
- Represented several restaurant operators in the acquisition of multiple units and financing for the same.
- Represented numerous borrowers in negotiation and review of loan documents for large credit facilities.
- Represented numerous small business owners in connection with start-ups, as well as acquisitions of existing businesses from $500,000 to in excess of $50,000,000.
- Represented regional and community banks in out-of-the box lending transactions.
- Successfully represented a commercial real estate broker in an action for recovery of a six-figure unpaid commission when the sale did not close due to the seller's breach of the purchase contract.
- Represented private mortgage holder in complex mortgage priority claim against competing institutional lender.
- Represented an operator/minority owner in the sale of multiple saltwater disposal wells in the Bakken oil and gas field in North Dakota.
- Frequently represents entrepreneurs in service, real estate, technology and manufacturing sectors in connection on start-up organization, business planning, contractual relationships, business ventures and, when appropriate, litigation.
- Represents health care providers in contract negotiations, preparation and acquisitions.
Professional, Community and Pro Bono Involvement
- Ruth Bader Ginsburg Inn of the Court, 2013 Master of the Year; Treasurer 2014 to present
- Oklahoma Bar Association, Civil Procedure Committee, Member
- Oklahoma Bar Association, General Practice, Business, Corporate Law, Banking Law Sections
- Oklahoma Bar Association, Estate Planning and Probate Section, Past Board Member
- Oklahoma Bar Association, Bankruptcy and Reorganization, Past Chairman
- Oklahoma City Ballet, Board of Trustees, 2015-2018; Executive Committee and Governance Committee Chair, 2016-2017, President-Elect, 2017-2019
Honors and Awards
- Listed in Best Lawyers® for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2018
- J.D., University of Oklahoma College of Law, 1982
- B.A., Trinity University, 1979
Bar & Court Admissions
- Oklahoma, 1982
- Northern, Western and Eastern Districts of Oklahoma
- United States Supreme Court
- United States Court of Appeals Sixth and Tenth Circuits
- Northern District of Florida
- Western District of Michigan