Ben Kirk maintains an active commercial transactions practice, including the structuring and formation of various business entities and other commercial ventures. For more than 40 years, his practice has been concentrated in the areas of commercial litigation and transactions.
Ben also has extensive experience advising borrowers and regional lenders in commercial/secured loan transactions, drafting and negotiation of many business agreements, including governing documents, employment service and intellectual property agreements, buy-sell and other contracts, including franchise-related agreements. Ben is skilled in all aspects of commercial real estate transactions, including development, leasing, quiet title and like-kind exchanges.
Ben’s practice emphasizes the representation of entrepreneurs and small businesses, which often involves creative thought, complex negociations, and when appropriate, litigation. A significant part of Ben's clientele is large multi-unit legacy brand restaurant operators, which are members of the Franchise Times Top 200+. He is also privileged to represent various real estate developers and investors, including oil and gas owners, operators and oil field service companies, health care providers, and many other small business entrepreneurs in various sectors, including the rapidly evolving cannabis industry.
Ben has also been a seminar presenter on several occasions, including commercial leasing and, more recently, franchise rights. Most recently, he was a featured co-author in the Oklahoma Bar Journal for an article entitled, “Remedies for the Freeze-Out: Employment Rights of Minority Shareholders of Close Corporations.”
- Represents numerous multi-unit restaurant operators in various legacy brands in the acquisition, divestiture, structuring, development and financing of units. In 2021, he served as lead counsel for buyers and sellers in numerous acquisitions and divestitures exceeding $200,000,000 in value.
- Represented regional and community banks in real estate and cash flow/net income lending transactions and numerous borrowers in the negotiation and review of loan documents for large credit facilities.
- Represented real estate developers and investors concerning all aspects of development, acquisition and commercial leasing for projects throughout the U.S. Frequently, he represents commercial landlords and tenants in connection with lease negotiations, construction contracts and development related matters.
- Represented numerous small business owners in connection with start-ups, as well as acquisitions of existing businesses from $500,000 to more than $100,000,000.
- Represented an entrepreneur in acquiring the dealership rights to a well-known automobile brand in a highly competitive market. Also, represented numerous vehicle dealers in connection with licensure issues.
- Represents substantial multi-state, multi-market single family residential home builders/developers.
- Represents health care providers in contract negotiations and acquisitions.
- Represented high-level executives in connection with separation and/or employment-related agreements. Also, represented numerous small businesses in connection with labor and employment matters.
- Represented an oil field service company in connection with a multi-entity, multi-state merger.
- Represented an operator/minority owner in the sale of multiple saltwater disposal wells in the Bakken oil and gas field in North Dakota.
- Represented clients in connection with significant wind and solar farm developments.
- Represented numerous cannabis industry-related ventures and investors.
- 405 Magazine’s Top Attorneys, Real Estate, 2024
- Zach D. Taylor Award by Allied Arts OKC for being a leader and dedicated Board Member, 2024
- Best Lawyers®, Oklahoma City, Bankruptcy and Finance Law, 2024-2025
- Best Lawyers®, Oklahoma City, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2018-2025
- Best Lawyers®, Oklahoma City, Corporate Law, 2025
- Best Lawyers®, Oklahoma City, Mergers and Acquisitions Law, 2025
- Best Lawyers®, Oklahoma City, Real Estate Law, 2019-2025
- OKC Friday Newspaper, 50 Most Powerful Oklahomans List, 2018
- Ruth Bader Ginsburg Inn of the Court, Master of the Year, 2013
- Ruth Bader Ginsburg Inn of the Court:
- Group Leader, 2013
- Treasurer, 2014-2018
- Member, since 2011
- Oklahoma Bar Association, Civil Procedure Committee, Former 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
- Allied Arts:
- Executive Committee, 2022-2023
- Board Member, 2020-2023
- Board Governance Committee, 2020-Present
- Strategic Planning Committee, 2021
- Allocations Committee, 2020 – Present
- Advocacy Committee Chairman, 2022-2023
- Oklahoma City Ballet:
- Board of Trustees, 2015-2020
- Executive Committee, 2016-2020
- Governance Committee Chair, 2016-2017
- President-Elect, 2017-2019
- President, 2019-2020
- Past-President, 2020-2021
- Advisory Counsel Member, 2023-Present
- Oklahoma County Bench & Bar Committee, 2022
- Doerner Attorneys Named to 2025 Best Lawyers® List
- Doerner Attorneys Soar in Top Attorney List for 2024
- ALERT: Effective January 1, 2024, the Corporate Transparency Act Requires Reporting the Beneficial Owners of Most Privately Held Companies
- DSDA Lawyers Named to 2024 Best Lawyers® List
- Kirk Teams Up w/ Allied Arts: Funding News for the Arts
- Kirk and Gage Co-Author for the OBJ
- DSDA Lawyers Named to 2023 Best Lawyers® List
- 25 DSDA lawyers named to 2022 Best Lawyers® List
- Kirk Selected to Allied Arts Board
- 26 DSDA Lawyers Named to 2021 Best Lawyers® List
- Kirk Presents at Franchisee Symposium
- 21 DSDA Lawyers Named to 2020 Best Lawyers® List
- Legal Insights Q&A with Ben Kirk
- 20 Doerner Lawyers Nationally Recognized in The Best Lawyers in America© 2019
- Doerner Announces Three New Partners
- Doerner Lawyers Recognized in The Best Lawyers in America© 2018
- Business Law Letter: Oklahoma Unmanned Aerial Surveillance Act Effective November 1, 2016