Ben Berkowitz represents corporations and individuals in all types of complex litigation, including intellectual property matters, commercial disputes, and white collar criminal cases. He has represented clients in a wide range of industries, including internet services, venture capital investment, professional services, software design, health care, and financial services. Mr. Berkowitz has litigated cases before state and federal trial courts throughout the United States, and has substantial appellate experience before state and federal courts of appeal as well as the U.S. Supreme Court.
Mr. Berkowitz also has an active pro bono practice, which has included impact litigation as well as representation of low-income clients in criminal and immigration cases.
Cases of Note
United States v. McKesson Corporation: We represent McKesson Corporation and one of its subsidiaries in a False Claims Act case pending in Oxford, Mississippi. Over the government's opposition, we won dismissal of the qui tam relator for lack of jurisdiction, and have moved for summary judgment of the government's principal claims.
State of Arizona v. Financial Services Company: A criminal grand jury investigated our client, a financial services company, for money transfers in the Southwest border region. We reached a settlement with four state attorneys general that included establishing a multi-state alliance to combat illegal activity along the U.S.-Mexico border.
Costco Wholesale Corp v. Omega, S.A.: We filed an amicus brief on behalf of eBay Inc. in support of Costco's petition for certiorari. This case involved cutting-edge copyright issues, including extraterritorial influences on copyright law, and the rights of downstream sellers and purchasers of goods under the first-sale doctrine. The U.S. Supreme Court granted the petition for writ of certiorari.
Plaintiff v. Investment Funds: We achieved an early resolution of numerous state and federal court actions for a venture fund company and one of its partners. Our clients faced trade secret misappropriation, copyright infringement, and breach of contract claims in both state court and in federal court. We were able to remove the state court action to federal court, and then secure an early settlement for our clients.
Amicus brief in support of Internet Companies: We filed an amicus brief in support of leading Internet companies, regarding the application of the Section 512(c) safe harbor provision of the Digital Millennium Copyright Act. The final judgment was entered for our clients and against the plaintiffs on all claims.
Former Chief Executive Officer v. Bank: We represented a bank's former CEO in a fraud and breach of fiduciary duty case which arose from our client's employment agreement. We won two separate petitions before the California court of appeal and ultimately reached a confidential settlement.
Presentations
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"Digital Property, Extraterritoriality, and the Evolution of the First Sale Doctrine," March 2011 at the Berkeley Center for Law & Technology.
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"Hot Topics in Copyright Law," October 2011 at the Berkeley Center for Law & Technology.
Awards and Honors
Executive editor, Harvard Civil Rights - Civil Liberties Law Review
Phi Beta Kappa, University of Pennsylvania
Plaintiff v. Investment Funds: We achieved an early resolution of numerous state and federal court actions for a venture fund company and one of its partners. Our clients faced trade secret misappropriation, copyright infringement, and breach of contract claims in both state court and in federal court. We were able to remove the state court action to federal court, and then secure an early settlement for our clients.
Plaintiff v. WorkBrain: We defended WorkBrain, a Canadian workplace management software developer, against claims of patent infringement brought in the District of Utah. After developing non-infringement positions, we obtained a cross-license settlement favorable to our client.
Amicus brief in support of Internet Companies: We filed an amicus brief in support of leading Internet companies, regarding the application of the Section 512(c) safe harbor provision of the Digital Millennium Copyright Act. The final judgment was entered for our clients and against the plaintiffs on all claims.
International Airline v. Internet Search Engine: In a case filed in the Northern District of Texas, we defended a leading search engine against copyright and trademark claims. The case was resolved on favorable terms for our client.
Internet Startup Shareholder Dispute: We represented an individual in a shareholder dispute between two former partners of an Internet startup that was acquired by a multinational corporation. We reached a confidential settlement before significant sums were spent on litigation, and before a single deposition was taken.
Former Chief Executive Officer v. Bank: We represented a bank's former CEO in a fraud and breach of fiduciary duty case which arose from our client's employment agreement. We won two separate petitions before the California court of appeal and ultimately reached a confidential settlement.
Law Firm v. Former Client: We represented a major law firm in a multi-million-dollar fee dispute and professional liability action arising from its work on a federal fraud case. We won on summary judgment, which was affirmed on appeal by the U.S. Court of Appeals for the Ninth Circuit.
State of Arizona v. Financial Services Company: A criminal grand jury investigated our client, a financial services company, for money transfers in the Southwest border region. We reached a settlement with four state attorneys general that included establishing a multi-state alliance to combat illegal activity along the U.S.-Mexico border.
United States v. Executive: We represented an individual in a criminal tax shelter investigation. No charges were brought.
United States v. Executive: We represented a client in connection with an ongoing criminal investigation conducted by the Department of Justice’s Antitrust Division. The case involved his employer, a U.S. government agency.
United States v. McKesson Corporation: We represent McKesson Corporation and one of its subsidiaries in a False Claims Act case pending in Oxford, Mississippi. Over the government's opposition, we won dismissal of the qui tam relator for lack of jurisdiction, and have moved for summary judgment of the government's principal claims.