Benjamin Greenberg
PEOPLE

Benjamin Greenberg

Partner
greenberg.ben@dorsey.com

Overview

BEN WORKS TIRELESSLY TO HELP CLIENTS ACHIEVE EFFECTIVE AND DESIRED RESOLUTIONS TO THEIR DISPUTES.

Ben is a partner in Dorsey’s trial group who has represented clients in federal and state court proceedings, as well as administrative proceedings, across a wide range of industries, including construction, real estate, financial services, banking, education, health care and technology. He has also provided internal investigative assistance to companies regarding suspected violations of Federal Law.

Ben is particularly experienced in advising clients and litigating matters concerning complex commercial disputes, government contracting, construction claims, trust and estate disputes, public records disputes, and business dissolutions. His practice also includes business torts, employment and trade secrets, and trademark disputes.

Ben is very active in the community and currently serves on the Board of Directors for Washington Appleseed, an organization that mobilizes volunteer attorneys and collaborates with community partners to level the playing field for Washington State’s vulnerable and marginalized populations. He also devotes over 150 hours a year, on average, toward pro bono legal work involving immigration, domestic abuse, and litigation matters.

Education & Admissions

Boston College Law School (J.D., 2011), magna cum laude, Order of the Coif, Boston College Law Review, Molly and Phil Weinstein Scholar 2010-11

Linfield College (B.A., Political Science, 2008), magna cum laude, Elliot Tenofsky Award for Outstanding Senior in Political Science, Pi Sigma Alpha Honors Society

Admissions

  • Oregon
  • Washington
  • U.S. District Court for the Western District of Washington
  • U.S. District Court for the District of Oregon
  • U.S. Court of Appeals, Ninth Circuit

Experience

Representative Work

Complex Corporate, Commercial, and Intellectual Property Litigation

  • Defended bank against multi-million dollar claims of aiding and abetting fraud, negligent supervision, violations of the consumer protection act, and unjust enrichment arising out of an alleged Ponzi scheme. Obtained summary judgment dismissing all claims, which was affirmed on appeal.
  • Represented LLC member in breach of contract action with former business partner relating to dissolution of retail business. Obtained jury verdict for full relief requested.
  • Represented manufacturer in federal court litigation involving claims of breach of express and implied warranties, and fraudulent misrepresentation. Obtained favorable settlement.
  • Represented broker-dealer in non-compete dispute arising from financial advisor departures and recruitment. Obtained favorable settlement. 
  • Represented general contractor and surety in dispute with subcontractor on state construction projects. Successfully obtained dismissal of lawsuit in favor of clients.
  • Represented LLC managing member against claims of breach of fiduciary duty, fraud, accounting, and unjust enrichment brought by business partner of commercial real estate company. Obtained dismissal of all claims on summary judgment.
  • Represented provider of education technology services in prosecuting claims for breach of contract, trade secret misappropriation, violation of Computer Fraud and Abuse Act, and breach of the duty of good faith and fair dealing.  Obtained favorable settlement.
  • Defended water treatment research and development firm against claim of trade secret misappropriation.
  • Currently representing provider of professional certification and training programs against claims of breach of contract, copyright infringement, trade secret misappropriation, and trademark infringement in federal court proceedings. Obtained dismissal of all claims, which was affirmed on appeal by the Ninth Circuit.
  • Represented employment matching services technology company in federal trademark infringement lawsuit. 

Trust and Estate Litigation

  • Represented potential heirs of multi-million dollar estate in TEDRA action asserting claims against purported sole beneficiary alleging invalidity of inheritance under interested witness statute and the Slayer or Financial Abuser Act. Obtained favorable settlement.
  • Represented beneficiary of testamentary trust in TEDRA action involving claims for unpaid trust funds and breach of fiduciary duty by trustee. Obtained favorable settlement.
  • Represented trustee of Post-Mortem Trust and Foundation in litigation regarding the legal status, formation, administration, and tax status of charitable foundation. Obtained favorable dispositive ruling and favorable settlement.
  • Representing community foundation regarding various disputes concerning a scholarship program funded by an educational trust.
  • Representing creditors and beneficiaries of trust estate in obtaining payment of creditor claim and rightful distribution as beneficiary.
Government Procurement and Internal Investigations
  • Represented collection agency in two bid protests against local municipalities for collection services contracts. Both municipalities took corrective action as a result of bid protests.
  • Represented federal government contractor in filing bid protest with the Government Accountability Office for exclusion from the competitive range of Design-Build Contract for training range facilities. Agency took corrective action as a result of bid protest.
  • Represented federal government contractors in size appeals before the U.S. Small Business Administration Office of Hearing and Appeals.
  • Participated in internal investigations of suspected violations of the Truth in Negotiations Act, Anti-Kickback Act, and Foreign Corrupt Practices Act.

Public Records Disputes

  • Represented exclusive distributor of proprietary psychological testing materials in litigation to prevent disclosure of testing materials in response to public records request. Obtained temporary restraining order and preliminary injunction prohibiting release of subject records.
  • Currently representing fuel distribution company in litigation and appeal relating to fuel distributor’s public records request to California agency. Obtained favorable ruling by trial court that agency must release substantial portion of requested records. 

News & Resources

Articles

D.C. Circuit Weighs in on the FCA’s Anti-Retaliation Statute
Federal Magistrate Judge Tells Cautionary Tale About How Not to Conduct Discovery in Federal Court
Fifth Circuit Denies Defendants’ “Halftime” Attempt to Shift Fees Under the DTSA
Earning Your Stripes (or Injunction): The Ninth Circuit Reiterates the Burden of Proving Irreparable Harm in Trademark Cases
Developer “Tagged” with $6.75 Million Damages Award for Willfully Destroying Graffiti Art of Recognized Stature
Graffiti Artists “Tag” Developer in Court: Graffiti Art Protected Under Visual Artists Rights Act in Advisory Verdict
The Federal Circuit Grapples With a Messy Breakup and Trademark Ownership
D.C. Circuit Upholds Public-Disclosure-Bar Dismissal Based On Information Posted to Websites
First Circuit Permits Supplementation of Complaint to Cure First-to-File Jurisdictional Defects
Ninth Circuit Concludes that Conviction Precludes Relator Recovery
D.C. Circuit Determines that Physical Possession of Medicare Records Not Required in Implied-Certification Claim Against the District of Columbia
Sixth Circuit Reminds Government of its Burden to Prove Actual Damages in False Claims Act Litigation
OHA Provides A Lesson in Meeting the Mentor Protégé Joint Venture Exception to Affiliation
A Recent Reminder of the Sovereign Acts Doctrine
Construction ADR, ABA Forum on the Construction Industry (contributing author)
Construction Law Update, Aspen Publishing (2012 – 2014 eds.) (contributing author)
Construction Law Update: Case Law and Legislation Affecting the Construction Industry, ABA Forum Committee on the Construction Industry, Division 10 (contributing author)
Eight Ways to Protect Your Construction Company, Utility Contractor Magazine (co-author)

News & Press Mentions

Super Lawyers Recognizes 14 Dorsey Lawyers in Seattle
Dorsey & Whitney Names New Partners
Super Lawyers Recognizes 14 Dorsey Lawyers in Seattle
Super Lawyers Recognizes 18 Dorsey Lawyers in Seattle
Dorsey Nationally Ranked and Named Trademark Law Firm of the Year by "U.S. News – Best Lawyers" Best Law Firms
Super Lawyers Recognizes 14 Dorsey Lawyers in Seattle
Super Lawyers Recognizes 13 Dorsey Lawyers in Seattle
Super Lawyers Recognizes 20 Dorsey Lawyers in Seattle

Select Presentations

Speaking Engagements

  • Important Issues in Trade Secret Litigation (co-presenter), Guest Lecture to University of Washington School of Law Students, Litigation Strategies in Technology Protection Law Class, January 2016
  • Top Five Construction Contract Clauses and What Happens When The Project Goes Bad—ADR in Construction Disputes (co-presenter), Presentation to Associated Builders and Contractors, Young Professionals Group, 2012

Industries & Practices

Government Contracts Counseling & Litigation
Securities & Financial Services Litigation & Enforcement
Trademark, Copyright, Advertising & Brand Management
  • Banking & Financial Institutions
  • Commercial Litigation
  • Construction & Design
  • Construction Litigation
  • Development & Infrastructure
  • Government Contracts Counseling & Litigation
  • Healthcare
  • Intellectual Property Litigation
  • Securities & Financial Services Litigation & Enforcement
  • Technology
  • Trademark, Copyright, Advertising & Brand Management
  • Trusts & Estates Litigation

Professional & Civic

Professional Achievements

  • Washington Appleseed, Board Member (2015 – present)
  • King County Bar Association, Member of Public Policy Committee (2012 – present)

Community Involvement

Representative Pro Bono Representations

  • Representing family in filing for defensive asylum application in immigration court.
  • Represented victim of domestic violence on motion to revise Court Commissioner’s domestic violence protection order. Successfully moved to strike hearing and uphold Commissioner’s order on jurisdictional grounds. 
  • Represented victim of domestic violence in petition for domestic violence protection order.
  • Participated in firm-wide effort to create comprehensive prisoner reentry guide titled Washington Appleseed Reentry Guide.
  • Led team of Dorsey attorneys in comprehensive research and analysis of Washington Courts’ contracts with collection agencies for the collection of legal financial obligations.
  • Filed amicus brief on behalf of Korematsu Center to support immigration rights organization’s constitutional claims relating to enforcement of restrictive federal government regulations and policies.

Accolades

  • Listed as a "Rising Star" by Washington Super Lawyers, 2014-2019
Benjamin Greenberg