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.
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
- U.S. District Court for the Eastern District of 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
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.
- Representing location-based services and big data processing technology company based in China in federal litigation against the U.S. Department of Defense and other government actors, based upon claims that the government’s designation of the company as a Communist Chinese military company, and prohibiting U.S. persons from trading the company’s securities and derivatives of those securities are ultra vires, and violate the Administrative Procedure Act and the Fifth Amendment. Obtained preliminary injunction enjoining the government from enforcing and implementing the designation of the company as a Communist Chinese military company, and the resulting restrictions on transactions in, and possession of, the company’s securities or derivatives of those securities.
- Represented Yakama Nation fuel supplier in administrative appeals against California state taxing agency regarding over $100 million in fuel tax assessment and the Yakama Nation fuel supplier’s Treaty rights to be free from such taxation. Agency was ultimately convinced to withdraw all fuel tax assessments.
- 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.
- Defended dental supply company in federal court litigation against claims by competitor of trade secret misappropriation, tortious interference, and civil conspiracy relating to employees moving from competitor to dental supply company.
- Represented employer in claims against former employee for claims for violation of the Computer Fraud and Abuse Act and Defend Trade Secrets Act, as well breach of contract and conversion, associated with former employer improperly obtaining documents from employer’s systems following termination of employment. Successfully obtained stipulated permanent injunction.
- Represented general contractor and surety in dispute with subcontractor on state construction projects. Successfully obtained dismissal of lawsuit in favor of clients.
- 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.
- Represented 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.
- Represented security and intelligence services company in contract and trade secrets dispute with subcontractor.
- Represented Yakama Nation fuel supplier in federal court litigation with other fuel supplier regarding liability for millions of dollars in fuel taxes, and the Yakama Nation fuel supplier’s Treaty rights to be free from such taxation.
- Represented health and systems biology company in post-acquisition dispute with seller in Delaware Court of Chancery. Successfully obtained ruling from the Court compelling seller to arbitrate dispute.
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.
- Represented community foundation regarding various disputes concerning a scholarship program funded by an educational trust.
- Represented creditors and beneficiaries of trust estate in obtaining payment of creditor claim and rightful distribution as beneficiary. Obtained favorable settlement.
- Represented heirs of multi-millions dollar estate in dispute with other family members regarding equitable division of estate. Obtained favorable settlement.
- Representing DOE government contractor in federal court litigation relating to dispute with former cyber security subcontractor over subcontract termination. Obtained decision denying subcontractor request for temporary restraining order to prevent termination of contract.
- 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.
- Represented Yakama Nation fuel supplier in litigation and appeal relating to fuel supplier’s public records request to California agency. Obtained favorable ruling by trial court that agency must release substantial portion of requested records and an award of substantial attorney’s fees.
Real Estate Disputes and Matters
- 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 seller of commercial property in dispute with buyer regarding claims of breach of duty of good faith and fair dealing and vicarious liability associated with sale of the property. Obtained favorable settlement.
- Represented owner of wireless telecommunications tower in dispute with tax monitoring service company regarding breach of contract claims for failure to monitor payment of property taxes on parcel where tower was located, leading to tax foreclosure sale. Obtained favorable settlement.
- Representing commercial landlord in litigation with tenant regarding issues presented by COVID-19 pandemic.
- Represented Liquidating Director of dissolved non-profit in sale of commercial property in University District in Seattle.
- Represented ground lessee of commercial shopping center in rent negotiations with ground lessor.
News & Resources
News & Press Mentions
- 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, March 2020
- 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
- Banking & Financial Institutions
- Commercial Litigation
- Construction & Design
- Construction Litigation
- Development & Infrastructure
- Government Contracts Counseling & Litigation
- Healthcare & Life Sciences
- Intellectual Property Litigation
- Real Estate Litigation
- Securities & Financial Services Litigation & Enforcement
- Trademark, Copyright & Advertising
- Trusts & Estates Litigation
Professional & Civic
- Washington Appleseed, Board Member (2015 – 2020)
- King County Bar Association, Member of Public Policy Committee (2012 – 2020)
Representative Pro Bono Representations
- Representing family in defensive asylum application in immigration court and before the Board of Immigration Appeals. Obtained ruling from immigration court granting withholding of removal as to mother of the family under Article III of the Convention Against Torture.
- 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.