Ben Rothstein
Associate

brothstein@keker.com
Tel. (415) 773-6666

Education

Columbia University School of Law, J.D., 2009

University of Chicago, A.B., 2005 

Externships

Hon. Robert A. Katzmann
U.S. Court of Appeals for the Second Circuit, 2009

Clerkships

Hon. Barry Ted Moskowitz
U.S. District Court for the Southern District of California, 2011-2012

Bar Admissions

California

New York 

Ben Rothstein

Ben Rothstein fiercely advocates for his clients. His diverse litigation practice includes securities fraud, antitrust, patent, legal malpractice, and other complex commercial matters. Mr. Rothstein has represented a number of blue chip telecommunications and technology companies, including Netflix, T-Mobile, and Comcast, in addition to other individual and corporate clients, and has appeared in state and federal courts on both coasts. 

Mr. Rothstein also maintains an extensive pro bono practice in the fields of immigration and prisoner civil rights. Recently, Mr. Rothstein represented an individual deprived of a religious diet in Marin County Jail while awaiting trial. After litigating the individual’s First Amendment claim through fact discovery, Mr. Rothstein secured for his client a consent judgment against Marin County in the amount of $150,000.

A former white water raft guide and still-current adrenaline junkie, Mr. Rothstein continues to enjoy whitewater kayaking, backcountry skiing, and a number of other outdoor sports and activities.

Cases of Note

Former Client v. Law Firm: We won a complete defense verdict for our multinational law firm client, and three individual law firm partners, in a malpractice claim arising out of patent litigation in the ITC and Delaware. The plaintiffs had alleged more than a dozen individual acts of malpractice and sought $60+ million in damages. After a hard-fought two-week arbitration before a retired federal judge in New York, the arbitrator issued an award in our clients’ favor.

Former Employee v. Netflix, Inc. and Amazon.com, Inc.: We defended Netflix and several of its senior executives from a high-profile defamation and blacklisting lawsuit. The plaintiff departed Netflix for Amazon, and later claimed that Netflix retaliated against him by making defamatory statements about him, wrongfully accusing him of taking confidential information, and inducing Amazon to fire him. We filed an early special motion to strike plaintiff’s complaint against the Netflix defendants pursuant to California’s anti-SLAPP statute, explaining why the plaintiff’s claims against the Netflix defendants were entirely premised on protected and privileged speech and did not establish a viable claim. The court granted our anti-SLAPP motion in its entirety, dismissing all of the plaintiff’s claims against the Netflix defendants only 5 ½ months after the complaint was filed.

High Point Sarl v. T-Mobile USA: On behalf of T-Mobile, we defeated High Point SARL's multi-patent infringement case in New Jersey federal court. Luxembourg-based High Point had claimed our client infringed four of its patents involving various aspects of digital cellular network technology, and sought significant damages. However, we obtained summary judgment based on patent exhaustion, and successfully defended that judgment in High Point's appeal to the U.S. Court of Appeals for the Federal Circuit.

Professional Affiliations

  • Member, Jewish Bar Association of San Francisco

Honors and Awards

Columbia Law School

  • Senior Editor, Columbia Law Review 
  • James Kent Scholar
  • Harlan Fiske Stone Scholar
  • Jerome Michael Mock Trial winner
  • Frederick Douglas Moot Court and Harlan Fiske Stone Moot Court
  • Student Attorney, Columbia Environmental Law Clinic
  • President, Alpine Society
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