Ben Berkowitz is a trial lawyer and experienced litigator who specializes in high-stakes business and intellectual property litigation and government investigations. He regularly handles matters of national importance and “bet-the-company” litigation, representing clients in state and federal courts and in arbitration throughout the United States.
Ben’s practice focuses on complex civil and criminal litigation matters, and he regularly serves as lead counsel for major technology companies, startups, founders, investors, and senior executives. He has helped numerous companies litigate and win their most challenging business and intellectual property disputes, including shareholder and partnership disputes, antitrust, cybersecurity, licensing, business fraud, professional liability, unfair competition, breach of fiduciary duty, breach of contract, patent, trade secret, copyright, trademark, and class action suits. He has also defended clients successfully in criminal and other government investigations involving such allegations as price fixing, computer fraud, securities fraud, government contracting fraud, and money laundering. Ben is also an experienced appellate advocate who has represented clients before the California courts of appeal, the federal appellate courts, and the U.S. Supreme Court.
He has an active pro bono practice and dedicates time to several community and nonprofit organizations. His pro bono work on behalf of journalists, media, and privacy organizations has been featured in national media, including The New York Times and the Washington Post. He presently serves as President of the Board of Directors of Legal Aid of Marin. He has served as an instructor for the non-profit National Institute for Trial Advocacy. He previously served on the Board of the American Constitution Society’s Bay Area Chapter and as Chair of the Advancement Committee for Asylum Access, a San Francisco nonprofit advocating for the human rights of refugees in Africa, Asia, and Latin America.
Before entering private practice, Ben served as a judicial law clerk to the Honorable Marjorie O. Rendell of the United States Court of Appeals for the Third Circuit. He graduated cum laude from Harvard Law School, where he was an Executive Editor of the Harvard Civil Rights - Civil Liberties Law Review. He received his undergraduate degree summa cum laude from the University of Pennsylvania.
Left Field v. Google
We defeated a class action lawsuit against Google, in which a putative nationwide class of restaurants alleged that Google’s food ordering products violated the Lanham Act and constituted counterfeiting. When granting our motion to dismiss, the court strongly implied that it would consider sanctioning the plaintiffs’ lawyers who had brought the case, identifying them by name in the court’s order. Plaintiffs thereafter dismissed their case with prejudice in exchange for an agreement that Google would not seek sanctions or fees.
McCoy v. Alphabet Inc. and Hammerling, et al. v. Google LLC
We successfully defended Google in two putative class action lawsuits filed in the Northern District of California asserting privacy, contract, and consumer law claims regarding Google’s alleged data collection practices related to Android smartphones. After we successfully moved the court to compel the first case to arbitration, the case was filed a second time with different named plaintiffs. We moved to dismiss the second case and secured a complete dismissal with prejudice of all claims in the lawsuit. The Ninth Circuit affirmed our trial court win.
In re: Google Location History Litigation
We are defending Google in consolidated cases on behalf of a worldwide putative class of mobile device users that are challenging Google’s location-data practices. We obtained a dismissal at the pleading stage of all of plaintiffs’ claims, including a dismissal with prejudice of plaintiffs’ claims for violation of the California Invasion of Privacy Act. Following dismissal with prejudice of what plaintiffs viewed as their most valuable claim, the case subsequently reached a settlement, which we are currently defending on appeal at the Ninth Circuit against objectors’ counsel.
Abdulaziz v. Twitter, Al-Ahmed v. Twitter, and Al-Sadhan v. X Corp.
We successfully defended Twitter and X Corp. in a series of civil lawsuits in federal courts in San Francisco and New York filed by Saudi Arabian political dissidents and journalists related to rogue Twitter employees who improperly accessed account information while acting as covert operatives for the Saudi Arabian government. Plaintiffs brought Racketeering, Alien Tort Statute, Stored Communications Act, Unfair Competition Law, invasion of privacy, intentional & negligent misrepresentation, concealment, and negligent supervision claims, attempting to hold Twitter as liable for its rogue employees’ actions. We obtained dismissals with prejudice in each of these cases.
Google v. Anthony Levandowski, et. al.
We successfully represented Google in an arbitration against former employees Anthony Levandowski and Lior Ron, obtaining a ruling that they breached their duties and employment agreements in connection with their founding of a competing self-driving car business while working at Google. Their competing business, Otto, was sold to Uber for a reported price of $680 million. Following a two-week arbitration hearing, a three-judge panel awarded Google a $179 million judgment that was later confirmed by the San Francisco Superior Court.
United States v. McKesson Corporation
We won a complete defense judgment in favor of McKesson after a month-long trial of a qui tam action alleging violations of the False Claims Act and Anti-Kickback Statue. The trial victory allowed McKesson to avoid paying nearly $1 billion in fines, and to avoid the collateral penalties that government agencies can impose on companies found to have paid illegal kickbacks. The Justice Department’s complaint charged McKesson with paying kickbacks to a nursing home operator in the form of underpriced services, and with submitting “legally false claims” to the government. After we had the whistleblower dismissed, a key victory, we then won dismissal of related claims that the nursing home’s supplier subsidiary failed to comply with Medicare supplier standards. With the case’s scope significantly narrowed, we lead our client through a bench trial which featured 24 witnesses, hundreds of exhibits and post-trial briefing. The judge ruled in our client’s favor, vindicating McKesson and its employees. This victory was listed by the National Law Journal as one of the year's five most significant trial wins.
Ziptronix v. Taiwan Semiconductor Manufacturing Company
We won summary judgment of non-infringement for Taiwan Semiconductor Manufacturing Company, Ltd. and its subsidiary TSMC, North America in a long-running patent lawsuit brought by North Carolina semiconductor company, Ziptronix, Inc. Ziptronix had asserted nine patents and more than 500 patent claims directed to TSMC’s manufacturing of semiconductors for use in backside-illumination image sensors used predominantly in smartphone cameras. On behalf of TSMC, we defeated Ziptronix’s claims by arguing that the territorial limits of U.S. patent law prohibited reaching TSMC’s business transactions and manufacturing operations in Taiwan.
Instacart Nationwide “Gig Economy” Litigation
On behalf of Instacart, we have successfully defended against numerous class and collective actions across the country alleging that that shoppers who use Instacart’s technology platform should be classified as employees rather than independent contractors. We have won a number of early dispositive motions in these cases, including motions to compel individual arbitration and to enforce class and collective action bars.
Former Client v. Law Firm
We won summary judgment for a major international law firm in a multi-million-dollar fee dispute and professional liability action arising from its work on a federal fraud case. We successfully defended our victory on appeal to the U.S. Court of Appeals for the Ninth Circuit.
Berk v. Coinbase
We defended Coinbase in a putative class action alleging insider trading and violations of the Commodities Exchange Act and Business & Professions Code Section 17200 in connection with the launch of a new digital currency, Bitcoin Cash. We filed a successful motion to dismiss all but one of the plaintiffs’ claims with prejudice, and the Ninth Circuit Court of Appeals reversed a trial court order denying a motion to compel arbitration of the sole remaining claim in the case and requiring the plaintiffs to individually arbitrate that claim. Following the Ninth Circuit reversal, the plaintiffs agreed to dismiss all their claims with prejudice.
Javorsky v. Western Athletic Clubs, Inc.
We won summary judgment for a chain of luxury health clubs, which faced a class action alleging age discrimination based upon discounted pricing for the clubs’ younger members. After winning at the trial court, we then successfully defended our victory on appeal to the California Court of Appeal. In affirming the trial court’s order, the Court of Appeal held that our clients’ pricing model was not only non-discriminatory, but in fact was supported by public policy.
Plaintiffs v. Founders of Digital Currency Startup
In classic David vs. Goliath litigation, we defended the founders of a digital currency startup against allegations of intellectual property theft brought by a large, international company. The litigation spanned multiple jurisdictions and involved conflicts between U.S. and foreign law. After we won an early strategic motion bringing a full stop to the plaintiffs’ California litigation, and after we filed counterclaims on behalf of our clients against the original plaintiffs in a new action in Delaware Chancery Court, the multi-jurisdiction litigation reached a confidential settlement. The company our clients founded has now raised more than $40 million in venture capital funding.
Fundme, Inc. v. GoFundMe, Inc.
We represented GoFundMe in trademark litigation brought by Fundme.com in federal district court in Utah. In pursuing an aggressive defense of GoFundMe’s trademark rights, we filed an early motion for summary judgment asking the federal court to cancel and invalidate the plaintiff’s competing registered mark. Shortly after our motion for summary judgment was filed, the case reached a confidential settlement.
Internet Startup Shareholder Dispute
We represented an individual in a shareholder dispute between 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.
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.
Former Chief Executive Officer v. Bank
We represented a bank’s former CEO in a fraud and breach of fiduciary duty case against his former employer. We won two separate petitions before the California court of appeal and ultimately reached a confidential settlement.
02/06/2025
Keker, Van Nest & Peters partners Ben Berkowitz and Erin Meyer discussed the firm’s achievements and the cases that solidified Keker’s place among Law360’s 2024 Cybersecurity & Privacy Groups of the Year. Read more
09/06/2024
The 2025 edition of Lawdragon’s 500 Leading Litigators in America featured 13 KVP partners. Read more
January 21, 2022
This 2-day program, 1/24/22 and 1/25/22, qualifies for 6 hours of general CLE credit, 1 hour of ethics credit, and 1 hour of elimination of bias credit.
Read more
May 26, 2020
Keker, Van Nest & Peters’ Ben Berkowitz and Nic Marais have obtained an important settlement on behalf of Bryan Carmody, a journalist whose reporting materials were seized in an illegal raid on his home by the San Francisco Police Department (SFPD) last May. Read more
February 19, 2020
In a major arbitration over self-driving vehicle technology, plaintiff Google LLC sought to hold former employees Anthony Levandowski and Lior Ron accountable for alleged breaches of contract and unfair competition. Read more
August 07, 2019
Cryptocurrency exchange Coinbase Inc. has escaped the majority of the claims brought by a proposed class of investors accusing it of artificially inflating bitcoin cash prices in a botched launch, after a California federal judge gutted the suit. Read more
August 06, 2019
Unsealed warrant applications make clear that the SFPD knew Bryan Carmody was a journalist when they sought illegal warrants. Read more
June 17, 2019
Two SF attorneys champion a freelance journalist whose home was raided after he refused to name a confidential source Read more
June 03, 2019
San Francisco police obtained a warrant to search a freelance journalist’s phone records and were authorized to “conduct remote monitoring” on the phone more than two months before a controversial raid on his home. Read more
May 25, 2019
Police Chief William Scott of San Francisco called the raid of a journalist’s home illegal and apologized for it. Read more
May 24, 2019
Keker, Van Nest & Peters partner Ben Berkowitz says it’s a really alarming time for journalists in this country, which is why he’s defending journalist Bryan Carmody, whose home office was the subject of a police raid earlier this month. Read more
May 24, 2019
Following the San Francisco Police Department’s raid of Bryan Carmody’s home, Keker,
Van Nest & Peters has agreed to represent the journalist on a pro bono basis. Read more
August 17, 2018
A federal judge has refused to dismiss a lawsuit by news organizations seeking to let media and public witnesses view more of the process of executions in California, which could resume soon. Read more
August 17, 2018
A federal judge on Friday rejected an attempt by the state of California to dismiss much of a lawsuit that seeks to make public all portions of executions. Read more
June 26, 2018
The U.S. Supreme Court has held the FBI violated a cellphone user's constitutional rights when it obtained four months' worth of location information from his cellular providers via a subpoena rather than a warrant supported by probable cause. Read more
April 12, 2018
The LA Times and two San Francisco-based non-profit news organizations are suing to keep executions from resuming in CA. The Times, NPR-member station KQED and the San Francisco Progressive Media Center want guaranteed full access to executions before they resume.
Read more
April 11, 2018
Keker, Van Nest & Peters and The American Civil Liberties Union Foundation of Northern California filed suit against the California Department of Corrections and Rehabilitation challenging its execution viewing procedure. Read more
07/13/2016
Ben Berkowitz will give a presentation on trade secret litigation to the Marin County Bar Association. Read more
05/13/2016
Ben Berkowitz will serve as a faculty member for this conference, which will cover everything from complaints to discovery to case management conferences, motion writing and tricks, trial prep, and trial techniques. All from the Federal Court perspective. Read more
02/26/2016
The awards recognize California litigation practices that delivered exceptional results on their clients' most critical and challenging matters. Read more
12/15/2015
A Bay Area company that operates fitness centers isn’t violating age-discrimination laws by charging reduced membership fees to 18- to 29-year-olds, who tend to have lower incomes than older adults, a state appeals court has ruled. Read more
11/04/2015
A California federal court crushed a proposed labor class action against smartphone-based grocery delivery service Instacart by ordering workers to individually arbitrate their claims. Read more
9/27/2015-9/29/2015
Faculty member Ben Berkowitz will present "Defending FCA Lawsuits Based on the “Swapping” Theory of Anti-Kickback Liability." Read more
01/16/2015
While many suits against entrepreneurs can never be foreseen, you can take steps now to protect yourself when waters are calm. Read more
10/21/2014
Ziptronix had asserted nine patents and more than 500 claims over TSMC’s manufacturing of semiconductors. Read more
07/25/2014
Keker & Van Nest filed a brief in the Jewel v. NSA case claiming that backbone surveillance violates the 4th Amendment at the time of seizure and at the time of the search for selectors. Read more
June 22-28, 2014
Ben Berkowitz will serve as a faculty member for the National Institute of Trial Advocacy's Trial Skills program. Read more
06/05/2014
Ben Berkowitz will present at a one-day seminar on federal court practice. Read more
05/01/2014
Ben Berkowitz will moderate this panel, featuring perspectives from lawyers on the front lines of the restorative justice movement and debate. Read more
10/24/2013
Ben Berkowitz and his fellow speakers will offer concrete, practical ideas ranging from discovery, depos and motions, to voir dire and jury instructions, to powerful opening statements. Read more
08/12/2013
Jeff Chanin and David Silbert overcame tough odds and high financial stakes to prove their client was innocent of kickback charges. Read more
07/16/2013
A diverse group of political, religious and environmental entities claim the government's sweeping collection of telephone communications data chills their members' First Amendment right to free association. Read more
01/07/2013
New partners all served on several significant trial teams, attended elite law schools, and completed prominent clerkships. Read more
12/20/2011
Keker & Van Nest filed an amicus brief on behalf of eBay Inc., Facebook Inc., Google Inc., InterActiveCorp and Yahoo Inc. Read more
10/04/2011
Ben Berkowitz discussed recent copyright decisions and the implications for public policy and private rights. Read more
03/15/2011
Mr. Berkowitz addressed when and how post-sale copyright restraints are justified in a digital and global economy, and its effect on creativity, prices and consumer choices. Read more
03/15/2011
Ben Berkowitz addressed when and how post-sale copyright restraints are justified in a digital and global economy, and its effect on creativity, prices and consumer choices. Read more
- Speaker, “Navigating the Privacy Minefield: Litigation Trends and Case Strategy,” Association of Corporate Counsel, 2024
- Speaker, “Navigating the Privacy Minefield: Litigation and Enforcement Trends in the U.S., Europe & Around the World,” Association of Corporate Counsel, 2022
- Moderator, “Section 230: What’s Next for Free Speech on the Internet?” American Constitution Society, 2021
- Co-Author, "Trade Secret Law: A Brief Guide for In-House Counsel," InsideCounsel, 2016
- Faculty, "Federal Court Boot Camp," Pincus Professional Education, 2016
- Faculty, "Defending FCA Lawsuits Based on the “Swapping” Theory of Anti-Kickback Liability," American Health Lawyers Association Fraud and Compliance Forum, 2015
- Author, "An Entrepreneur's Guide to Getting Sued and Fighting Back," Entrepreneur, 2014
- Faculty, National Institute for Trial Advocacy, 2014
- Faculty, "Federal Court Boot Camp," Pincus Professional Education, June 2014
- Moderator, "Restorative Justice and Our Communities," American Constitution Society and the National Council on Crime and Delinquency, 2014
- Faculty, "Superior Court Boot Camp," Pincus Professional Education, October 2013
- Moderator, "Forty Years after Roe: Examining the Social, Political and Economic Impact of the Constitutional Right to Abortion," March 2013, American Constitution Society
- Lecture, "Digital Property, Extraterritoriality, and the Evolution of the First Sale Doctrine," March 2011, University of California Berkeley Center for Law & Technology
- Lecture, "Hot Topics in Copyright Law," October 2011, University of California Berkeley Center for Law & Technology