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Ben Berkowitz litigates high-stakes business and intellectual property disputes on behalf of clients ranging from Fortune 100 companies to Silicon Valley startups. His practice focuses on helping clients in three core areas: intellectual property litigation, complex business disputes, and government investigations.

Mr. Berkowitz is an experienced litigator and an aggressive advocate who has won numerous civil and criminal cases, including as lead counsel in more than a half-dozen jury trials. He also has a track record of winning cases early in litigation and before trial though effective motion practice.

He handles cases in state and federal courts throughout the United States. He also provides counseling and advice on pre-litigation disputes that may enable successful resolution before litigation.

IP Litigation for Leading Technology Companies
Mr. Berkowitz has litigated patent and trade secret cases involving computer architecture, software design, semiconductor manufacturing, data analysis, and Internet telephony, among others. He also has litigated cutting-edge issues in the areas of copyright, trademark, and privacy law. His clients have included leading technology companies such as Genentech, Google, eBay, Facebook, Palantir Technologies, Taiwan Semiconductor Manufacturing Company (TSMC), and Yahoo! He also has represented technology startups and their founders.

Business Litigation
Mr. Berkowitz has helped numerous companies litigate and win their most challenging business and contract disputes, including shareholder and partnership disputes, antitrust, licensing, business fraud, professional liability, unfair competition, breach of fiduciary duty, breach of contract, and class action suits. He has represented leading companies in a variety of industries, including financial services, healthcare, and venture capital.

Government Investigations & Litigation
Mr. Berkowitz has helped companies and their senior executives successfully respond to, navigate, and prevail in a variety of government inquires. He has defended clients successfully in criminal investigations involving such allegations as price fixing, securities fraud, government contracting fraud, and money laundering.

Pro Bono & Community Involvement
Mr. Berkowitz maintains an active pro bono practice and dedicates his time to several community and non-profit organizations. He presently serves on the Board of Directors of the American Constitution Society (Bay Area Chapter), which works to promote the U.S. Constitutional values of individual rights and liberties, genuine equality, access to justice, democracy, and the rule of law. He previously served as Chair of the Advancement Committee for Asylum Access, an innovative San Francisco non-profit advocating for the human rights of refugees in Africa, Asia, and Latin America.

Mr. Berkowitz lives in Marin with his wife, children, and dog.

Ben Berkowitz litigates high-stakes business and intellectual property disputes on behalf of clients ranging from Fortune 100 companies to Silicon Valley startups. His practice focuses on helping clients in three core areas: intellectual property litigation, complex business disputes, and government investigations.

Mr. Berkowitz is an experienced litigator and an aggressive advocate who has won numerous civil and criminal cases, including as lead counsel in more than a half-dozen jury trials. He also has a track record of winning cases early in litigation and before trial though effective motion practice.

He handles cases in state and federal courts throughout the United States. He also provides counseling and advice on pre-litigation disputes that may enable successful resolution before litigation.

IP Litigation for Leading Technology Companies
Mr. Berkowitz has litigated patent and trade secret cases involving computer architecture, software design, semiconductor manufacturing, data analysis, and Internet telephony, among others. He also has litigated cutting-edge issues in the areas of copyright, trademark, and privacy law. His clients have included leading technology companies such as Genentech, Google, eBay, Facebook, Palantir Technologies, Taiwan Semiconductor Manufacturing Company (TSMC), and Yahoo! He also has represented technology startups and their founders.

Business Litigation
Mr. Berkowitz has helped numerous companies litigate and win their most challenging business and contract disputes, including shareholder and partnership disputes, antitrust, licensing, business fraud, professional liability, unfair competition, breach of fiduciary duty, breach of contract, and class action suits. He has represented leading companies in a variety of industries, including financial services, healthcare, and venture capital.

Government Investigations & Litigation
Mr. Berkowitz has helped companies and their senior executives successfully respond to, navigate, and prevail in a variety of government inquires. He has defended clients successfully in criminal investigations involving such allegations as price fixing, securities fraud, government contracting fraud, and money laundering.

Pro Bono & Community Involvement
Mr. Berkowitz maintains an active pro bono practice and dedicates his time to several community and non-profit organizations. He presently serves on the Board of Directors of the American Constitution Society (Bay Area Chapter), which works to promote the U.S. Constitutional values of individual rights and liberties, genuine equality, access to justice, democracy, and the rule of law. He previously served as Chair of the Advancement Committee for Asylum Access, an innovative San Francisco non-profit advocating for the human rights of refugees in Africa, Asia, and Latin America.

Mr. Berkowitz lives in Marin with his wife, children, and dog.

Litigating Over Trade Secrets

07/13/2016

Ben Berkowitz will give a presentation on trade secret litigation to the Marin County Bar Association. Read more

12th Annual Federal Boot Camp

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

Victories for Instacart, Qualcomm, and the San Diego County Water Authority Earn Recognition in the Recorder's Litigation Department of the Year Awards

02/26/2016

The awards recognize California litigation practices that delivered exceptional results on their clients' most critical and challenging matters. Read more

Susan Harriman and Ben Berkowitz Defeat Putative Class Action

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

Rachael Meny, Ben Berkowitz and Their Team Protect Instacart from a Putative Class Action

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

American Health Lawyers Association Fraud and Compliance Forum

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

How To Survive a Lawsuit

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

Keker & Van Nest Wins Summary Judgment for TSMC in Patent Dispute with Ziptronix

10/21/2014

Ziptronix had asserted nine patents and more than 500 claims over TSMC’s manufacturing of semiconductors. Read more

Keker & Van Nest and EFF Ask Judge to Rule NSA Internet "Backbone" Spying Techniques Unconstitutional

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

National Institute of Trial Advocacy

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

Federal Court Boot Camp Conference

06/05/2014

Ben Berkowitz will present at a one-day seminar on federal court practice. Read more

Restorative Justice and Our Communities: A Panel Discussion

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

Superior Court Boot Camp

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

Keker Team Won a $1 Billion Bet for McKesson

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

Keker & Van Nest Backs the Electronic Frontier Foundation's Challenge to NSA Surveillance

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

Keker & Van Nest Elevates Four Attorneys to Partner

01/07/2013

New partners all served on several significant trial teams, attended elite law schools, and completed prominent clerkships. Read more

Digital Sharing Gets More Protection from Ninth Circuit

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

Hot Topics in Copyright Law

10/04/2011

Ben Berkowitz discussed recent copyright decisions and the implications for public policy and private rights. Read more

Digital Property, Extraterritoriality, and the Evolution of the First Sale Doctrine

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

Digital Property, Extraterritoriality, and the Evolution of the First Sale Doctrine

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

  • 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