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.
Cordoba v. Pulido
We represented William Cordoba in a prison civil rights case brought pursuant to 42 U.S.C. § 1983. Mr. Cordoba was the victim of a series of coerced sexual acts taking place in San Quentin State Prison. Following a six-day federal jury trial, the jury returned a verdict in favor of Mr. Cordoba and awarded him $15,414 in compensatory damages and $50,000 in punitive damages. Rarely do inmate plaintiffs even get to trial on civil-rights cases, and rarer still do juries not only find in an inmate plaintiff’s favor but award significant punitive damages.
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.
February 05, 2018
On January 31, 2018, a federal jury returned a verdict in favor of William Cordoba who was the victim of a series of coerced sexual acts taking place in San Quentin State Prison. Read more
On behalf of T-Mobile, Keker & Van Nest defeated High Point SARL's multi-patent infringement case in New Jersey federal court. Read more
Rachael Meny and her team protected Netflix Inc. from claims made by a former executive, who believed the company blacklisted him from employment at Amazon. Read more