Ben Rothstein fiercely advocates for his clients. His diverse litigation practice includes trade secrets, securities fraud, legal malpractice, white-collar criminal defense, and other complex matters. Mr. Rothstein has represented a number of blue chip biotechnology, software, and telecommunications companies, including Genentech, 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 won a landmark verdict in a federal jury trial, where he represented an inmate at San Quentin State Prison who had been coerced into sexual acts by a prison staff member, and the jury awarded over $65,000 in compensatory and punitive damages.
A former professional white water raft guide, Mr. Rothstein continues to enjoy whitewater kayaking, backcountry skiing, and a number of other outdoor sports and activities.
SRS Acquiom, Inc. v. PNC Bank et al.
We represent software innovator SRS Acquiom, Inc. in a trade-secrets misappropriation case against PNC Bank and two former SRS employees, alleging that the employees improperly retained SRS confidential information and used it, with PNC, to unfairly compete against SRS for online M&A payments-and-escrow business. The case is awaiting a ruling on summary judgment and will then proceed to trial.
Genentech v. JHL Biotech
We represented Genentech as the victim of a massive trade secret theft by its former scientists and founders of JHL Biotech, which was developing biosimilar versions of Genentech’s cancer medicines. The Keker team reported the theft to the DOJ and FBI and cooperated with the government’s investigation, which led to the indictment, guilty pleas, and prison time for JHL’s founders and top executives. On the civil side, the team won a preliminary injunction forbidding JHL from commercializing its products. This broad injunction, which rested on a finding that Genentech had a likelihood of success on its trade secret misappropriation claims, led to a settlement with JHL, in which JHL agreed to abandon development of all four of its biosimilars of Genentech’s products, destroy all related cell lines, stipulate to a permanent injunction, fully cooperate with Genentech’s investigation, and reimburse Genentech for its legal fees.
People v. Individual
We represented a career employee of the City and County of San Francisco accused of four counts of bribery and one count of money laundering. Following a nine-day preliminary hearing in the Superior Court of San Francisco, we secured dismissal of four counts, and subsequently negotiated a deferred entry of judgment for our client resulting in complete dismissal of all charges.
Amgen v. Coherus BioSciences
We defended biosimilar maker Coherus Biosciences against trade secret litigation brought by Amgen over its chemotherapy drug Neulasta. Through our defense of Coherus in this litigation, Coherus was able to introduce a biosimilar drug to the market to provide much needed competition and price savings to patients.
Cordoba v. Pulido
We represented a prisoner who was the victim of a series of coerced sexual acts taking place in San Quentin State Prison in a civil rights case brought under 42 U.S.C. § 1983. Following a six-day federal jury trial, the jury returned a verdict in our client’s favor and awarded him $15,414 in compensatory damages and $50,000 in 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.
July 22, 2022
Circumstantial evidence of misappropriation won't cut it in the absence of specificity, he rules in life sciences SaaS case. It's a win for Keker, Van Nest & Peters. Read more
July 22, 2022
Two Keker, Van Nest & Peters teams were named among The Am Law Litigation Daily's Litigators of the Week Runners-Up for their back-to-back trial wins. Read more
July 18, 2022
Veeva Systems Inc on Friday persuaded a judge to throw out a lawsuit by pharmaceutical software rival Medidata Solutions Inc alleging it stole trade secrets worth hundreds of millions of dollars, representatives for the companies said. 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.
December 19, 2019
Keker, Van Nest & Peters is pleased to announce that the firm has elevated associates Nic Marais and Ben Rothstein to its partnership effective January 1, 2020. Read more
September 16, 2019
The issues at stake in the case illustrate the growing importance of trade secrets protection to life sciences companies and the IP professionals who serve them. Read more
September 09, 2019
Genentech reaches a settlement agreement with JHL Biotech, which sees the latter cease development of biosimilars to Genentech’s products. Read more
September 09, 2019
Taiwan’s JHL Biotech has agreed to stop developing copycat versions of four Genentech biologics as part of a deal to end high-stakes trade secrets litigation. Read more
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