Ben Berkowitz is widely recognized as one of the nation’s leading litigators. A trial and appellate lawyer, he regularly serves as lead counsel in matters of national significance and “bet-the-company” cases. He represents public companies, technology startups, founders, investors, and senior executives in state and federal courts and arbitrations across the United States. He is best known for his work in high-profile cases involving emerging technologies, data privacy, and complex business disputes.
Among other honors, Ben has been named one of America’s Top 250 Lawyers by Forbes and one of California’s Top 100 Lawyers by the Daily Journal, which described him as “a formidable trial and appellate lawyer” whose “courtroom victories have helped establish legal precedents that affect how courts interpret laws governing emerging technologies.” Clients turn to him for his strategic judgment, vigorous advocacy, and ability to craft persuasive themes that resonate in the courtroom.
Ben represents clients in complex civil and criminal litigation across a wide range of industries and technologies. His cases often involve billions of dollars in exposure or precedent-setting legal issues. His recent matters include defending Google in some of the largest internet and data-privacy cases ever brought in U.S. courts, defending Twitter in litigation arising from alleged foreign espionage by the Saudi government, and defending Instacart in its nationwide gig-economy litigation. He has also secured victories for clients in shareholder and partnership disputes, antitrust and unfair competition cases, complex contractual disputes, litigation involving artificial intelligence, and high-stakes intellectual property matters involving patents, trade secrets, copyrights, and trademarks. He has successfully defended companies and executives in criminal and government investigations involving allegations such as price-fixing, computer fraud, securities fraud, government-contracting fraud, and money laundering. As an appellate advocate, he has represented clients before the California Courts of Appeal, multiple federal appellate courts, and the U.S. Supreme Court.
In addition to his commercial practice, Ben is deeply committed to pro bono work. His cases on behalf of journalists, media, and privacy organizations have drawn national coverage in outlets including The New York Times and The Washington Post. He currently serves as President of the Board of Directors of Legal Aid of Marin. He has also taught for the National Institute for Trial Advocacy, served on the board of the American Constitution Society’s Bay Area Chapter, and sat on the Executive Committee of the Harvard Law School Alumni Association of Northern California.
Before entering private practice, Ben clerked for the Hon. Marjorie O. Rendell of the U.S. Court of Appeals for the Third Circuit. He graduated cum laude from Harvard Law School, where he was Executive Editor of the Harvard Civil Rights–Civil Liberties Law Review, earned his undergraduate degree summa cum laude and Phi Beta Kappa from the University of Pennsylvania, and spent a year at Oxford University studying philosophy, politics, and economics.
Cases of Note
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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…
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Freund v. Dialpad and Terrill v. Dialpad
We are defending Dialpad in state and federal court against putative class actions that seek to apply California’s wiretapping law to AI-powered call technology. In state court, we won a…
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McCoy v. Alphabet Inc. and Hammerling, et al. v. Google LLC
We represented 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…
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In re: Google Location History Litigation
We defended 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…
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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…
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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…
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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 Statute. The…
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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,…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
News
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Ben Berkowitz Discusses AI Pricing and Antitrust Risks with Bloomberg Law
Keker, Van Nest & Peters partner Ben Berkowitz spoke with Bloomberg Law about the antitrust questions raised by a proposed class action challenging McDonald’s use of an AI pricing tool across its franchise …
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Keker Team Receives Litigator of the Week Shout-Out for Defeating Claims Against Google
Keker, Van Nest & Peters received a Litigator of the Week Shout-Out from in Law.com’s Litigation Daily column for helping Google defeat claims targeting its AI-powered customer service technology. The recog…
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Keker Helps Google Defeat Eavesdropping Claims Over AI Customer Service Calls
Keker, Van Nest & Peters won a significant victory for Google in a proposed class action alleging that Google’s AI customer service tools recorded calls and used them to train AI models in violation of the Cali…
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Hims & Hers Says Privacy Policy, Disclosures Foil FTC Suit
Keker, Van Nest & Peters has asked a federal judge to dismiss a Federal Trade Commission suit against Hims & Hers Health Inc. arguing that the government ignored the company’s disclosures to manufacture…
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Supreme Court Justices Appear Wary Of Broad Reach For Video Privacy Law
Keker, Van Nest & Peters partner Ben Berkowitz said several U.S. Supreme Court justices are skeptical of extending the Video Privacy Protection Act beyond its original intent and applying a decades-old statute …
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Section 230 Shields Google from Crypto Scam App Claims
The Daily Journal and Law360 covered a federal court ruling dismissing a proposed class action against Google over an alleged cryptocurrency scam app downloaded from the Google Play Store.
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California Powerhouse: Keker, Van Nest & Peters
Keker Van Nest & Peters LLP partners helped Google and Netflix beat major patent litigation in the past year, while representing OpenAI and other tech companies in precedent-setting IP cases, and fostering a st…
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Keker Partners Named to Forbes 2026 America’s Top Lawyers List
For the second year in a row, Forbes has included Keker, Van Nest & Peters partners Ben Berkowitz, Elliot Peters, and Bob Van Nest in its annual list of America’s Top Lawyers. Forbes named Berkowitz among the t…
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17 Keker Partners Named Among Lawdragon’s Leading Litigators for 2027
Seventeen Keker, Van Nest & Peters lawyers have been named among Lawdragon’s 500 Leading Litigators in America for 2027. The annual guide recognizes lawyers’ exceptional work in handling disputes in areas inclu…
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Keker Secures Ninth Circuit Win for Google in Privacy Class Action
Keker, Van Nest & Peters secured an important appellate victory for Google when the U.S. Court of Appeals for the Ninth Circuit issued a published opinion affirming in full the district court’s approval of the …
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How 1960s Wiretap Laws Became AI’s De Facto Regulator
A California law written in 1967 to stop criminals from tapping telephone lines is now being invoked to sue companies for deploying widely used AI-enabled tools. In the absence of federal legislation, these law…
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Law360 Selects Ben Berkowitz for Cybersecurity & Privacy Editorial Board
Keker, Van Nest & Peters partner Ben Berkowitz has been selected to advise the Law360 Cybersecurity & Privacy Editorial Board for 2026. Law360’s boards feature leaders in their field who can provide insights t…
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S.F. Court Rejects Claims That Dialpad’s AI Enhancements Violate Wiretapping Law
In a first-of-its kind ruling, a California state court rejected a class action lawsuit against Dialpad, Inc., ruling that the company did not violate privacy or wiretapping laws by using artificial intelligenc…
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The US Supreme Court Case That Could Break the Internet
The decision’s consequences would be far-reaching, transforming copyright law into a liability trap that throttles internet access and threatens America’s innovation economy.
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Elliot Peters and Ben Berkowitz Featured in Daily Journal’s Top 100 Lawyers in California
Elliot Peters and Ben Berkowitz have been named among Daily Journal’s Top 100 Lawyers in California for 2025.
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Ben Berkowitz Named Among Daily Journal’s Top 100 Lawyers
Since joining Keker, Van Nest & Peters LLP in 2006 after clerking for Judge Marjorie Rendell on the 3rd Circuit, Ben Berkowitz has established himself as a formidable trial and appellate lawyer specializing in …
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Keker Partners Named Among Forbes America’s Top Lawyers for 2025
Forbes has named Keker, Van Nest & Peters partners Ben Berkowitz, Elliot Peters, and Bob Van Nest in its annual list of America’s Top Lawyers.
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Cy Pres Fight Resurfaces in $62M Google Privacy Case
A Ninth U.S. Circuit Court of Appeals panel heard oral arguments regarding whether a settlement with Alphabet Inc. should qualify for a $62 million cy pres settlement.
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Law360 Cybersecurity & Privacy Group Of The Year: Keker, Van Nest & Peters
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.
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KVP Partners Recognized in 2025 Lawdragon 500 Leading Litigators in America
The 2025 edition of Lawdragon’s 500 Leading Litigators in America featured 13 KVP partners.
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Google Escapes Revised ‘LockBox’ Privacy Dispute For Good
A California federal judge has permanently tossed a proposed class action accusing Google of using a secret program called “Android Lockbox” to unlawfully collect data from non-Google apps on Android devices, f…
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Keker, Van Nest & Peters CLE Workshop 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.
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Police to acknowledge press protections after disputed raid
A year after journalist Bryan Carmody’s home was unlawfully raided by San Francisco Police Department in violation of California Shield Laws, he has received a $369,000 payout from the City of San Francis…
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Keker, Van Nest & Peters Secures First Amendment Reforms to the San Francisco Police Department’s Warrant Process on Behalf of Journalist Bryan Carmody
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 …
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Keker’s $127 Million Win for Google Among the Top Verdicts of 2019
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 competi…
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Coinbase Slips Most Claims In Suit Over Bitcoin Cash Rollout
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 Calif…
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Adachi leak: Judge had evidence subject of police raid was journalist, records show
Unsealed warrant applications make clear that the SFPD knew Bryan Carmody was a journalist when they sought illegal warrants.
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First Amendment Fray in San Francisco
Two SF attorneys champion a freelance journalist whose home was raided after he refused to name a confidential source
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SF police got warrant to monitor journalist’s phone months before controversial raid
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 h…
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San Francisco Police Chief Apologizes for Raid of Journalist’s Home
Police Chief William Scott of San Francisco called the raid of a journalist’s home illegal and apologized for it.
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Keker, Van Nest & Peters Defends Journalist Bryan Carmody Against the San Francisco Police Department’s Assault on the First Amendment
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.
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Q&A: Why Keker’s Ben Berkowitz is Representing Journalist Bryan Carmody Pro Bono
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 poli…
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Judge refuses to dismiss lawsuit on California executions
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.
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Federal judge rules suit to force California to make all portions of executions public may proceed
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.
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Supreme Court Requires Warrant to Search Cellphone Location Records
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 war…
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News media sue over California’s new execution rules
The Los Angeles Times and other news media organizations sued over California’s new execution rules Wednesday, saying they would bar journalists from fully reporting on the lethal injection procedure. The…
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LA Times, other CA news media sue state to make entire execution process transparent, but critics say it will prevent executions
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 gu…
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Keker and the ACLU of Northern California Call on State to Allow Full Press Access to Executions
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…
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Victories for Instacart, Qualcomm, and the San Diego County Water Authority Earn Recognition in the Recorder’s Litigation Department of the Year Awards
The awards recognize California litigation practices that delivered exceptional results on their clients’ most critical and challenging matters.
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Susan Harriman and Ben Berkowitz Defeat Putative Class Action
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 app…
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Rachael Meny, Ben Berkowitz and Their Team Protect Instacart from a Putative Class Action
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.
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How To Survive a Lawsuit
While many suits against entrepreneurs can never be foreseen, you can take steps now to protect yourself when waters are calm.
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Keker & Van Nest Wins Summary Judgment for TSMC in Patent Dispute with Ziptronix
Ziptronix had asserted nine patents and more than 500 claims over TSMC’s manufacturing of semiconductors.
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Keker & Van Nest and EFF Ask Judge to Rule NSA Internet “Backbone” Spying Techniques Unconstitutional
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.
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Keker Team Won a $1 Billion Bet for McKesson
Jeff Chanin and David Silbert overcame tough odds and high financial stakes to prove their client was innocent of kickback charges.
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Keker & Van Nest Backs the Electronic Frontier Foundation’s Challenge to NSA Surveillance
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.
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Keker & Van Nest Elevates Four Attorneys to Partner
New partners all served on several significant trial teams, attended elite law schools, and completed prominent clerkships.
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Digital Sharing Gets More Protection from Ninth Circuit
Keker & Van Nest filed an amicus brief on behalf of eBay Inc., Facebook Inc., Google Inc., InterActiveCorp and Yahoo Inc.
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Digital Property, Extraterritoriality, and the Evolution of the First Sale Doctrine
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.
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Presentations & Publications
- “How 1960s Wiretap Laws Became AI’s De Facto Regulator,” The Recorder, May 2026
- “AI and the New Wave of Privacy & Cybersecurity Litigation,” Association of Corporate Counsel’s Privacy Summit, May 2026
- “AI and the New Wave of Privacy & Cybersecurity Litigation,” Keker, Van Nest & Peters CLE Annual Workshop, March 2026
- The US Supreme Court Case That Could Break the Internet, Law.com, 2025
- 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