Bar Admissions

  • California

Court Admissions

  • U.S. District Court for the Central District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Eastern District of Michigan

Education

  • J.D., University of Southern California, Gould School of Law, 1988
    Member, University of Southern California Law Review

    Order of the Coif
  • B.A., University of California at Los Angeles, 1985
T +1 310.229.9934
F +1 310.229.9901
 

Ben D. Whitwell

Partner

Ben Whitwell is a seasoned business litigation attorney with extensive trial experience.  Ben has handled complex business trials for clients such as the directors of a venture capital group specializing in investments in high-tech companies, a real estate fund, a major infomercial producer, an abdominal exercise equipment manufacturer, a major flower delivery service, a major financial services company and others.

Ben also has extensive experience with the California Safe Drinking Water and Toxic Enforcement Act ("Prop 65"). He frequently represents manufacturers, distributors, retailers, and facilities in defending against Prop 65 claims.

Ben is known as a business litigator who brings both extensive trial experience and dispute resolution skills that allow him to help his clients achieve the best possible results in their business disputes.  As a business litigator, Ben focuses on using litigation to quickly and efficiently achieve his clients' goals.

Significant Matters

  • Represented former directors of a California investment company in state court, complex division. Three-month jury trial in which the former directors were alleged to have breached their fiduciary duties in connection with investments and executive compensation. Obtained complete defense verdict on behalf of the former directors.
  • Represented audio visual equipment manufacture in bench trial regarding responsibility for defective product. Decision pending.
  • Represented estate of a famous stunt man in a bench trial alleging community property claims. Obtained defense judgment in favor of estate.
  • Represented defendant direct marketing company in an arbitration alleging breach of contract claims by an infomercial director. Obtained defense judgment in favor of defendant direct marketing company.
  • Represented plaintiff investment company and its sole shareholder in California state court bench trial concerning interpretation of a stock option agreement. Obtained judgment in favor of plaintiff. Successfully defended judgment on appeal.
  • Represented major investor in high tech advertising platform in an action alleging breach of fiduciary duty and securities fraud. Obtained judgment in favor of plaintiff following a two week bench trial.
  • Represented founders of automobile accessories company in a three-week arbitration arising out of their sale of the company. Obtained decision in favor of founders on fraud claims.
  • Represented national flower delivery company as plaintiff in California state court bench trial alleging copyright infringement and breach of software license claims. Obtained judgment in favor of plaintiff.
  • Represented insurance company in six-week arbitration in which our client alleged fraud claims against the founder of a credit card debt acquisition company. Matter settled on the morning that the parties were to deliver closing arguments.
  • Represented two defendant direct marketing companies in a bench trial involving breach of contract claims. Obtained defense verdict for one defendant. Case settled favorably while on appeal.
  • Represented spa cover equipment manufacturer in patent trial alleging fraud on the patent office.
  • Represented founder of grocery receipt advertising company in an arbitration involving the sale of the company.
  • Represented defendant commercial real estate investment-company in an arbitration alleging breach of a broker's agreement for the sale of a large office building.
  • Represented defendant direct marketing company in federal court bench trial alleging copyright infringement and breach of contract claims. This was an admitted liability case in which defendant obtained a very favorable damages ruling. Successfully defended damages ruling in Ninth Circuit Appeal.
  • Represented founding partners of an accounting firm in two-week arbitration against terminated partner. Obtained arbitration decision in favor of founding partners.
  • Represented insurance company in administrative law trial alleging excessive insurance rates under Proposition 103.
  • Represented medical device manufacture in coordinated tort and class action proceeding concerning contact lens cleaning solution disinfection properties.
  • Represented major pharmaceutical manufacture in action regarding use of Torodal. Obtained voluntary dismissal of all claims.
  • Represented a venture capital investment partnership in an action filed by a trust beneficiary. The trust beneficiary contends that her trust fund was looted by her father with the assistance of her mother and siblings.
  • Represented a major real estate development group in an action for specific performance and damages relating to a parcel of commercial property.

Activities

Ben is an active supporter of several charitable organizations. Ben provides pro bono legal services to a non-profit organization which has provided counseling, education and service coordination to Los Angeles County residents for more than 80 years.