Benjamin E. Horowitz

Partner
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Ben Horowitz is co-chair of Venable's Washington, DC/Virginia Litigation Group and serves as both a courtroom advocate and a trusted business advisor to his clients. Ben represents clients in disputes related to partnerships and limited liability companies, investment funds, business fraud matters and business break-ups, real estate development and construction, financial services, and various other contract issues and business torts. He has significant experience defending clients against a wide-ranging array of consumer protection suits, including in class and collective actions. Ben represents a broad spectrum of clients, ranging from publicly traded companies to individual investors, creditors, and business owners.

An experienced trial lawyer, Ben has litigated cases in state and federal courts and in arbitrations across the country. He has handled all aspects of trial practice, including giving opening statements and closing arguments, conducting direct and cross-examinations of lay and expert witnesses, and arguing countless motions in state and federal courts.

Ben also frequently acts as outside general counsel to clients, advising on risk management and dispute avoidance strategies. Clients rely on Ben to provide measured and thoughtful advice and, when necessary, to fiercely protect their rights.

Experience

Representative Matters

  • Won outright dismissal of all claims on behalf of a client facing a federal enforcement action seeking more than $1 billion in damages. Venable's motion for sanctions, based on government misconduct during discovery, was granted in whole by a federal judge, and the case against Venable's client was dismissed after a years-long litigation and discovery period. The decision won affirmance on appeal to the Eleventh Circuit
  • Secured summary judgment for a publicly traded company in a post-transaction securities fraud dispute arising from the acquisition of a minority ownership interest, defeating claims exceeding $100 million and prevailing on a contractual counterclaim entitling the client to recover its attorneys’ fees
  • Led the successful defense of a real estate developer in a breach of contract action in the U.S. District Court for the District of Maryland, obtaining summary judgment on all claims and a ruling entitling the client to recover attorneys’ fees
  • Argued and won summary judgment in favor of a secured lender in the U.S. District Court for the District of Columbia
  • Obtained a partial jury verdict in a dispute regarding the existence of a partnership after a five-week trial in the U.S. District Court for the District of Columbia
  • Defended a real estate developer in an arbitration against claims seeking more than $10 million for alleged violations of a state consumer protection statute. Presented the opening statement and the closing argument and performed examinations of lay and expert witnesses. Won a complete judgment on all claims
  • Successfully represented a group of limited partners in an arbitration against ouster by the general partner. The dispute was favorably settled mid-arbitration
  • Represented investors in litigation against the general partner of a private investment fund, resulting in the full recovery of the invested capital and attorneys’ fees
  • Defeated certification in a nationwide class action seeking remedies under the Telephone Consumer Protection Act and consumer protection statutes
  • Successfully quashed a federal agency's administrative subpoena in the U.S. District Court for the District of Columbia. The DC Circuit affirmed on appeal, which was the first time in decades that a federal appeals court struck down an administrative subpoena issued by the federal government

Insights

Credentials
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Education

  • J.D. magna cum laude American University, Washington College of Law 2012
    • Order of the Coif
    • Note & comment editor, American University Law Review
  • B.A. University of Maryland 2007

Bar Admissions

  • District of Columbia
  • Maryland

Court Admissions

  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Tax Court

Professional Memberships and Activities

  • Co-chair, Commercial Litigation DC/VA Practice Group
  • Member, U.S. District Court for the District of Columbia Civil Pro Bono Panel
  • Board member, Council for Court Excellence

Recognition
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  • The Best Lawyers in America, Ones to Watch, 2021 – 2025

Community
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Pro Bono

  • Maintains an active pro bono practice and has achieved favorable results for low-income individuals and nonprofits that serve DC's poorest populations
  • Achieved multiple six-figure settlements on behalf of two different pro bono clients in cases brought against a municipality under Section 1983 for excessive use of force and unlawful search and seizure
  • Serves as a member of the U.S. District Court for the District of Columbia Civil Pro Bono Panel