Ben D. Whitwell

Representative 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 fiduciary duties regarding investments and executive compensation; obtained complete defense verdict on behalf of the former directors
• Represented an audio/visual equipment manufacturer in a bench trial regarding responsibility for defective product; decision is pending
• Represented defendant estate of a famous stunt man against community property claims; obtained a defense judgment following a bench trial
• Represented defendant direct marketing company against an infomercial director alleging breach of contract; obtained defense decision in arbitration
• Represented plaintiff investment company and its sole shareholder in a California state court bench trial concerning interpretation of a stock option agreement; obtained judgment in favor of plaintiff, at trial and on appeal
• Represented a major investor in a 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 the founders of an automobile accessories company, in a three-week arbitration arising out of their sale of the company; obtained a decision in favor of the client on fraud claims
• Represented a national flower delivery company as plaintiff against copyright infringement and breach of software license claims; obtained judgment in favor of plaintiff, following a California state court bench trial
• Represented an insurance company in six-week arbitration proceedings, in which the client brought fraud claims against the founder of a credit card debt acquisition company; the matter settled on the morning that the parties were to deliver closing arguments
• Represented two defendant direct marketing companies  against breach of contract claims; following a bench trial, obtained a defense verdict for one defendant; the case settled favorably while on appeal
• Represented a spa cover equipment manufacturer in a patent trial, against allegations of fraud on the patent office
• Represented the founder of a grocery receipt advertising company in an arbitration involving the sale of the company
• Represented a defendant commercial real estate investment company in an arbitration concerning allegations of breach of a broker's agreement for the sale of a large office building
• Represented a defendant direct marketing company, in federal court bench trial, against copyright infringement and breach of contract claims; an admitted liability case in which the defendant obtained a favorable damages ruling; defended the damages ruling in the Ninth Circuit Appeals Court and received a ruling in favor of the defense
• Represented the founding partners of an accounting firm, in two-week arbitration against a terminated partner; obtained arbitration decision in favor of the founding partners
• Represented an insurance company in an administrative law trial, against allegations of excessive insurance rates under Proposition 103
• Represented a medical device manufacturer in a coordinated tort and class action proceeding concerning contact lens cleaning solution disinfection properties
• Represented a major pharmaceutical manufacturer in an action regarding the use of Torodal; obtained voluntary dismissal of all claims
• Represented a venture capital investment partnership in an action filed by a trust beneficiary; 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 related to a parcel of commercial property

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

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

• Martindale-Hubbell, AV® Peer Review Rated

Pro Bono

• Provides ongoing legal services to a nonprofit organization that has provided counseling, education, and service coordination to Los Angeles County residents for more than 80 years