Creative Representation | Expert Litigation

Contact Information

Main: 415.956.1900

Direct: 415.291.4507

Fax: 415.956.1152

Email: briley@bzbm.com

LinkedIn: Benjamin K. Riley

vCard

Education

University of California, Berkeley, School of Law (Boalt Hall), J.D., 1983
(Associate Editor, California Law Review)

Dartmouth College, A.B. Cum Laude (History), 1979

Professional Affiliations

Bar Association of San Francisco

Litigation Counsel of America

Association of Business Trial Lawyers

American Bar Association

Bar Admissions

State Bar of California

Honors

Fellow, Litigation Counsel of America

California Lawyer of the Year

President, Northern California Chapter of the Association of Business Trial Lawyers

Editor, “ABTL Report”

Lawyer Representative to the Ninth Circuit selected by the judges of the Northern District of California

Master, McFetridge Inn of Court

One of 13 California attorneys selected for Who’s Who of Commercial Arbitration

Named as a “Super Lawyer” by Thomson Reuters

Publications

Trying a Trade Secret Case: A Road Map

Litigation Magazine, Vol. 43, No. 3 (Spring 2017), at 47

Catch the Conscience: Scripting a Winning Opening Statement

9 Litigation Commentary & Review (January/February 2017)

How Not to Regret Your Direct: Exploring the Human Story

Litigation, Vol. 41, No. 2 (Winter 2015), at 51

Secrets Service

Los Angeles Daily Journal (November 21, 2008)

Three Pitfalls for Trade Secret Plaintiffs

ABA Business Torts Journal, Vol. 15, No. 3 (Spring/Summer 2008)

Tips For A Successful Arbitration

ABTL Northern California Report, Vol. 14, No. 3 (Summer 2005)

Experience

Ben Riley is a Principal of the firm and serves on its Executive Committee. He has tried more than 25 cases to verdict including jury trials, court trials, and complex arbitrations. His practice focuses on Intellectual Property Litigation, including patents, trade secrets, copyrights, trademarks and license disputes. He also has an active practice in Business Litigation, including class action defense, defense of “consumer claims” under the Lanham Act and unfair competition statutes, accounting issues, and real property litigation.

Mr. Riley also represents companies in connection with director and officer, securities, fiduciary duty, and internal investigation issues, and obtained a defense verdict in a six-week securities class action jury trial. Finally, Mr. Riley represents private clients and charities in Trusts and Estates Litigation.

Mr. Riley has lectured and published extensively as to Intellectual Property, Business Litigation, and trial practice skills. He is an expert in commercial arbitration law and procedure and regularly handles important cases before the world’s leading arbitration forums. He also has an active practice as a Mediator for the Northern District of California and for private litigants.

Representative Cases

In Netlist v. Diablo, Mr. Riley represented plaintiff in the trial of trade secret, patent and trademark claims involving HyperCloud® LR-DIMM memory module technology.

In Wells Fargo v. ABD, Mr. Riley represented the defendants in a trademark case over his client’s business name, twice defeating Wells Fargo’s motions for preliminary injunction. 2014 WL 4312021.

In Geron v. ViaCyte, Mr. Riley successfully defended a Section 146 appeal of a patent interference action based on the PTO Board of Appeals’ finding of lack of enablement.

In Scicom v. Actuate, Mr. Riley prosecuted a copyright and breach of contract action concerning the misuse of database software.

In Impinj v. Synopsys, Mr. Riley represented the Claimant in a JAMS arbitration regarding the rights and restrictions under an Asset Purchase Agreement and the sale of non-volatile memory semiconductor technology.

Mr. Riley successfully defended Washington Mutual, JP Morgan and Raytheon in disputes over copyright and software license agreements concerning database software.

In Juarez et al. v. Jani-King, Mr. Riley defeated class certification in a matter involving the alleged violation of California wage and hour laws asserted against world’s largest janitorial franchise companies. An appeal of the matter is pending.

In Dr. Bronner’s Magic Soap v. Hain Celestial, et al., Mr. Riley obtained a dismissal of unfair competition and Lanham Act claims in favor of a cosmetic manufacturer accused of deceptively labeling products as “Organic.”

In Sun Microsystems v. Azul, Mr. Riley represented the plaintiff in connection with patent, trade secret, contract and interference claims brought against its former employees concerning JAVA-based software and hardware for parallel chip computing.

In Broadband Holdings v. Norwest, Mr. Riley obtained summary judgment for former directors and venture capital shareholders in a breach of fiduciary duty and fraud action.

In Forge v. National Semiconductor, Mr. Riley obtained a defense verdict for his client after a six-week class action jury trial alleging breach of fiduciary duty and Sections 11 and 12 securities law violations in connection with the manufacture of microprocessors.

In Soko Bukai v. YWCA, Mr. Riley successfully sued for breach of trust in connection with a historic building in San Francisco’s Japantown resulting in conveyance of the historic home of the Japanese YWCA to a community childcare organization.