Ben D. Whitwell

Ben Whitwell is a seasoned business litigation attorney with extensive trial experience. Mr. Whitwell 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.

Mr. Whitwell 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, Mr. Whitwell focuses on using litigation to quickly and efficiently achieve his clients' goals.

Significant Matters

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.
Represented major pharmaceutical manufacture in coordinated proceeding regarding use of Fosamax.
Represented estate in California probate court bench trial in which petitioner was claiming a community property share of estate. Obtained judgment in favor of estate.
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 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 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 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 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.
Represents 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
Mr. Whitwell is an active supporter of several charitable organizations. Mr. Whitwell 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.

Good to know

Areas of Practice 1) Class Action Defense, 2) Commercial Litigation, 3) Litigation and 4) California Law - Consumer Protection Statutes
Law School The University of Southern California Law School (J.D., 1988)
Education University of California at Los Angeles (B.A., 1985)
Bar Member / Association California State Bar Association
Most recent firm Venable LLP
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