Ben D. Whitwell is a seasoned litigator who represents companies, funds, and individuals in complex business litigation. Ben handles intellectual property infringement, trust and estate, defective products, breach of contract, class action, and community property disputes.
He has extensive experience defending manufacturers, distributors, retailers, and facilities against claims brought under 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 has tried numerous cases involving complex business issues for clients in a variety of industries, including venture capital, real estate, advertising and marketing, health and fitness, product delivery, and financial services. As an experienced business litigator, Ben focuses on using litigation to achieve client objectives quickly and efficiently.
- 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 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 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 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 major pharmaceutical manufacturer in an action regarding the use of Torodal; obtained voluntary dismissal of all claims
- Represented a major real estate development group in an action for specific performance and damages related to a parcel of commercial property.
- J.D.University of Southern California, Gould School of Law1988
- B.A.University of California at Los Angeles1985
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. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Eastern District of Michigan
Community : 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.
Rate : $$$