Ben Foster
Partner
Ben’s litigation practice is founded on excellent trial advocacy skills and an unusual ability to communicate clearly and candidly with clients, courts and juries. He has resolved numerous disputes for scientists, engineers, entrepreneurs, executives and small businesses in a wide range of industries.
Ben has personally handled dozens of temporary restraining orders and temporary/preliminary injunctions involving trade secrets or non-competes in Texas and around the country. Oftentimes a company has made serious allegations against a former or current employee, who then seeks Ben’s advice. Ben believes in an aggressive and efficient defense of these cases, with the client’s ultimate ability to keep working as the primary goal. In one instance, Ben took over the defense of an executive being accused of breaching his duties to his former employer. Within two weeks of being hired by the executive, Ben resolved disputes in multiple jurisdictions between the two, and the executive was allowed to continue operating all of his businesses.
Ben also has extensive experience guiding companies through investigations into a departing or departed employee’s conduct, especially where the employee leaves to join a competitor. He provides pragmatic advice about the likelihood of success of such claims given a business’s individual circumstances. In one example, Ben was hired by a construction company to evaluate the circumstances surrounding the departure of two senior executives. Ben spearheaded the internal investigation, and after a three day hearing both individuals were completely barred from working in construction for the duration of their non-competes.
Ben’s broad experience in employment matters includes most kinds of disputes that arise between an employee and employer, from disputes about what an employee contract means to wrongful termination cases. For example, Ben led the defense of a former CTO of a tech startup in Houston who was accused of breaching his fiduciary duties after having left the company. After Ben took several targeted depositions, and indicated that he would be filing an early summary judgment motion, all claims against Ben’s client were voluntarily dismissed.
Ben has also handled numerous complicated trade secret, copyright, and patent cases in courts around the country, including in Delaware, New York, Texas and Silicon Valley. Ben especially enjoys helping software companies resolve their patent, copyright, and software licensing disputes, as it gives him a chance to use his technical background.
Patent disputes can be intimidating for small and large companies alike. Ben has handled both the details and big picture strategy in patent cases for both private and publicly traded companies. He is familiar with all aspects of a patent case, and has drafted infringement contentions, taken key expert depositions and argued Markman and summary judgment hearings. Ben’s experience in intellectual property litigation is not limited to the Federal District Court level. Ben recently argued an appeal before the Court of Appeals for the Federal Circuit in Data Engine Technologies LLC v. Google, 2017-113. In that case, Ben argued cutting edge questions of patent eligibility under 35 U.S.C. §101.
Prior to starting his own firm, Ben worked at Ahmad Zavitsanos, Anaipakos, Alavi, and Mensing (“AZA”) for seven years. While at AZA Ben gained significant trial experience with some of the best trial lawyers in the City. At AZA Ben played a key role at trial in the defense of two eight figure commercial claims. In both cases, the Defendants walked away not owing a penny.
Prior to moving to Houston in 2011, Ben litigated federal white-collar criminal cases involving commodities fraud, mortgage fraud, bank fraud and the Foreign Corrupt Practices Act representing a wide range of criminal defendants in state and federal court at the Chicago law firm of Durkin & Roberts. At Durkin & Roberts, Ben helped try a commodities fraud bench trial and worked on the ensuing appeal, which resulted in a new trial for the accused. Ben also represented clients in Guantanamo-detainee habeas litigation and several other national security and terrorism cases.
Ben’s practical experience is backed by an excellent legal education. Ben is a University of Chicago Law School graduate who worked with Judge Richard A. Posner and Professor William Landes for two years, doing legal research and writing software to gather data for their empirical papers. While in law school, he served as the 2009 articles editor for The Chicago Journal of International Law and won the Thomas R. Mulroy Prize for Excellence in Appellate Advocacy.
Ben’s interest in intellectual property disputes is founded in his technical background. Ben earned a B.S. in computational mathematics, a hybrid computer science and mathematics degree, from the Rochester Institute of Technology. He has a deep interest in cyberlaw policy and brings a deep understanding of computer software and computer technology to all of his cases. Ben is admitted to practice in Texas and Illinois as well as a number of federal district and appellate courts around the country.