Partner
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Ben is a Partner in Wiggin and Dana’s Litigation Department and Chair of the firm’s Antitrust and Technology Disputes Practice Group. The Antitrust Group, under Ben’s leadership, was recognized as the Antitrust Department of the Year by the New England Legal Awards. An experienced litigator, Ben has devoted his practice to helping clients navigate a broad range of complex legal issues, including antitrust litigation and advising, intellectual property litigation and licensing, commercial litigation, securities litigation, regulatory matters and internal investigations. Ben assists clients with cutting edge technology issues, drawing on his undergraduate and masters degrees in computer science and engineering, and engineering experience working for a major Fortune 25 company. Ben has been actively litigating some of the largest and most impactful antitrust and technology cases in recent years. He currently represents clients in three separate and significant multi-party antitrust litigations involving technology platforms, generic drugs, and real estate brokerage rules. Ben was part of the core trial team representing Epic Games that secured a jury verdict against Google in federal court in California, a win which Global Competition Review awarded the firm “Litigation of the Year.” Ben was also part of the core trial team that won a first-of-its-kind permanent injunction against Apple. He was also part of the trial team that achieved a victory in the International Trade Commission and a favorable settlement for Qualcomm on the first day of trial in federal court. He currently also serves as lead counsel representing a large generic pharmaceutical company in the generics pricing MDL, and serves as lead counsel representing the interests of real estate brokerage firms in connection with the real estate brokerage antitrust litigation. Leading innovators have sought Ben’s expertise in connection with technology litigation and licensing matters concerning standard essential patents (SEPs) in a wide range of standardized technologies, including cellular communications (3G, 4G/LTE, 5G), video coding, WiFi, Bluetooth and other standardized technologies. Ben is the first author of a leading chapter, FRAND Licensing of Standard Essential Patents, in PATENTS AND STANDARDS: PRACTICE, POLICY, AND ENFORCEMENT (Bloomberg 2022), which is frequently cited favorably by courts and academics. Ben’s experience spans the entire lifecycle of antitrust trial litigation, including pre-litigation, pleadings, discovery, expert discovery, dispositive motions, trial and appeals. Ben routinely represents clients before the United States Department of Justice and the Federal Trade Commission, including in connection with proposed mergers and acquisitions, civil investigative demands, subpoenas and criminal investigations and plea negotiations. He has successfully represented clients before federal agencies in connection with proposed mergers in several areas. He also has experience working with the DOJ to successfully resolve alleged criminal bid-rigging and price-fixing by a corporate client. Ben also represents clients in connection with prospective corporate transactions. He works hand-in-hand with clients to assess antitrust considerations related to potential regulatory reporting and establish best practices for due diligence information flow (such as establishing and executing “clean team” protocols). He has substantial experience implementing and training on antitrust compliance policies. He also counsels clients concerning pricing matters, including reviewing, developing, and enforcing pricing strategies, minimum advertising price (“MAP”) policies, authorized reseller policies, so-called Colgate policies (i.e., unilateral resale price maintenance or “RPM” policies) and other vertical pricing policies. Ben has been recognized as a leading litigator. He received the award for New England Attorney of the Year, Finalist, in 2024, and for Connecticut Attorney of the Year, Finalist, in 2022. He was also recognized as a “Litigation Star” by Benchmark Litigation in 2021-2024. Before joining Wiggin and Dana, Ben practiced in New York at Cravath, Swaine & Moore LLP, where he represented multinational companies in complex litigation and regulatory matters. Ben received his J.D. magna cum laude from the University of Michigan Law School, where he was Articles Editor for the Michigan Law Review. Ben earned his M.S. and B.S. degrees in Computer Science & Engineering from the University of Michigan, where he studied Artificial Intelligence and Machine Learning, among other topics. Following graduation from law school, Ben clerked for Judge Ronald M. Gould of the U.S. Court of Appeals for the Ninth Circuit. Prior to attending law school, Ben worked as a software engineer for a startup company and at Ford Motor Company.