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Ben Au

Partner

Santa Monica

Ben is an exceptional tech litigator who represents companies, investors, and founders. From representing Fortune 50 tech giants to start-ups, Ben guides clients through their business-critical issues, including trade secrets disputes, breach of contract claims, founder and corporate control disputes, venture capital and portfolio company defense, and government investigations and enforcement actions.

Ben’s diverse practice focuses on disputes where an understanding of technology and business is essential. Ben’s civil litigation practice includes trade secret misappropriation, breach of contract, and funder / founder disputes, through arbitration and trial and on appeal. Ben also has extensive experience in government enforcement actions before the SEC and FTC, as well as federal criminal matters ranging from fraud to FCPA to export controls. He has also conducted numerous internal investigations on behalf of corporate clients. Clients praise Ben’s understanding of the tech ecosystem, responsiveness, and practical, solutions-oriented business judgment.

Ben is committed to impacting his community and maintains an active pro bono practice, including representation and collaboration with the ACLU, National Association of Criminal Defense Lawyers, Asian Americans Advancing Justice, Electronic Frontier Foundation, and Equality California, on issues ranging from religious freedom, school integration, reproductive rights, privacy from government surveillance, and the right for same-sex couples to marry.

Ben currently serves on the Board of Directors of 826LA, a non-profit organization providing literacy and writing programs for children in underserved areas of Los Angeles. Since 2018, Ben has served on the Board of Directors for the National Association of Criminal Defense Lawyers. He currently co-chairs its White-Collar Crime Committee and is the vice-chair of its Ninth Circuit Amicus Committee. Ben previously served on the Yale Law School Association Executive Committee, representing Northern and Southern California. The judges of the United States Court of Appeal for the Ninth Circuit appointed Ben to serve as an appellate lawyer representative to the court.

    • Lead counsel for cryptocurrency bridge in multiple disputes following a hack of $150M+ in digital assets. Recognized as Litigator of the Week for winning motion to dismiss of most claims.
    • Co-lead counsel for Walmart in a putative civil RICO class action.
    • Lead counsel for American Express in a malicious prosecution case related to criminal charges for credit card fraud.
    • Lead counsel for multiple top 10 largest tech companies in trade secrets, business tort, and contract disputes.
    • Lead counsel for multiple C-suite executives in SEC, FTC, and state AG enforcement actions on issues ranging from securities fraud, export controls, FCPA, data privacy breaches, and anti-trust.
    • Led an internal investigation for a major space industry company investigating potential fraud, waste, and abuse.
    • Led an internal investigation for one of nation’s largest healthcare providers regarding potential theft of intellectual property.
    • Lead counsel for former CEO of an electric car company in an enforcement action by the Securities and Exchange Commission.
    • Lead Counsel for leading electric car company in contract and supply chain disputes.
    • Co-lead Counsel for leading electric car battery technology company in trade secret dispute.
    • Lead counsel for major California cultural institution in an investigation by the California Department of Justice.
    • Lead counsel for clean energy company in an investigation by the Securities and Exchange Commission.