Benjamin Greenberg

Complex Corporate, Commercial, and Intellectual Property Litigation

• Defended bank against multi-million dollar claims of aiding and abetting fraud, negligent supervision, violations of the consumer protection act, and unjust enrichment arising out of an alleged Ponzi scheme. Obtained summary judgment dismissing all claims, which was affirmed on appeal.
• Represented LLC member in breach of contract action with former business partner relating to dissolution of retail business. Obtained jury verdict for full relief requested.
• Represented Yakama Nation fuel supplier in administrative appeals against California state taxing agency regarding over $100 million in fuel tax assessment and the Yakama Nation fuel supplier’s Treaty rights to be free from such taxation. Agency was ultimately convinced to withdraw all fuel tax assessments.
• Represented manufacturer in federal court litigation involving claims of breach of express and implied warranties, and fraudulent misrepresentation. Obtained favorable settlement.
• Represented broker-dealer in non-compete dispute arising from financial advisor departures and recruitment. Obtained favorable settlement.
• Defended dental supply company in federal court litigation against claims by competitor of trade secret misappropriation, tortious interference, and civil conspiracy relating to employees moving from competitor to dental supply company.
• Represented employer in claims against former employee for claims for violation of the Computer Fraud and Abuse Act and Defend Trade Secrets Act, as well breach of contract and conversion, associated with former employer improperly obtaining documents from employer’s systems following termination of employment. Successfully obtained stipulated permanent injunction.
• Represented general contractor and surety in dispute with subcontractor on state construction projects. Successfully obtained dismissal of lawsuit in favor of clients.
• Represented provider of education technology services in prosecuting claims for breach of contract, trade secret misappropriation, violation of Computer Fraud and Abuse Act, and breach of the duty of good faith and fair dealing. Obtained favorable settlement.
• Represented provider of professional certification and training programs against claims of breach of contract, copyright infringement, trade secret misappropriation, and trademark infringement in federal court proceedings. Obtained dismissal of all claims, which was affirmed on appeal by the Ninth Circuit.
• Represented employment matching services technology company in federal trademark infringement lawsuit.
• Represented security and intelligence services company in contract and trade secrets dispute with subcontractor.
• Represented Yakama Nation fuel supplier in federal court litigation with other fuel supplier regarding liability for millions of dollars in fuel taxes, and the Yakama Nation fuel supplier’s Treaty rights to be free from such taxation.
• Represented health and systems biology company in post-acquisition dispute with seller in Delaware Court of Chancery. Successfully obtained ruling from the Court compelling seller to arbitrate dispute.
• Represented former founder and executive in dispute with former company regarding indemnification rights for litigation and government investigations involving former company.
• Defended client operating nationwide network of skilled pet professionals and connecting clients through its online app against trade secrets claims relating to the app.

Trust and Estate Litigation

• Represented disinherited heir in bringing complex will contest over multi-million dollar estate involving property, assets, and important witnesses located in Europe. Successfully removed adverse personal representative and obtained favorable settlement.
• Representing estate in two parallel litigations regarding ownership over multiple properties and assets of the deceased; asserting claims of financial exploitation of a vulnerable adult and undue influence against former caretaker. 
• Represented potential heirs of multi-million dollar estate in TEDRA action asserting claims against purported sole beneficiary alleging invalidity of inheritance under interested witness statute and the Slayer or Financial Abuser Act. Obtained favorable settlement.
• Represented beneficiary of testamentary trust in TEDRA action involving claims for unpaid trust funds and breach of fiduciary duty by trustee. Obtained favorable settlement.
• Represented trustee of Post-Mortem Trust and Foundation in litigation regarding the legal status, formation, administration, and tax status of charitable foundation. Obtained favorable dispositive ruling and favorable settlement.
• Represented community foundation regarding various disputes concerning a scholarship program funded by an educational trust.
• Represented donor regarding various disputes surrounding donation to non-profit organization of valuable property in Italy.
• Represented creditors and beneficiaries of trust estate in obtaining payment of creditor claim and rightful distribution as beneficiary. Obtained favorable settlement.
• Represented heirs of multi-millions dollar estate in dispute with other family members regarding equitable division of estate. Obtained favorable settlement.

Real Property Disputes and Matters

• Represented LLC managing member against claims of breach of fiduciary duty, fraud, accounting, and unjust enrichment brought by business partner of commercial real estate company. Obtained dismissal of all claims on summary judgment.
• Represented seller of commercial property in dispute with buyer regarding claims of breach of duty of good faith and fair dealing and vicarious liability associated with sale of the property. Obtained favorable settlement.
• Represented owner of wireless telecommunications tower in dispute with tax monitoring service company regarding breach of contract claims for failure to monitor payment of property taxes on parcel where tower was located, leading to tax foreclosure sale. Obtained favorable settlement.
• Represented commercial landlord in litigation with tenant regarding issues presented by COVID-19 pandemic.
• Represented owner of wireless telecommunications tower in dispute with property owner regarding obtaining access to tower site. Obtained favorable settlement. 
• Represented Liquidating Director of dissolved non-profit in sale of commercial property in University District in Seattle.
• Represented ground lessee of commercial shopping center in rent negotiations with ground lessor.

Government Procurement and Internal Investigations

• Represented DOE government contractor in federal court litigation relating to dispute with former cyber security subcontractor over subcontract termination. Obtained decision denying subcontractor request for temporary restraining order to prevent termination of contract.
• Represented government contractor to bring litigation challenging procurement decision of State of Oregon, Department of Administrative Services for multi-million dollar contract. Litigation successfully resulted in the government taking corrective action.  
• Represented collection agency in two bid protests against local municipalities for collection services contracts. Both municipalities took corrective action as a result of bid protests.
• Represented federal government contractor in filing bid protest with the Government Accountability Office for exclusion from the competitive range of Design-Build Contract for training range facilities. Agency took corrective action as a result of bid protest.
• Represented federal government contractors in size appeals before the U.S. Small Business Administration Office of Hearing and Appeals.
• Participated in internal investigations of suspected violations of the Truth in Negotiations Act, Anti-Kickback Act, and Foreign Corrupt Practices Act.

National Security Disputes

• Represented location-based services and big data processing technology company based in China in federal litigation against the U.S. Department of Defense and other government actors, based upon claims that the government’s designation of the company as a Communist Chinese military company, and prohibiting U.S. persons from trading the company’s securities and derivatives of those securities are ultra vires, and violate the Administrative Procedure Act and the Fifth Amendment. Obtained preliminary injunction enjoining the government from enforcing and implementing the designation of the company as a Communist Chinese military company, and the resulting restrictions on transactions in, and possession of, the company’s securities or derivatives of those securities.
• Represented client in responding to investigation of The Committee on Foreign Investments in the United States (CFIUS).

Public Records Disputes

• Represented exclusive distributor of proprietary psychological testing materials in litigation to prevent disclosure of testing materials in response to public records request. Obtained temporary restraining order and preliminary injunction prohibiting release of subject records.
• Represented Yakama Nation fuel supplier in litigation and appeal relating to fuel supplier’s public records request to California agency. Obtained favorable ruling by trial court that agency must release substantial portion of requested records and an award of substantial attorney’s fees.