Benedict Y. Hur

Partner

San Francisco
Willkie Farr & Gallagher LLP
One Front Street
San Francisco, CA 94111
T 415 858 7401
F 415 858 7599
bhurwillkie.com

Ben Hur is a partner in the Litigation Department and Managing Partner of the San Francisco office. Ben litigates complex commercial and privacy cases for technology companies of all sizes, including some of the biggest in the world. He has tried over half a dozen cases as first chair, and handled numerous criminal and civil cases in state and federal courts across the country. He has recently served as lead counsel in two federal court summary judgment victories on behalf of technology companies and in a trial victory on behalf of a public entity. He has also recently prevailed on appeals in the California Court of Appeal, the U.S. Court of Appeals for the 6th Circuit and the Fifth District Court of Appeals (Texas).

Ben has deep and wide-ranging experience litigating commercial disputes of many kinds: including privacy, unfair competition, copyright, trade secret, breach of contract and commercial disparagement. Ben also serves as lead trial counsel for companies in high-stakes consumer, right of publicity and privacy class actions. He is a certified privacy professional through the International Association of Privacy Professionals.

In addition to resolving complex commercial disputes and class actions, Ben has experience handling matters brought by the Securities and Exchange Commission, the U.S. Department of Justice and the Attorneys General of various states.

Ben Hur is a partner in the Litigation Department and Managing Partner of the San Francisco office. Ben litigates complex commercial and privacy cases for technology companies of all sizes, including some of the biggest in the world. He has tried over half a dozen cases as first chair, and handled numerous criminal and civil cases in state and federal courts across the country. He has recently served as lead counsel in two federal court summary judgment victories on behalf of technology companies and in a trial victory on behalf of a public entity. He has also recently prevailed on appeals in the California Court of Appeal, the U.S. Court of Appeals for the 6th Circuit and the Fifth District Court of Appeals (Texas).

Ben has deep and wide-ranging experience litigating commercial disputes of many kinds: including privacy, unfair competition, copyright, trade secret, breach of contract and commercial disparagement. Ben also serves as lead trial counsel for companies in high-stakes consumer, right of publicity and privacy class actions. He is a certified privacy professional through the International Association of Privacy Professionals.

In addition to resolving complex commercial disputes and class actions, Ben has experience handling matters brought by the Securities and Exchange Commission, the U.S. Department of Justice and the Attorneys General of various states.

Selected Significant Matters

Cases of Note*

  • Fowler, et al. v. City of Lafayette, et al.
    Defended writ of mandamus and constitutional claims brought against the City of Lafayette relating to alleged Brown Act violations by the City Council. Won a trial victory on all claims.
  • Company Representative v. Microchip Company
    Defended a federal court action accusing the client of conspiring with the former CEO of one of its customers to sell sensitive, space-grade microchips illegally to China. The plaintiff brought claims for civil conspiracy, breach of fiduciary duty and negligence. Won summary judgment on all claims.
  • Investors v. Mobile Gaming Company
    Defended a mobile gaming company and its founders in a dispute with former investors who complained that they were denied their equity stake in the company. The plaintiffs brought claims for breach of contract, fraudulent concealment, conversion, libel, intentional interference with contract and breach of the covenant of good faith and fair dealing. On the eve of trial, obtained summary judgment on all claims.
  • NVIDIA Corporation v. Qualcomm Inc.
    Represented Qualcomm in an ITC investigation in which Nvidia asserted infringement of seven patents that purportedly cover graphics processing units (GPUs). The International Trade Commission declined to review the ALJ’s initial determination of no violation of section 337, resulting in a complete victory for Qualcomm in the ITC. Nvidia filed and then dismissed an appeal to the Federal Circuit, cementing the win for Qualcomm.
  • Class Action Plaintiff v. Internet of Things Company
    Represented an internet of things company in national consumer class action litigation in the Northern District of California. After convincing the judge that a national class was unlikely to be certified, the plaintiff re-filed limited state law claims in an out-of-state jurisdiction that led to a favorable settlement.
  • Plaintiffs v. Company Co-Founders
    Represented the founders of a solar panel company in an action brought by shareholders alleging fraud, breach of contract, negligent misrepresentation, breach of fiduciary duty and intentional interference relating to the demise of the company during the economic crisis. Won a series of three demurrers—the last of which was sustained without leave to amend—providing a complete victory for the clients.
  • Investor v. Company Founder
    Represented a founder of a solar panel company in an action brought by an investor alleging that the founder misrepresented how the company would use the investment. After conducting limited discovery, the matter was settled on favorable terms.
  • Technology Company v. Internet Search Engine
    Defended a leading Internet search engine in a high-stakes binding arbitration. The founders of a company acquired by the client alleged that the client breached the merger agreement, and sought hundreds of millions in earn-out compensation. A three-judge panel found in favor of the client on all counts.
  • AUL Corporation v. Executives
    Represented three individuals in a breach of contract and California corporations code action relating to terms of an investment contract. Settled the case favorably for client before going to trial.
  • Individual v. Mobile Gaming Company
    The founders of a mobile gaming company were embroiled in an internal dispute over an alleged breach of fiduciary duty. Devised a successful resolution on behalf of the company.
  • Developer v. Social Gaming Company
    In this breach of contract action, client sued a social gaming company over the development rights of a prominent Facebook game. Secured substantially better contract terms than the developer had originally negotiated.
  • Class Action Plaintiff v. Social Gaming Company
    Defended a social gaming company from a putative class action over the value of virtual currency and its terms of use. The plaintiffs dismissed the case after successfully moved to arbitrate all claims.
  • Broadcom Corporation v. Telecommunications Company
    In a landmark patent case before the International Trade Commission (ITC), represented Broadcom, a leading semiconductor company, against a telecommunications company, various wireless network providers, and handset manufacturers. After a trial and the first live hearing before the full commission in 20 years, obtained an order from the ITC preventing the infringing chips from being imported into the U.S.
  • Wyeth v. Impax Laboratories, Inc.
    Asked by Impax Laboratories, Inc. to take over this patent case midway through the discovery process. Completed discovery, handled all of the depositions, and achieved a very favorable result for the client.
  • United States v. Michael Shanahan Jr.
    In a criminal options backdating case, secured a dismissal before trial for Michael Shanahan Jr., who served on Engineered Support Systems Inc.'s board of directors and was a member of the company's compensation committee. Also represented him in a parallel options backdating action brought by the Securities and Exchange Commission. After eight days of trial testimony, a federal judge in Missouri granted motion for judgment as a matter of law.

Intellectual Property*

  • NVIDIA Corporation v. Qualcomm Inc.
    Represented Qualcomm in an ITC investigation in which Nvidia asserted infringement of seven patents that purportedly cover graphics processing units (GPUs). The International Trade Commission declined to review the ALJ’s initial determination of no violation of section 337, resulting in a complete victory for Qualcomm in the ITC. Nvidia filed and then dismissed an appeal to the Federal Circuit, cementing the win for Qualcomm.
  • Broadcom Corporation v. Telecommunications Company
    In a landmark patent case before the International Trade Commission (ITC), represented Broadcom, a leading semiconductor company, against a telecommunications company, various wireless network providers, and handset manufacturers. After a trial and the first live hearing before the full commission in 20 years, obtained an order from the ITC preventing the infringing chips from being imported into the U.S.
  • Wyeth v. Impax Laboratories, Inc.
    Asked by Impax Laboratories, Inc. to take over this patent case midway through the discovery process. Completed discovery, handled all of the depositions, and achieved a very favorable result for the client.

Class Actions*

  • Class Action Plaintiff v. Internet of Things Company
    Represented an internet of things company in national consumer class action litigation in the Northern District of California. After convincing the judge that a national class was unlikely to be certified, the plaintiff re-filed limited state law claims in an out-of-state jurisdiction that led to a favorable settlement.
  • Class Action Plaintiff v. Social Gaming Company
    Defended a social gaming company from a putative class action over the value of virtual currency and its terms of use. The plaintiffs dismissed the case after successfully moved to arbitrate all claims.
  • Class Action Plaintiffs v. Auditing Firms
    Represented an audit firm in a purported class action brought by investors who blamed the auditors for failing to detect misconduct by investment firms. Prevailed in defeating class certification and the matter was resolved without any payment by the client.

General Civil Litigation*

  • Technology Company v. Internet Search Engine
    Defended a leading Internet search engine in a high-stakes binding arbitration. The founders of a company acquired by the client alleged that the client breached the merger agreement, and sought hundreds of millions in earn-out compensation. A three-judge panel found in favor of the client on all counts.
  • AUL Corporation v. Executives
    Represented three individuals in a breach of contract and California corporations code action relating to terms of an investment contract. Settled the case favorably for client before going to trial.
  • Plaintiffs v. Company Co-Founders
    Represented the founders of a solar panel company in an action brought by shareholders alleging fraud, breach of contract, negligent misrepresentation, breach of fiduciary duty and intentional interference relating to the demise of the company during the economic crisis. Won a series of three demurrers—the last of which was sustained without leave to amend—providing a complete victory for the clients.
  • Individual v. Mobile Gaming Company
    The founders of a mobile gaming company were embroiled in an internal dispute over an alleged breach of fiduciary duty. Devised a successful resolution on behalf of the company.
  • Developer v. Social Gaming Company
    In this breach of contract action, client sued a social gaming company over the development rights of a prominent Facebook game. Secured substantially better contract terms than the developer had originally negotiated.
  • Fowler, et al. v. City of Lafayette, et al.
    Defended writ of mandamus and constitutional claims brought against the City of Lafayette relating to alleged Brown Act violations by the City Council. Won a trial victory on all claims.
  • Company Representative v. Microchip Company
    Defended a federal court action accusing the client of conspiring with the former CEO of one of its customers to sell sensitive, space-grade microchips illegally to China. The plaintiff brought claims for civil conspiracy, breach of fiduciary duty and negligence. Won summary judgment on all claims.
  • Investors v. Mobile Gaming Company
    Defended a mobile gaming company and its founders in a dispute with former investors who complained that they were denied their equity stake in the company. The plaintiffs brought claims for breach of contract, fraudulent concealment, conversion, libel, intentional interference with contract and breach of the covenant of good faith and fair dealing. On the eve of trial, obtained summary judgment on all claims.

White Collar Criminal and Securities*

  • Individual v. Technology Company
    Represented a semiconductor chip company in an alleged SEC whistle-blower action. After discovery and investigation revealed significant defects in Plaintiff’s claims, the matter resolved favorably at mediation.
  • Shareholder v. Foreign Company
    Represented an executive in a shareholder class action relating to allegedly fraudulent revenue disclosures. After the company defeated class certification, the matter resolved favorably.
  • Shareholder v. Technology Company
    Represented an executive in securities class action alleging failure to account for stock option expenses, improper recognition of revenue and related misrepresentations. Also represented executives in parallel investigations. The matters resolved favorably.
  • Department of Justice v. Company
    Represent a company's President and Chief Executive Officer in an antitrust investigation relating to alleged price-fixing among long-standing competitors.
  • United States v. Michael Shanahan Jr.
    In a criminal options backdating case, secured a dismissal before trial for Michael Shanahan Jr., who served on Engineered Support Systems Inc.'s board of directors and was a member of the company's compensation committee. Also represented him in a parallel options backdating action brought by the Securities and Exchange Commission. After eight days of trial testimony, a federal judge in Missouri granted motion for judgment as a matter of law.
  • Plaintiffs v. Company Co-Founders
    Represented the founders of a solar panel company in an action brought by shareholders alleging fraud, breach of contract, negligent misrepresentation, breach of fiduciary duty and intentional interference relating to the demise of the company during the economic crisis. Won a series of three demurrers—the last of which was sustained without leave to amend—providing a complete victory for the clients.
  • Investor v. Company Founder
    Represented a founder of a solar panel company in an action brought by an investor alleging that the founder misrepresented how the company would use the investment. After conducting limited discovery, the matter was settled on favorable terms.

* Ben advised on these matters prior to joining Willkie.

Prior Experience

Prior to joining Willkie in 2019, Ben was a partner at Keker, Van Nest & Peters.

Selected Publications and Lectures

  • "Basic Training Civil Procedure Before Trial," The Rutter Group, 2016 & 2017
  • "Planning for E-Discovery: Federal courts in California Have Developed New Rules and Guidelines," California Lawyer, 2014, co-author
  • "3 E-discovery Trends You Can't Afford to Ignore," Corporate Counsel, 2014, co-author
  • "Defeating Mobile Game Clones: Why Copyright Protection is Not Enough," VentureBeat, 2013, co-author
  • "When Clones Attack: How to Protect Social/Mobile Games from Copying," Intellectual Property Today, 2012, co-author
  • "How to Protect Your Games from Clones," Games Industry International, 2012
  • "Three Ways Game Developers Can Avoid Cloning," TechRepublic, 2012
  • "For Social Gaming Companies, Protecting Innovation from Litigation is Key," Daily Journal, 2011
  • “Anything You Don't Say Can and Will Be Used Against You: Adverse Inferences from Invoking the Right to Remain Silent in DOJ/SEC Parallel Proceedings,” Securities Litigation & Enforcement Institute, 2010

Recognition, Honors & Awards

  • Northern California Super Lawyers: 2013 – 2020
  • Super Lawyers Rising Star, 2011 - 2012
  • Coro Fellow in Public Affairs

Recognition, Honors & Awards

  • Northern California Super Lawyers: 2013 – 2020
  • Super Lawyers Rising Star, 2011 - 2012
  • Coro Fellow in Public Affairs
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