BENJAMIN BEATON is a litigator in the Washington, D.C. office. He represents individuals and corporations in appeals, civil litigation, criminal matters and federal regulatory proceedings. At every level of the federal and state courts, Ben has handled cases involving tough questions of constitutional, statutory and administrative law. He has experience in all aspects of pre-trial and post-trial activity, including discovery, motion practice, settlement negotiations and appeals.
Ben’s recent trial-level experience includes several significant civil and administrative litigation matters:
- In re SIFMA (Securities and Exchange Commission) – representing the Securities Industry and Financial Markets Association at a week-long adversarial hearing before the SEC’s Chief ALJ, in a challenge to an SEC rule concerning fees charged by stock exchanges for market data.
- In re NII Securities Litigation (E.D. Va.) – representing officers in putative securities fraud class action.
- Anthony Williams et al. v. Duke Energy (S.D. Ohio) – representing Duke Energy in a class action arising out of the deregulation of Ohio electricity rates in the late 1990s.
- Crawley v. Clear Channel Outdoor, Inc. (M.D. Fla.) – represented defendant in putative state-law class action arising out of the advertizing of tribal gambling in Florida.
- Clear Channel v. City of Baltimore (D. Md.) – representing plaintiff in First Amendment challenge to municipal sign ordinance.
- Counsel for a pharmaceutical distributor in a breach-of-contract dispute in Kentucky state court.
Appeals that Ben has handled include:
- Groves v. United States (4th Cir.) – appointed by the U.S. Court of Appeals to represent the defendant in a due-process challenge to a civil forfeiture order.
- O’Neal v. United States (D.C. Cir.) – appointed by the U.S. Court of Appeals to present argument as amicus curiae in bank-fraud appeal.
- Tibbs v. Bunnell (U.S. Supreme Court) – representing the University of Kentucky in a Supreme Court challenge to the Kentucky Supreme Court’s interpretation of a federal patient-safety law.
- Lexmark v. Impression Products (Fed. Cir.) (en banc) – representing plaintiff print-cartridge manufacturer in cross-appeal of summary judgment decisions in patent infringement action.
- EME Homer City Generation, L.P. v. EPA, 795 F. 3d 118 (D.C. Cir. 2015) – assisted Luminant Generation Company in successfully challenging Environmental Protection Agency’s interstate transport rule in the U.S. Court of Appeals for the D.C. Circuit on remand from the U.S. Supreme Court.
- Representing a large hospital system before the Kentucky Supreme Court in an appeal involving the preemptive effect of federal law in medical-malpractice litigation.
Ben also advises and represents clients in a broad range of matters outside of court. For example, he has helped successfully resolve an EPA investigation of a Fortune 100 company, counseled a large financial institution on potential exposure and remedies related to the sale of mortgage-backed securities, and advised energy producers and manufacturers on litigation and regulatory risks and opportunities.
At the start of his legal career, Ben served as a law clerk for Justice Ruth Bader Ginsburg of the U.S. Supreme Court and Judge A. Raymond Randolph of the U.S. Court of Appeals for the D.C. Circuit. He traveled to London, England, as a 2012 Temple Bar Scholar. And he twice worked on property-rights issues in Kampala, Uganda, as an International Justice Mission legal fellow.
Ben earned his law degree from Columbia University, where he was a James Kent Scholar and an articles editor for the Columbia Law Review. Before attending law school, Ben served as deputy chief of staff for the Kentucky Cabinet for Health and Family Services and as a legislative assistant in the U.S. House of Representatives. He received his B.A. in Government, summa cum laude, from Centre College, where he now serves as a member of the President’s Advisory Council.
- En Banc Federal Circuit Rejects Rule of Automatic Exhaustion: Four Things You Should Know About Lexmark v. Impression, Sidley Update (February 15, 2016)
- View from Temple Bar: Proximity and Professionalism in London, THE BENCHER (March/April 2014)
- Walking the Federalist Tightrope, 108 COLUM. L. REV. 1670 (2008)
- Centre College, President’s Advisory Council
- Edward Coke Appellate Inn of Court
- American Bar Association, Administrative Law Section
Ben provides pro bono representation and counseling to Grace Meridian Hill Presbyterian Church, a new church serving Washington, D.C.’s Columbia Heights neighborhood.
- Centre College 2015 Constitution Day Lecture, Our Human Constitution: The Supreme Court and the Liberal Arts.
- U.S. Supreme Court 2014–15 Term-in-Review, Federalist Society Louisville Lawyers’ Chapter (Sept. 15, 2015).