Ben Rottenborn practices in the Litigation, Government Investigations & White Collar Criminal Defense, and Emerging Growth practice groups at Woods Rogers.
He has extensive experience representing clients in complex civil litigation matters involving issues in fiduciary duty, general commercial law, private equity/venture capital, securities, intellectual property, and products liability. As a litigator, Ben practices at both the trial and appellate levels in federal and state courts around the country.
Before joining Woods Rogers in 2012, Ben was a partner in the Chicago office of international law firm Kirkland & Ellis LLP. His career highlights include representing venture capital directors in a breach of fiduciary duty lawsuit brought by former shareholders in a technology start-up company. He also defended a Fortune 50 company in a suit seeking specific performance of a $15 billion merger contract. Ben is ranked as a Rising Star by Super Lawyers Virginia.
The Waynesboro, Va. native graduated with highest distinction from the University of Virginia and earned his law degree at Stanford Law School, where he served as president of the Stanford Law and Policy Review. After graduating, Ben served as a judicial clerk for the Honorable David G. Campbell, U.S. District Judge for the District of Arizona.
Ben has served as an adjunct professor at the University of Virginia School of Law.
Mill Mountain Advisory Board
Juvenile Diabetes Research Foundation
—Greater Blue Ridge Chapter
Science Museum of Western Virginia
- Represented sportswriter in IP and defamation action regarding ownership of writer’s social media account.
- Represented owners of large franchise business in defamation action brought by former employee and business partner.
- Represented investment advisory firm in dispute with former affiliate relating to allegedly defamatory statements.
- Represented movie studio in asserting First Amendment defenses to federal statutory claims.
- Counseled numerous clients regarding public statements to avoid potential liability for defamation.
Government Investigations, Internal Investigations, and White Collar Crime
- Represented healthcare provider in federal criminal and civil investigations for Medicaid fraud.
- Represented business in proceeding before State Corporation Commission relating to financial advisory services.
- Represented client in investigation by the Department of Health and Human Services and successfully resolved matter with no action taken by government.
- Represented national higher-ed services provider in federal government investigation.
- Represented national manufacturing company in investigation of and litigation arising from former executives’ alleged breaches of fiduciary duty.
- Led internal investigation of national company into fraud, theft, and breach of fiduciary duty by high ranking executives.
Emerging Growth and Private Equity
- Represented private equity firm in both litigation and international arbitration proceedings relating to acquisition of international healthcare firm, resulting in substantial settlement payment to client.
- Represented former investors in and directors of tech startup in 7 week jury trial alleging breach of fiduciary duty and helped achieve directed verdict at end of plaintiff’s case.
- Represented global private equity fund in breach of fiduciary duty litigation alleging misconduct by corporate subsidiary and successfully resisted plaintiff’s counsel’s repeated attempts to pierce the corporate veil to hold client liable for misconduct of which it was unaware.
- Represented startup e-commerce firm in dispute with merchant vendor and obtained pre-litigation payment for alleged breach of contract.
- Represented real estate private equity firm in federal lawsuit seeking rescission of one its assets; obtained early dismissal of case.
- Represent film and television studios in copyright infringement actions.
- Represented national manufacturing company in patent and trademark litigation and obtained preliminary injunction forbidding intellectual property infringement and putting a stop to certain allegedly unlawful business practices by opposing company.
- Represented national healthcare manufacturing firm in litigation brought by patent troll; used aggressive litigation strategy of filing a declaratory judgment action to leverage license agreement for nuisance value.
Class Action Defense
- Represented numerous companies in successfully defending against class actions, putative class actions, and shareholder derivative lawsuits alleging violations of federal statutes including securities laws, ERISA, and the Telephone Consumer Protection Act.
- Represented national auto manufacturer in product liability putative class action; obtained full summary judgment ruling.
Other Complex Litigation
- Defended California-based power plant in commercial litigation brought by neighboring chemical plant.
- Represented Fortune 100 company in litigation over $15 billion contested merger; helped achieve successful resolution that avoided potentially catastrophic consequences for client and its employees.
- Represented local franchisee of national business in commercial dispute; obtained a settlement that was greater than the maximum that could have been awarded at trial.
- Achieved early dismissal of federal antitrust claims against Roanoke-based business.
- Represented licensed private investigator prosecuted for alleged misconduct in performance of job duties and achieved acquittal at trial.
- Represented public company in response to unsolicited offer to purchase; counseled board of directors in properly discharging its members’ fiduciary duties in considering and responding to offer.
- Represented public companies in response to pre-suit demand letters from shareholders threatening derivative lawsuits.
- Counsel boards of directors and executives of both private and public companies regarding fiduciary duty and securities matters.
31 Woods Rogers Attorneys Listed as “Legal Elite” and “Rising Stars” | November 30, 2020
“Legal Elite” Ranking Lists 30 Woods Rogers Attorneys | December 10, 2019
Twenty-two Woods Rogers Attorneys Named 2019 Virginia Super Lawyers | April 11, 2019
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