Benjamin B. Au

B.A., Duke University, 1999

J.D., Yale Law School, 2003

Ben’s practice focuses on complex civil litigation and white collar criminal defense.  He has successfully tried cases in both state and federal courts, including representation of a CEO of a Fortune 500 company in securities fraud cases brought by the Department of Justice and Securities and Exchange Commission; one of the nation’s largest retailers in a trademark infringement matter in which the plaintiff sought over $500 million in damages; and a California regulatory agency in an important enforcement action.  Ben also maintains an active appellate practice, having successfully briefed or argued appeals at every level of the federal and California courts.  In addition, Ben has conducted several internal investigations on behalf of corporate clients, and he regularly advises clients on strategic business and compliance issues prior to litigation.  Pro bono work is a priority for Ben: prior engagements include representation of Equality California, the largest gay rights group in California, in its challenge to Prop 8 in the Ninth Circuit and the United States Supreme Court; the ACLU in a Fourth Amendment and right to privacy challenge to California's electronic database of drug prescription records; a Guantanamo detainee in his habeas proceeding; and the Berkeley Unified School District in a Prop. 209 challenge to its pupil assignment policy. 

In 2015, Ben was recognized by the Los Angeles and San Francisco Daily Journal as one of the Top 20 Under 40 lawyers in California.  From 2014-2016, Ben has also been named as a Rising Star in White Collar Criminal Defense and Business Litigation by Super Lawyers.  Ben has also been a speaker at the National Association of Criminal Defense Lawyers White Collar Conference, in addition to other CLE panels, and he has written about the intersection between trade secret and criminal law.

Ben was previously a shareholder of Caldwell Leslie & Proctor in Los Angeles and, prior to that, an associate at Keker & Van Nest in San Francisco.  Ben began his legal career as law clerk to the Honorable M. Margaret McKeown, United States Court of Appeals for the Ninth Circuit.  Ben received his Juris Doctor degree from Yale Law School, where he founded the Capital Assistance Project, was the executive editor of the Yale Human Rights and Development Law Journal, and was active in the Community Legal Services clinic.  Ben received his Bachelor of Arts from Duke University, where he was a Benjamin N. Duke Scholar (full-tuition scholarship), a Harry S. Truman Scholar (national scholarship for graduate studies), a recipient of the Terry Sanford Award (for the top graduating public policy student), the co-founder of Students Against Sweatshops, the captain of the cycling team, Phi Beta Kappa, and graduated summa cum laude.  Before law school, Ben was a political consultant in Washington, D.C.

Benjamin B. Au