Benjamin B. Au

B.A., Duke University, 1999

J.D., Yale Law School, 2003

Ben’s practice focuses on white collar criminal defense and complex civil litigation, particularly for tech-facing clients in the areas of trade secrets, breach of contract, and funder and founder disputes.  He has successfully tried cases in both state and federal courts and has briefed or argued appeals at every level of the federal and California courts.  Pro bono work is a priority for Ben: representative pro bono matters include serving as counsel for 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.  In 2018, Ben was named to the Northern California Super Lawyers list in the area of Business Litigation, and from 2014-2017, he was recognized by Super Lawyers as a Rising Star in White Collar Criminal Defense and Business Litigation in Los Angeles and San Francisco.  In 2016 and 2017, Benchmark Litigation named Ben to its Hotlist of top litigators in the United States under the age of 40.  Ben serves on the board of the National Association of Criminal Defense Lawyers and is also a member of the NACDL's White Collar Committee.  He is a frequent speaker on topics including white collar crime, trade secrets, and legal ethics.  He has served on the boards of the American Constitution Society in San Francisco and Los Angeles, the advisory board of the Alliance for Justice, and CounterPULSE, an arts organization in San Francisco. 

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, and his Bachelor of Arts from Duke University, where he was a Benjamin N. Duke Scholar and a Harry S. Truman Scholar.

Benjamin B. Au