Benjamin K. Riley
Top rated Intellectual Property Litigation attorney in San Francisco, California
Bartko Pavia LLP
Practice areas: Intellectual Property Litigation, Estate & Trust Litigation, Alternative Dispute Resolution; view more
Licensed in California since: 1983
Education: University of California Berkeley School of Law
Languages spoken: English, French, Spanish
Selected to Super Lawyers: 2004 - 2026 Benjamin K. Riley is a judicious and knowledgeable attorney and provides his clients with legal counsel in complex business matters such as intellectual property (IP), securities litigation, corporate law, communications law, antitrust law and more. He has been held to high regard for his work in trade secret disputes, and his work in IP matters involving patents, trademarks, copyright infringement and license agreements is voluminous and highlights his focus on quality representation.
A principal attorney at Bartko Pavia LLP, A Professional Corporation, in San Francisco, California, and a member of the law firm’s Executive Committee, Mr. Riley’s breadth of legal experience stretches as far back as 40 years, and his shrewd legal acumen gives his clients a generous advantage in taking back control of their business’ IP ownership. For his contributions to the legal community, he has been bestowed a plethora of acknowledgements and awards from prestigious organizations, including:
- Recognition from The Best Lawyers in America for his work in patent and commercial litigation, as well as arbitration
- The Daily Journal naming him a Top 100 California Lawyer, as well as California Attorney of the Year (2003, 2022)
- Being ranked by Chambers and Partners USA as one of the top 15 lawyers in California for Intellectual Property Litigation: Trademark, Copyright & Trade Secrets
- Being named one of the top 20 attorneys in California for Private Wealth Disputes by Chambers High Net Worth Guide
- Awarded the title of Master by the Edward J. McFetridge American Inn of Court
After completing his undergraduate studies in religion at Dartmouth College in 1979, Mr. Riley attended the University of California, Berkeley, School of Law and was an associate editor of the California Law Review. He received his Juris Doctor in 1983, and in the same year, his license to practice in California.
Outside his law practice, Mr. Riley maintains close affiliations with prominent legal organizations such as the Litigation Counsel of America (Senior Fellow), the Association of Business Trial Lawyers (president, Northern California Chapter; editor) and the American Bar Foundation (Fellow). In addition, he was selected by the judges of the U.S. District Court for the Northern District of California as a Lawyer Representative for the Ninth Circuit. He has also written many published articles for journals and magazines such as the Daily Journal, Litigation Magazine and the Los Angeles Daily Journal.
Practice areas
Intellectual Property Litigation, Estate & Trust Litigation, Alternative Dispute Resolution, Business LitigationFocus areas
Mediation, Trade Secret
- 40% Intellectual Property Litigation
- 40% Estate & Trust Litigation
- 10% Alternative Dispute Resolution
- 10% Business Litigation
First Admitted: 1983, California
Professional Webpage: https://bartkopavia.com/professional/benjamin-k-riley/
Bar / Professional Activity
- McFetridge Inn of Court, Master of the Bench
- Northern California Chapter of the Association of Business Trial Lawyers, President, 2007
- Named Top 100 California Lawyer by Daily Journal
- California Lawyer of the Year Award, 2022
- Top Rated by Chambers as top five lawyer in California Estate and Trust Litigation
- Listed in Best Lawyers in America
- Chambers: Ranked among top dozen California Lawyers in Intellectual Property: Trademark, Copyright and Trade Secrets
- Fellow, Litigation Counsel of America, 2017
- Board of Governors, Northern California Chapter of the Association of Business Trial Lawyers; President (2007); Vice President (2006); Treasurer (2005); Secretary (2004); Editor, ABTL Report (2001-2006), 2001
- Lawyer Representative from the Northern District of California to the Ninth Circuit, 2013
Verdicts / Settlements (Case Results)
- Received a Top Defense Verdict Award from the Daily Journal
- Defense Verdict in $250 million trust case following bench trial, 2021
- Soko Bukai v. YWCA
- Forge v. National Semiconductor
- Broadband Holdings v. Norwest
- Sun Microsystems v. Azul
- Dr. Bronner’s Magic Soap v. Hain Celestial, et al.
- Juarez et al. v. Jani-King
- Impinj v. Synopsys
- Scicom v. Actuate
- Geron v. ViaCyte
- Wells Fargo v. ABD
- Netlist v. Diablo
- Defeated motion for class certification in wage and hour, franchise case, 2012
- Prevailed and obtained defense verdict after three-week bench trial against $250 million claim for alleged oral inheritance., 2021
- Obtained preliminary injunction restraining further computer memory channel product manufacture and sale, pending trial, 2015
- Twice defeated motions for preliminary injunction filed by Wells Fargo in trademark case, 2013
- Obtained summary judgment for venture capital investors, defeating minority investors' fiduciary duty claim, 2010
Representative Clients
- Trust of Robert A. Naify
- Cloud Cruiser, Inc.
- ABD Financial & Insurance Services, Netlist, Actuate, Ross, ViaCyte
Transactions
- Various trust dispute matters and clients, normally involving $20+ million at issue.
Pro bono / Community Service
- American Bar Foundation, Fellow
- California Lawyer of the Year in Pro Bono category; service on community boards including Parks and Recreation Commission and Children's Garden; Co-Founder and Board Member of the Third Monday Foundation
Honors
- Recognized in connection with complete defense verdict in 2021 trial of trust case where claimant sought between $250 million and $300 million., California Lawyer of the Year Award, Daily Journal, 2022
- Recognized as obtaining largest defense verdict in California in 2000 in a jury trial case, in $240 million securities fraud class action., Top Defense Verdicts, Daily Journal
- Ranked Among the Best Lawyers in America, Best Lawyers in America
- Ranked among top dozen California lawyers in Intellectual Property: Trademark, Copyright and Trade Secrets, Chambers Ranked, Chambers Lawyers Rating Service
- Named a 2002 California Lawyer of the Year in the Pro Bono category for leading civil rights team to protect and preserve the historic Japanese YWCA in San Francisco., California Lawyer of the Year -- Pro Bono, California Lawyer, 2003
- Fellow, Litigation Counsel of America, 2016
Educational Background
- Dartmouth College, A.B. in History with distinction, Cum Laude
Scholarly Lectures / Writings
- University of California, Berkeley, School of Law, California Law Review, Associate Editor
- Tips For A Successful Arbitration, ABTL Northern California Report, Vol. 14, No. 3 (Summer 2005)
- Three Pitfalls for Trade Secret Plaintiffs, ABA Business Torts Journal, Vol. 15, No. 3 (Spring/Summer 2008)
- “Trade Secret Damages,” Chapter 9, Calculating and Proving Damages, Law Journal Press (2011)
- How Not to Regret Your Direct: Exploring the Human Story, Litigation Magazine, Vol. 41, No. 2 (Winter 2015), at 51
- President Signs Defend Trade Secrets Act of 2016, BZB Alert
- Catch the Conscience: Scripting a Winning Opening Statement, 9 Litigation Commentary & Review (January/February 2017)
- Trying a Trade Secret Case: A Road Map, Litigation Magazine, Vol. 43, No. 3 (Spring 2017), at 47
- Sometimes It Pays to Opt for a Jury in Business Disputes, Litigation Magazine, Vol. 45, No. 4 (Summer 2019), at 12
- Saving the Japanese YWCA Building, Daily Journal, 2019
- Filing Vaccine Injury Claims Under the Federal Vaccine Injury Act, Daily Journal, 2021
- Billionaire’s Trust Defeats Stepdaughter's Claim of Oral Promise, Daily Journal, 2022
- Ben Riley Selected As Top 100 California Lawyer, Daily Journal, 2022
- The Fireman's Rule: Defining Its Scope With the Cost-Spreading Rationale, 71 Calif. Law Rev. 218 (1983).
- How Not to Regret Your Direct: Exploring the Human Story, Litigation, Vol. 41, No. 2 (Winter 2015), at 51.
- Trade Secret Damages, Chapter 9, Calculating and Proving Damages, Law Journal Press (2011).
- Catch the Conscience! — Scripting a Winning Opening Statement, ABTL Northern California Report, Vol. 19, No. 2 (Spring 2010).
- Three Legal Lessons for Startups, Fortune.com (2011).
- Three Pitfalls for Trade Secret Plaintiffs, ABA Business Torts Journal, Vol. 15, No. 3 (Spring/Summer 2008).
- Tips for an Effective and Successful Arbitration, ABTL Northern California Report, Vol. 14, No. 1 (Summer 2005).
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Selections
- Super Lawyers: 2004 - 2026
