Benjamin F. Foster

Attorney Profile

Top Rated Business Litigation Attorney in Houston, TX

Benjamin Foster PLLC
808 Travis St, Suite 1420
Houston, TX 77002
Phone: 713-331-5254
Selected to Rising Stars: 2015 - 2018, 2020 - 2021
Licensed Since: 2012
Practice Areas: Business Litigation (40%), Employment & Labor: Employee (20%), Employment Litigation: Plaintiff (20%), Intellectual Property Litigation (20%)
Attorney Profile

Benjamin Foster focuses on intellectual property and employment litigation.  Mr. Foster has handled dozens of non-competition/trade secret cases for scientists, engineers and executives in a wide range of industries. He has also handled software licensing, patent, trade secret, and complex commercial matters. Mr. Foster has handled all aspects of these cases from pre-suit diligence through final verdict and appeal.

Mr. Foster has extensive experience representing technology companies in licensing disputes, patent cases and trade secret misappropriation cases. In this context, he has extensive experience in obtaining temporary injunctions, particularly with regard to restricting defendant’s use of technology pending trial. Mr. Foster’s technical background, combined with his trial experience, allows for a unique understanding of the issues involved in patent cases.  Mr. Foster has also litigated patent cases against some of the biggest technology companies in America including IBM and Google. In his litigation against Google, Mr. Foster scored a rare appellate win for software patent holders in Data Engine Technologies LLC v. Google LLC, 2017-1135 (Fed. Cir. Oct. 9, 2018).  Where Mr. Foster successfully resurrected patents declared invalid by the District Court under 35 USC §101. Mr. Foster also has extensive experience in patent case evaluation and all stages of patent litigation.

In his labor and employment practice Mr. Foster was recently successful expanding the scope of Sarbanes-Oxley Whistleblower protections in Gryga v. Henkels 1:19-cv-01276. In that case, Mr. Foster successfully argued that an employee of a private company that reports fraud being committed against a public company, can bring a SOX retaliation case. This case set new law in this area where typically only employees of publicly traded companies are protected.

Mr. Foster has also secured and defended dozens of temporary restraining orders and temporary injunctions in state and federal court.  In this context, Mr. Foster has successfully defended numerous scientists and engineers under non-competition obligations who were accused of trade secret theft by their former employers.

Before starting his own Firm, Mr. Foster worked at the Houston Litigation Boutique of Ahmad Zavitsanos Anaipakos Alavi and Mensing in Houston for seven years.

Prior to moving to Texas Mr. Foster worked at the Chicago law firm of Durkin & Roberts, where he gained valuable experience in federal white-collar criminal cases involving commodities fraud, mortgage fraud, bank fraud and the Foreign Corrupt Practices Act, as well as extensive court room experience representing a wide range of criminal defendants in state and federal court. At Durkin & Roberts, Mr. Foster helped try a commodities fraud bench trial and worked on the ensuing appeal resulting in a new trial for the accused. Mr. Foster also worked on Guantanamo-detainee habeas litigation and a number of other national security and terrorism cases.

Mr. Foster is a University of Chicago Law School graduate who worked with Judge Richard A. Posner and Professor William Landes for two years, not only doing legal research but also writing software to gather legal data.  While in law school, he served as the 2009 articles editor for The Chicago Journal of International Law and won the Thomas R. Mulroy Prize for Excellence in Appellate Advocacy.

Mr. Foster earned a Bachelor’s of Science in computational mathematics, a hybrid computer science and mathematics degree from the Rochester Institute of Technology and brings a deep understanding of computer software and computer technology to all of his cases.

Mr. Foster is admitted to practice in the courts of Texas and Illinois as well as a number of Federal District and Appellate Courts around the country.

About Benjamin F. Foster

Admitted: 2012, Illinois

Professional Webpage:


  • At The Rochester Institute of Technology, received Award for Best Mathematical Modeling Project, 2005: Comparison of AIDS Spread in the United States of America and Uganda.
  • At The University of Chicago Law School, received Thomas R. Mulroy Prize for Excellence in Appellate Advocacy.

Educational Background

  • The Rochester Institute of Technology, Rochester, New York Bachelor of Science: Computational Mathematics, May 2007 Minor in Philosophy and Minor in Political Science RIT Honors Program: Graduate Assistant, 2007 RIT Reporter Magazine: Managing Editor, 2005 Award for Best Mathematical Modeling Project, 2005: Comparison of AIDS Spread in the United States of America and Uganda Undergraduate Research Assistant in both Mathematics and Cultural Studies
  • The University of Chicago Law School, Chicago, Illinois Juris Doctor with Honors, June 2010 Thomas R. Mulroy Prize for Excellence in Appellate Advocacy The Chicago Journal of International Law, Articles Editor 2009 Research Assistant: Professor Lior Strahilevitz, The Right to Abandon


  • Successfully and completely defeated a Temporary Injunction brought against a senior engineer who switched jobs and was sued for allegedly violating his non-compete. , 2020
  • Represented a departing CEO of a telecommunications company. Despite the executive being sued by the company for alleged malfeasance, Mr. Foster was successful in getting those claims dismissed and obtaining the full value of his severance package., 2019

Industry Groups

  • And Construction.
  • Energy
  • Technology
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Office Location for Benjamin F. Foster

808 Travis St
Suite 1420
Houston, TX 77002

Last Updated: 1/6/2021

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