Benjamin F. Foster

Benjamin F. Foster

Attorney Profile

Top Rated Business Litigation Attorney in Houston, TX

Foster Salisbury
 | 405 Main Street, Suite 722
Houston, TX 77002
Phone: 713-331-5254
Selected To Rising Stars: 2015 - 2018, 2020
Licensed Since: 2012
Practice Areas:
  • Business Litigation
Attorney Profile

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

Within a month of coming to AZA, Mr. Foster tried a case for two manufacturing executives accused of breaching their fiduciary duties to their former employer by forming a competing company and joint venturing with a competitor. Mr. Foster also represented the executives’ new company, which the former employer accused of misappropriating trade secrets.  The plaintiff claimed over $100 million in damages against AZA’s clients, as well as several co-defendants.  At the end of the month-long trial, the jury awarded less than 2% of the plaintiff’s damages against the executives’ new company, and no-damages findings in favor of the executives themselves.  On appeal, AZA obtained a complete reversal of the verdict, and the appeals court rendered a take-nothing judgment against the plaintiff.

Mr. Foster has also secured and defended multiple 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.

On the plaintiff side, 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 prepared infringement contentions, reviewed invalidity arguments, and participated in claim construction analysis.  In addition, Mr. Foster is experienced in both finding and working with technical experts from the consulting to the testifying stage.

Before AZA, 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 Courts around the country.

About Benjamin Foster

Admitted: 2012, Texas


  • 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, 2007RIT Reporter Magazine: Managing Editor, 2005 Award for Best Mathematical Modeling Project, 2005: Comparison of AIDS Spread in the United States of America and UgandaUndergraduate 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 AdvocacyThe Chicago Journal of International Law, Articles Editor 2009 Research Assistant: Professor Lior Strahilevitz, The Right to Abandon

Industry Groups

  • Energy
  • Finance
  • Securities
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Office Location for Benjamin F. Foster

405 Main Street
Suite 722
Houston, TX 77002

Benjamin F. Foster:

Last Updated: 10/10/2019

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